HomeMy WebLinkAboutCOUNCIL MINUTES 2002-03-13 33443
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTIETH
REGULAR MEETING OF MARCH 13, 2002
On March 13, 2002, 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 Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, Donald
Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor and Jack Engebretson
Absent: Joe Laura — active military duty
Elected and appointed officials present Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Karen Tesner, Assistant City Clerk, Mary Rutan, Human Resources Director; Karen
Szymula, Director of Legislative Affairs, Yvonne Lillibridge, President of AFSCME Local
Union 192, and Ian Wilshaw, Traffic Commission
On a motion by Brosnan, seconded by Taylor, and unanimously
adopted, it was
CR 119-02 RESOLVED, that the minutes of the 1 ,459th Regular Meeting
of the Council held February 27, 2002 are hereby approved as submitted
There was no audience communication
Mayor Kirksey spoke to the issue of a resolution on Diesel Fuel Tax and Simplification
that would affect the revenues allocated to cities and villages (HB 5733, HB 5734, HB
5735, HB 5736), and stated his opposition to the formula regarding the distribution of
funds as presented in these House Bills
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 120-02 Whereas local commercial truck routes are critical for
economic development and attracting new businesses and,
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Whereas commercial truck traffic has a negative impact on local streets
and bridges and,
Whereas the local commercial network is the backbone of Michigan's
economy and,
Whereas 1951 Public Act 51 establishes a funding distribution formula for
the State, county road commissions, cities and villages to maintain their
local transportation system and,
Whereas the Governor has proposed to increase the diesel fuel tax from
the current 15 cents per gallon to 19 cents per gallon, eliminate the diesel
tax credit, simplify the tax collection and,
Whereas the diesel tax and simplification legislation will generate an
additional $44 million to the Michigan Transportation Fund and,
Whereas the Governor proposes to bypass the Public Act 51 formula and
divert $33 8 million of the diesel fuels tax increase to the Michigan
Department of Transportation and,
Whereas, under the Governor's plan, Michigan's cities and villages shall
only receive $670,900 for statewide distribution and,
Whereas if the revenues from the diesel tax increase were distributed
equitably, via the Public Act 51 distribution formula, the Michigan
Department of Transportation would receive approximately $15 4 million
and Michigan's cities and villages would receive approximately $8 6
million for road and bridge repair and,
Whereas the City of Livonia would receive $11 ,852 65 under the
Governor's proposal, and $152,718 80 if the revenues from the proposed
increase in the diesel fuel tax were distributed via the Public Act 51
formula,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council
of the City of Livonia recognizes the far-reaching impact of diverting
transportation revenues from the Public Act 51 distribution formula and
calls upon the Michigan Legislature to support the increase in the diesel
fuel tax only if the additional revenue is distributed equitably to MDOT,
County Road Commissions, Cities and Villages based on the distribution
formula in 1951 Public Act 51 and
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted
to State Representatives John Stewart and Laura Toy, State Senator
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Thaddeus McCotter, the Conference of Western Wayne, and the State
and Federal Affairs Division of the Michigan Municipal League
Mayor Kirksey spoke about the "POINT OF VIEW"Program that airs on City Channel 8
The first part of the program gives an update on the Recreation Center, Ice Rink and
Senior Center The second part of the program is a presentation by Dan Putman
wherein he explains the information available on the City's website, such as, the amount
of increase the millage for road repair and improvements would be for residents, a
survey on the millage proposal where viewers can log on and give their opinions, and
which the City leaders will monitor He also mentioned the "State of the City" address
luncheon on March 21 at 11 30 a m at Laurel Manor, for which tickets are available at
$22 00 per person This address will also be aired on the "POINT OF VIEW" program
on City Channel 8
A communication from the Department of Law, dated February 25, 2002,
re Leo Soave v Zoning Board of Appeals for the City of Livonia, Michigan Court of
Appeals Docket No 238515, Wayne County Circuit Court Case No 01-118769AA,
Zoning Board of Appeals Case No 2001-05-67, wherein the Court upheld the Zoning
Board of Appeals decision, was received and placed on file for the information of the
Council (CR 512-00)
A communication from George McGlinnen, Hunters Brook Condominium
Association, 30347 Vassar, 48152, dated January 31, 2002, re requesting an
ordinance that will prohibit the delivery of non-mailed flyers on private property, was
received and placed on file for the information of the Council (Agenda Item # 31)
On a motion by Brosnan, seconded by Taylor, it was
CR 121-02 WHEREAS, audiologists and speech-language pathologists
in the City of Livonia observe and celebrate Better Hearing and Speech
Month each year during the month of May; and
WHEREAS, the City of Livonia recognizes and values the efforts of all
who work to eliminate or minimize the isolating effects of communication
disorders in the one in ten families affected by them, and
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WHEREAS, many citizens of Livonia have overcome their
communications disabilities through the services of dedicated audiologists
and speech-language pathologists, and
WHEREAS, audiology and speech-language pathology services
throughout our nation help to enable and empower individuals with
communication disorders to lead independent, productive and fulfilling
lives, and
WHEREAS, the City of Livonia is proud and honored to have audiologists
and speech-language pathologists offering quality education and hearing
care services to its citizens,
NOW, THEREFORE, BE IT RESOLVED, that Mayor Jack E Kirksey and
the Livonia City Council proclaim the month of May as Better Hearing and
Speech Month, and we encourage all citizens to recognize the
achievements of audiologists and speech-language pathologists in
improving the quality of life for people with communication disorders
CR 122-02 RESOLVED, that having considered a letter from Reverend
Aaron B Zull, Interim Rector of St. Andrew's Episcopal Church, dated
February 13, 2002, which requests permission to place signs announcing
an All-Parish Rummage/Garage Sale to be conducted on Friday and
Saturday, April 26 and April 27, 2002, which signs are double-sided and
are 4' x 5' in size and which will be located on the northeast corner of
Hubbard and Five Mile Roads and the northeast corner of Hubbard and
Six Mile Roads, and which signs would be installed on April 26, 2002, and
removed by April 28, 2002, the Council does hereby grant and approve
this request in the manner and form herein submitted
CR 123-02 RESOLVED, that having considered a letter from Lisa
Schmidt, representing St. Edith's Catholic Church, dated February 19,
2002, which requests permission to display signs announcing the St.
Edith's Catholic Church Mom-to-Mom Sale to be conducted on Saturday,
April 13, 2002, which signs are to be 14"x 23" in size and which will be
displayed at various locations in the City no earlier than Sunday, April 7,
2002, and removed not later than the evening of Saturday, April 13, 2002,
the Council does hereby grant and approve this request in the manner and
form herein submitted
CR 124-02 RESOLVED, that having considered a letter from Vicki
Reault, representing Newburg United Methodist Church, dated February
14, 2002, which requests permission to display 20 signs announcing the
Newburg United Methodist Mom-to-Mom Sale to be conducted on
Saturday, April 27, 2002, which signs are to be 18"x 24" in size and which
will be displayed at various locations in the City (two signs at each
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corner), no earlier than Saturday, April 20, 2002, and removed not later
than Sunday, April 28, 2002, the Council does hereby grant and approve
this request in the manner and form herein submitted
The Monthly Construction Progress Report, received on February 22,
2002 from Michael J Genrich, Project Manager, Etkin Skanska, Inc , re the Livonia
Community Recreation Center, was received and placed on file for the information of
the Council
CR 125-02 RESOLVED, that having considered Petition 02-2-3-3
submitted by Bill and Barbara DeBoe, dated February 22, 2002, wherein a
request is submitted to vacate the east 15 feet of the existing 30 foot
easement along the west property line of their property located at 18605
Mayfield, the Council does hereby refer this item to the City Planning
Commission for action and recommendation in accordance with provisions
of law and City ordinance
CR 126-02 RESOLVED, that having considered a communication from
the Mayor, dated February 19, 2002, concerning the reappointment of
Lora Weingarden to the Livonia Board of Ethics, and pursuant to Section
2 200 070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of Lora
Weingarden, 32941 Southgate, Livonia, Michigan 48152, to the Board of
Ethics for a three year term commencing March 1, 2002 and expiring
March 1, 2005
A communication from the Department of Community Resources, dated
February 13, 2002, re report on the Cable Television Franchise fees due the City of
Livonia, prepared by Plante & Moran, LLC, for the period January 1, 1999 through April
30, 2001 , was received and placed on file for the information of the Council
CR 127-02 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Chairperson of the Cable Commission, dated February 13, 2002, which
bears the signature of the City Attorney and the Director of Finance and is
approved for submission by the Mayor, to which is attached a report by
Plante & Moran, LLC, regarding the Cable Television Franchise Fees due
to the City of Livonia from Time Warner Cable for January 1, 1999 through
April 30, 2001, the Council does hereby refer this item to the Department
of Law for its report and recommendation
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CR 128-02 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated February 13, 2002, 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 Apollo Fire
Equipment Company, 12584 Lakeshore Drive, Romeo, Michigan 48065,
for supplying the Fire Department with twenty sets of bunker gear at the
unit price of $1,394 42, for a total amount of $27,888 40, the same having
been in fact the lowest and only bid received and meets specifications
CR 129-02 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 20, 2002,
approved for submission by the Mayor, requesting the renewal of the
contract with Great West Life and Annuity Insurance Company for
administration of the City's 401(a) Defined Contribution (DC) Retirement
Plan, the Council does hereby refer this item to the Finance, Insurance
and Budget Committee for its report and recommendation
CR 130-02 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 18, 2002,
approved for submission by the Mayor, submitting an application for a
license to operate three (3) taxicabs in the City of Livonia, requested by
Valerie Duarard, owner of Catch-A-Cab, P 0 Box 962, Farmington,
Michigan 48332-0962, dated November 5, 2001, the Council does hereby
determine that such taxicab service is required by the public convenience
and necessity and that these interests will be best served by approval of
the proposed taxicab license, and it does hereby approve and authorize
the issuance of the said license to Catch-A-Cab upon the payment of the
license fee and the filing of an insurance policy or bond as required in
Chapter 5 84 of the Livonia Code of Ordinances, and the City Clerk is
hereby requested to do all things necessary or incidental to the full
performance of this resolution
CR 131-02 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated February 25,
2002, approved for submission by the Mayor, which transmits a resolution
adopted by the Civil Service Commission on February 21, 2002, wherein
the Commission has approved the Letters of Understanding, dated
January 28, 2002, between the City of Livonia, the Livonia Police Officers
Association and the Livonia Lieutenant's and Sergeant's Association
regarding the Fitness Incentive Program, the Council does hereby concur
in the recommendation of the Civil Service Commission and approves said
Letters of Understanding as amendments for the respective Bargaining
Agreements
CR 132-02 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated March 4, 2002,
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approved for submission by the Mayor, which transmits a resolution
adopted by the Civil Service Commission on February 21, 2002, wherein
the Commission has recommended approval of the request of the Director
of Public Works and the City Engineer to change the classification title of
Testing Engineer to Construction Assistant/Soil Erosion Inspector, the
Council does hereby concur in the recommendation of the Civil Service
Commission and does hereby approve an amendment to the
Classification of Positions Plan to change the classification title of Testing
Engineer to Construction Assistant/Soil Erosion Inspector, with the
understanding that there will be no change in compensation
CR 133-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 12, 2002, 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 Spaulding Manufacturing Company,
5366 East Road, Saginaw, Michigan 48601, for supplying the Public
Service Division (Equipment Maintenance Section) with one (1) asphalt
hauler/reclaimer for a total price of $17,000 00, the same having been in
fact the lowest and only bid received and meets all specifications
CR 134-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 15, 2002, 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 Motor City Ford Trucks, Inc , 39300
Schoolcraft Road, Livonia, Michigan 48150, for supplying the Public
Service Division (Equipment Maintenance Section) with a 2002 Sterling
single axle cab and chassis with installed 5-7 yard dump body and hoist,
truck hydraulic system, front snowplow hitch with snowplow, tailgate salt
spreader, and underbody scraper blade for a net price of $90,690 00,
based on a total price of $92,690 00 less trade-in of $2,000 00, the same
having been in fact the lowest and only bid received and meets all
specifications
CR 135-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 15, 2002, 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 Motor City Ford Trucks, Inc , 39300
Schoolcraft Road, Livonia, Michigan 48150, for supplying the Public
Service Division (Equipment Maintenance Section) with a 2002 Sterling
tandem axle cab and chassis with installed 10-12 yard dump body and
hoist, truck hydraulic system, front snowplow hitch with snowplow, tailgate
salt spreader, and underbody scraper blade for a net price of $94,890 00,
based on a total price of $104,890 00 less trade-in of $10,000 00, the
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same having been in fact the lowest and only bid received and meets all
specifications
CR 136-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 19, 2002, 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 Plymouth Concrete, Inc., 600
Junction Street, Plymouth, Michigan 48170, for supplying the Public
Service Division (Road Maintenance Section) with readymix concrete at
the unit prices bid for the period April 1, 2002 through March 31, 2003 for
an estimated total amount of $55,000 00, FURTHER, in the event the
aforesaid low bidder is unable to furnish the material, the Council does
hereby accept the second lowest bid which meets specifications of
National Ready-Mix, Inc , 39000 Ford Road, Westland, Michigan 48185,
for supplying the Public Service Division (Road Maintenance Section) with
readymix concrete at the unit prices bid for the period April 1, 2002
through March 31 , 2003 for an estimated total amount of $55,950 00
CR 137-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 20, 2002, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the following low bids, which meet
specifications, for supplying the Public Service Division (Road
Maintenance Section) with the materials specified at the unit prices bid per
ton for the 2002 calendar year requirements
1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan
48150
M D O T - 21AA - Limestone $ 7 90 per ton
MDOT - 22A 695 per ton
WCRC - 22X 6 15 per ton
WCRC - 3A 960 per ton
WCRC - Porous Backfill Gr A 5 00 per ton
1" to 3" Crushed Concrete 8 85 per ton
10A Aggregate Stone 10 00 per ton
2 Jackie's Transport, 7811 Chubb Road, Northville, Michigan 48167
WCRC - 2NS - Natural Sand $ 6 75 per ton
W C R.0 - 2MS - Mortar Sand 8 05 per ton
3 Ellsworth Industries, Inc., 13400 Beacon Hill, Plymouth, Michigan 48170
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W C R.0 - 3X $13 20 per ton
Pea Gravel 10 50 per ton
4 Osburn Industries, Inc., 5850 Pardee Road, Taylor, Michigan 48180
WCRC - Porous Backfill Gr B $ 9 00 per ton
60-40 Washed - Conc Aggregates 10 60 per ton
5 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209
W C R.0 - 30A (Slag) $ 8 96 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish the
materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the Public
Service Division (Road Maintenance Section) with the materials specified
at the unit prices bid per ton for the 2002 calendar year requirements
1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan
48150
W C R.0 - 30A (Slag) $ 9 25 per ton
W C R.0 - 2MS - Mortar Sand 8 65 per ton
60-40 Washed - Conc Aggregates 11 55 per ton
Pea Gravel 11 25 per ton
2 Jackie's Transport, Inc., 7811 Chubb Road, Northville, Michigan 48167
M D 0 T - 21 AA - Limestone $ 7 85 per ton
M D O T - 22A 7 10 per ton
W C R.0 - Porous Backfill Gr B 9 10 per ton
10A Aggregate Stone 11 00 per ton
3 Osburn Industries, Inc., 5850 Pardee Road, Taylor, Michigan 48180
WCRC - 22X $ 615 per ton
W C R.0 - Porous Backfill Gr A 5 00 per ton
1" to 3" Crushed Concrete 8 96 per ton
4 Ellsworth Industries, Inc., 13400 Beacon Hill, Plymouth, Michigan
48170
WCRC - 3A $ 975 per ton
5 Milford Sand & Gravel, 8800 Dix Avenue, Detroit, Michigan 48209
WCRC - 2NS - Natural Sand $ 7 56 per ton
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CR 138-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 21, 2002, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby approve the lease of City-owned property at 32000
Glendale Avenue as requested by Six-S, Inc , 2210 Scott Lake Road,
Waterford, MI 48328, for the placement of a temporary concrete batch
plant for five months (from April through August, 2002), 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 DPW
5 Keep the premises dust free in accordance with the permit issued
by the Wayne County Health Department Air Pollution Control
Division
6 Abide by all existing laws and regulations, both local and State,
pertaining to erosion, siltation and pollution of watercourses
7 Abide by all local ordinances
8 Payment of $500 00 per month, beginning when the portable batch
plant arrives on site and ending when it is removed
CR 139-02 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated January 31, 2002, approved for submission by the Mayor, the
Council does hereby authorize the release to Livonia Builders, Inc , 35189
Vargo, Livonia, Michigan 48152, the proprietor of Willow Creek Estates
Subdivision, located on the south side of Six Mile Road between Merriman
Road and Henry Ruff Road in the Northwest 1/4 of Section 14, of the
financial assurances previously deposited with respect to the Monuments
& Lot Markers Bond in the amount of $970 00, pursuant to Council
Resolution 493-93, adopted on June 23, 1993, and subsequently
amended in Council Resolution 41-94, adopted on January 26, 1994, and
Council Resolution 23-95, adopted on January 18, 1995, FURTHER, all
other financial assurances now on deposit with the City, if any, with
respect to this Subdivision shall remain the same and unchanged, and the
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action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the Rules and
Regulations and Ordinances of the City of Livonia
CR 140-02 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated January 31, 2002, approved for submission by the Mayor, the
Council does hereby authorize the release to Livonia Builders, Inc , 35189
Vargo, Livonia, Michigan 48152, the proprietor of Glenn's Farm
Subdivision, located in the Southeast 1/4 of Section 11, of the financial
assurances previously deposited pursuant to Council Resolution 231-97
adopted on March 26, 1997, and subsequently amended by Council
Resolution 1030-97 adopted on December 17, 1997, specifically
a) General Improvement Bond $6,710 00 (all cash),
b) Grading and Soil Erosion Control $ 600 00 (all cash),
c) Entrance Markers-Landscaping $9,000 00 ($3,000 00 minimum cash); and
d) Monuments & Lot Markers $ 500 00 (all cash),
FURTHER, all other financial assurances now on deposit with the City, if
any, with respect to this Subdivision shall remain the same and
unchanged, and the action herein being taken is for the reasons indicated
in the aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance with the
Rules and Regulations and Ordinances of the City of Livonia
CR 141-02 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated February 12, 2002, approved for submission by the Mayor, the
Council does hereby authorize the release to U S Homes, Inc., 31731
Northwestern Highway, Suite 200 East, Farmington Hills, Michigan 48334,
the proprietor of Merriwood Estates Subdivision, located in the Northeast
1/4 of Section 3, of the financial assurances previously deposited pursuant
to Council Resolution 3-89 adopted on January 9, 1989, and subsequently
amended by Council Resolution 483-89 adopted on May 24, 1989,
specifically
a) General Improvement Bond $ 5,000 00 ($2,000 00 minimum cash),
b) Sidewalk Bond $10,500 00 ($2,000 00 minimum cash),
imo c) Grading and Soil Erosion Control $2,000 00 (cash); and
d) Monuments & Lot Markers $ 400 00 (all cash),
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and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the Rules and
Regulations and Ordinances of the City of Livonia
CR 142-02 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated February 12, 2002, approved for submission by the Mayor, the
Council does hereby authorize the release to Carlesimo Products, Inc ,
29800 West Eight Mile Road, Farmington, Michigan 48336, the proprietor
of Sunset Subdivision, located in the Northwest 1/4 of Section 2, of the
financial assurances previously deposited pursuant to Council Resolution
673-94 adopted on September 28, 1994, and subsequently amended by
Council Resolution 202-96 adopted on March 13, 1996, specifically.
a) General Improvement Bond $ 5,200.00 (all cash),
b) Sidewalk Bond $10,800 00 ($2,000 00 cash);
c) Grading and Soil Erosion Control $ 2,000 00 ($2,000 00 minimum cash), and
d) Monuments & Lot Markers $ 420 00 (all cash),
FURTHER, all other financial assurances now on deposit with the City, if
any, with respect to this Subdivision shall remain the same and
unchanged, and the action herein being taken is for the reasons indicated
in the aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance with the
Rules and Regulations and Ordinances of the City of Livonia
CR 143-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 11, 2002, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby approve a one-year extension of the current Agreement with Hard
Rock Concrete, Inc , 38146 Abruzzi Drive, Westland, Michigan 48185, for
completing all work required in connection with the 2002 Sidewalk
Program at the unit prices bid in February of 2000, with an adjustment
consisting of an increase of $0 15 per square foot for the 4", 6" and 8"
sidewalk and approach items, for a total amount not to exceed
$277,000 00, based upon the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, FURTHER,
the Council does hereby authorize an advance in the amount of
$225,000 00 (single lot assessment portion of the program) from the
General Obligation Road Improvement Bond Issue with the provision that
this bond issue be reimbursed from that portion of the project which is to
be financed by special assessment at such time as funds are
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subsequently received from the payment of bills and assessments by
affected property owners, FURTHER, the Council does hereby
appropriate and authorize an expenditure in the additional amount of
$42,000 00 from the Michigan Transportation Fund ($35,000 00 from the
Local Road Account and $7,000 00 from the Major Road Account) to pay
for the City's portion of this contract; FURTHER, the Council does hereby
authorize an expenditure in the amount of $10,000 00 from the
Unexpended Fund Balance of the Water and Sewer Fund for sidewalk
repairs at water main break locations, 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 Section 3 04 140D4 of the Livonia Code of Ordinances, as
amended, 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 144-02 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated February 11, 2002, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby amend Council Resolution 774-01 to read as follows
RESOLVED, that having considered the report and recommendation of
the Director of Public Works and the City Engineer, dated November 9,
2001, which bears the signature of the Finance Director and is
approved for submission by the Mayor, with regard to the improvement
of Lamont Street, from 130 feet north of Joy Road to 200 feet south of
Northfield Avenue in the Southeast 1/4 of Section 31 (S.A.D No 401 -
Contract 00-R), the Council does hereby determine as follows
1 To authorize a revision and amendment to Special Assessment
District No 401 in accordance with the revised assessment roll
attached as set forth in the confirmed assessment roll for Special
Assessment District No 401 from $76,498 00 to $62,560 00, with
the assessments to be reduced to the assessment rate of $68 00
per assessable foot, which amendment will reflect actual costs
incurred in this project,
2 To establish the final project cost at $133,968 96, of which
$62,560 00 is to be charged to the Special Assessment District,
and $71,408 96 is to be assumed by the City's Michigan
Transportation Fund (Local Road Account) receipts,
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3 To authorize an expenditure in the amount of $133,968 96 from the
General Obligation Road Improvement Bond Issue with the
provision that the Bond Issue be reimbursed at such time as funds
are available from the next Special Assessment Paving Bond Issue
($62,560 00), and from the Michigan Transportation Fund (Local
Road Account) receipts ($71,408 96), and
4 To authorize final payment to the contractor in the amount of
$8,270 10 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
The Annual Report of the Economic Development Office of the Livonia
Planning Department, prepared by the Economic Development Director for the period
September 1, 2000 through December 31, 2001, was received and placed on file for the
information of the Council
CR 145-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 2002, which transmits
its resolution 02-23-2002, adopted on February 12, 2002, with regard to
Petition 01-12-2-28, submitted by Sayer Ghosn, on behalf of Hawaiian
lbw Café, requesting waiver use approval to operate a limited service
restaurant in the Merri-Five Plaza located at 31160 Five Mile Road, on the
north side of Five Mile Road between Merriman Road and Bainbridge
Avenue in the Southwest 1/4 of Section 14, which property is zoned C-2,
the Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 01-12-2-28 is hereby approved and
granted, subject to the following conditions
1 That the seating capacity shall be limited to 22 seats, and
2 That the issues listed in the correspondence dated January 10,
2002 from the Inspection Department relating to the need for the
building to be in compliance with the barrier free accessibility code
and the site to be in compliance with the requirement for
handicapped parking signage and spaces shall be rectified to that
Department's satisfaction
CR 146-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 2002, which transmits
its resolution 02-19-2002 adopted on February 12, 2002, with regard to
Petition 02-1-8-5 submitted by Livonia Congregation of Jehovah's
Witnesses, requesting site plan approval in connection with a proposal to
33457
demolish, rebuild and construct an addition to the church located at 32070
Seven Mile Road, on the north side of Seven Mile Road between
Merriman and Farmington Roads in the Southeast 1/4 of Section 3,
pursuant to the provisions set forth in Section 18 58 of Ordinance No 543,
as amended, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 02-1-8-5 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 51 dated 1/16/02 prepared by
Dailey Engineering, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Drawing 1 dated 1/16/02
prepared by Effective Enhancement Company, is hereby approved
with the following modifications and shall be adhered to,
3 That earth berms, at least 3 ft. in height, shall be constructed along
both the east and north property lines The plant materials for the
berm along the north property line shall match those on the east
property line and shall be similar in size and quantity;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 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,
6 That the Exterior Building Elevation Plan marked Sheet A3 dated
9/10/01 prepared by Dailey Engineering, is hereby approved and
shall be adhered to,
7 That the brick used in the construction shall be full face four inch
(4") brick, no exceptions,
8 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match that of the building, and the enclosure gates shall
be maintained, and when not in use, closed at all times,
9 That all light fixtures, existing or proposed, shall not exceed 20 ft. in
height and shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadway;
33458
10 That no signs, either freestanding or wall mounted, are approved
with this petition,
11 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; and
12 That a wooden privacy fence similar to the existing fence be
installed along the remaining portions of the north property line
where it currently does not exist, subject to the approval of the
Planning Director
CR 147-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 2002, which transmits
its resolution 02-20-2002 adopted on February 12, 2002, with regard to
Petition 02-1-8-6 submitted by Raymond C Hurley, President, Hurley
Homes, Inc , requesting approval of the Master Deed, bylaws and site
plan in connection with a proposal to construct site condominiums (to be
known as Meadowlark Woods) on property located at 29945 Six Mile
Road, on the south side of Six Mile Road between Middlebelt and Henry
Ruff Roads in the Northeast 1/4 of Section 14, pursuant to the provisions
set forth in Section 18 62 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 02-1-8-6 is hereby approved and granted, subject to the
following conditions
1 That the Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the
Livonia Code of Ordinances, and Article XX, Section 20 01-20 06 of
Zoning Ordinance #543, except for the fact the following shall be
incorporated
a that the first floor of each condominium unit shall be
brick or stone, on all four sides, and the total amount
of brick or stone on each two-story unit shall not be
less than 65% and not less than 80% on one-story
dwellings,
2 That the brick used in the construction of each condominium unit
shall be full face four inch (4") brick, no exceptions,
3 That the petitioner shall include language in the Master Deed
wherein the condominium association shall reimburse the City of
Livonia for any maintenance or repair costs incurred for the storm
water detention/retention and outlet facilities,
33459
4 That the Site Plan dated 2/6/02, as revised, prepared by Leo Soave
Building Company, is hereby approved and shall be adhered to,
and the greenbelt along the north side of Lot 5 where it abuts the
OS district is hereby approved,
5 That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for;
6 That the petitioner shall correct to the Engineering Division's
satisfaction the following as outlined in the correspondence dated
February 8, 2002
a that the developer shall provide a 10 ft. wide
easement adjacent to the roadway;
b that the development shall meet the Wayne
County Storm Water Management Ordinance and
shall address all other existing water problems on
the property;
7 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
February 6, 2002
a that the developer will rectify the side yard setback
of Lot #2, and
8 That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Ordinance No 543,
Section 18 66 of the Ordinance, shall be deposited with the City
prior to the issuance of engineering permits for this site
condominium development.
CR 148-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 2002, which transmits
its resolution 02-21-2002 adopted on February 12, 2002, with regard to
Petition 02-1-8-7 submitted by Sam Shamie, N & J Development
Company, requesting site plan approval in connection with a proposal to
construct an office building on property located at 19250 Victor Parkway,
on the northwest corner of Seven Mile Road and Victor Parkway in the
Southeast 1/4 of Section 6, 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 02-1-8-7
is hereby approved and granted, subject to the following conditions
33460
1 That the Site Plan marked Sheet SP 101 dated 1/25/02, as revised,
prepared by Biddison Architecture & Design, is hereby approved
and shall be adhered to, and shall include, if feasible, a sidewalk
along Victor Park Drive,
2 That the Site Plan marked Sheet 2 dated 1/22/02 prepared by
Orchard, Hiltz & McCliment, is hereby approved and shall be
adhered to,
3 That no parking spaces shall be allowed to extend over any
walkways,
4 That the Landscape Plan marked Sheet L-1 dated 1/22/02
prepared by E J Kleckner & Associates, is hereby approved and
shall be adhered to,
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding, except where the Inspection Department deems it is
reasonable,
6 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
7 That the Exterior Building Elevation Plans marked Sheet A.201 and
Sheet A.202 both dated 9/18/01, as revised, prepared by Biddison
Architecture & Design, are hereby approved and shall be adhered
to,
8 That the brick used in the construction shall be full face four inch
(4") brick, no exceptions,
9 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building, or in
the event a poured wall is substituted, the wall's design, texture and
color shall match that of the building and the enclosure gates shall
be maintained, and when not in use, closed at all times,
10 That all light fixtures shall not exceed 20 ft. in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
33461
11 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence dated
February 1, 2002
a that all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
b that a STOP sign shall be installed for vehicles exiting onto
Victor Parkway;
12 That the petitioner shall correct to the Engineering Department's
satisfaction the following as outlined in the correspondence dated
January 31, 2002
a that a retaining wall along the north property line shall be
constructed prior to any building construction,
13 That the Sign Package submitted by Biddison Architecture &
Design, as received by the Planning Commission on January 30,
2002, is hereby approved and shall be adhered to, and any
additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council, and
14 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
A communication from the Department of Law, dated February 15, 2002,
- Administrative Response - re the subject matter of newspapers and handouts
delivered to the doors of homeowners, and the City Ordinance relative to this issue, was
received and placed on file for the information of the Council (CR 797-01)
A communication from the Department of Law, dated February 15, 2002,
- Administrative Response - re the history of the State of Michigan Law requirement
that local Civic Organizations seeking raffle licenses obtain municipal recognition, was
received and placed on file for the information of the Council (CR 35-02)
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson
33462
NAYS None
On a motion by Taylor, seconded by Knapp, and unanimously adopted, it
was
CR 149-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 4, 2002,
submitted pursuant to Council Resolution 18-00, regarding the Collective
Bargaining Agreement between the City of Livonia and AFSCME Local
Union 192 for the period December 1, 2001 through November 30, 2004,
and a communication from the Human Resources Director, dated
February 22, 2002, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which transmits a
resolution adopted by the Civil Service Commission on February 21, 2002,
approving such Agreement, the Council does hereby approve of and
concur in the aforesaid action of the Civil Service Commission, and the
Mayor and City Clerk are hereby requested to affix their signatures to the
said contract, for and on behalf of the City of Livonia, and to do all other
things necessary or incidental to the full performance of this resolution
Yvonne Lillibridge, AFSCME Local Union 192 President, was present to answer
questions of the Council
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING CHAPTER 23
(DEPARTMENT OF MANAGEMENT INFORMATION
SYSTEMS) TO TITLE 2 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
A communication from Sarkis Mark Anusbigian of Westborn Market,
14925 Middlebelt, Livonia, 48154, received on March 11, 2002, re changing his
request for permission to hang 14 American flags to permission to hang 14 red, white
and blue banners, was received and placed on file for the information of the Council
33463
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
CR 150-02 RESOLVED, that having considered a withdrawal of a
request from Sarkis Mark Anusbigian, Westborn Market, in which he
requested permission to hang fourteen (14) red, white and blue banners
on various light poles located in the parking lot at 14925 Middlebelt Road
from March 27, 2002 through September 27, 2002, the Council does
hereby determine to take no further action
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 151-02 RESOLVED, that having considered a communication from
the Human Resources Director, dated February 22, 2002, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which transmits a resolution adopted by the Civil Service
Commission on February 21, 2002, approving certain salary and fringe
benefit adjustments for Administrative, Professional, Exempt and
Confidential classifications, for the period December 1, 2001 through
November 30, 2004, which are as follows
fr.. WAGE ADJUSTMENTS
12/01/01 - 11/30/02 3%
12/01/02 - 11/30/03 3%
12/01/03 - 11/30/04 2%
LONGEVITY PAY.
Pursuant to existing contract language, Article 30, LONGEVITY PAY D ,
during the life of the prior agreement, the Police (LPOA) negotiated a
higher longevity payment which was provided to AFSCME 192 members
as follows
Years of Service Amount
5-7 $ 300
7-14 $ 750
14-21 $ 1,500
21 or over $ 2,250
HOSPITALIZATION.
33464
Consistent with current AFSCME Local 192 contract language, which
remains unchanged except to add that the employees and retirees after
December 1, 2001 shall have a $5 00 Preferred Rx deductible drug
prescription rider for generic drugs and a $10 00 co-pay for brand name
drugs
DENTAL
Beginning December 1, 2001, the dental reimbursement maximum will be
$600 per year and any unused portion of the employee's annual
reimbursement allowance shall accumulate for utilization for a period of
five (5) years
OPTICAL PLAN
The current plan and provisions will be continued
LIFE INSURANCE FOR RETIREES.
The current plan and provisions will be continued
SICKNESS AND ACCIDENT BENEFIT.
The current plan and provisions will be continued
PENSIONS
Pursuant to the prior agreement, the current plan and provisions will be
continued until November 30, 2004
The Council does hereby concur in and approve of the aforesaid action in
the manner and form herein submitted
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 152-02 RESOLVED, that having considered a communication from
the Mayor, dated February 20, 2002, which recommends certain salary
and fringe benefit adjustments for Appointed Department Head
classifications, for the period December 1, 2001 through November 30,
2004, which are as follows
WAGE ADJUSTMENTS
12/01/01 - 11/30/02 3%
33465
12/01/02 - 11/30/03 3%
12/01/03 - 1l/30/04 2%
LONGEVITY PAY.
Pursuant to existing contract language, Article 30, LONGEVITY PAY D ,
during the life of the prior agreement, the Police (LPOA) negotiated a
higher longevity payment which was provided to AFSCME 192 members
as follows
Years of Service Amount
5-7 $ 300
7-14 $ 750
14-21 $ 1,500
21 or over $ 2,250
HOSPITALIZATION:
Consistent with current AFSCME Local 192 contract language, which
remains unchanged except to add that the employees and retirees after
December 1, 2001 shall have a $5 00 Preferred Rx deductible drug
prescription rider for generic drugs and a $10 00 co-pay for brand name
drugs
DENTAL
Beginning December 1, 2001, the dental reimbursement maximum will be
$600 per year and any unused portion of the employee's annual
reimbursement allowance shall accumulate for utilization for a period of
five (5) years
OPTICAL PLAN
The current plan and provisions will be continued
LIFE INSURANCE FOR RETIREES.
The current plan remains the same
SICKNESS AND ACCIDENT BENEFIT.
The current plan and provisions will be continued
PENSIONS
33466
Pursuant to the prior agreement, the current plan and provisions will be
continued until November 30, 2004
The Council does hereby concur in and approve of the aforesaid action in
the manner and form herein submitted
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 153-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 19, 2001, which sets forth
its resolution 12-191-2001, adopted on December 11, 2001, with regard to
Petition 01-10-1-12, submitted by Sam Baki for a change of zoning of
property located on the west side of Middlebelt Road between Dover and
Grandon Avenues in the Southeast 1/4 of Section 35, from OS to RC, and
the Council having conducted a public hearing with regard to this matter
on February 25, 2002, pursuant to Council Resolution 23-02, the Council
does hereby reject the recommendation of the Planning Commission and
the said Petition 01-10-1-12 is hereby approved and granted, 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
L the same to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution
Petitioner Sam Baki was present at the meeting to answer questions of the Council
There was no audience communication at the end of the meeting
Council President Engebretson thanked the Cable Channel 8 volunteers for their efforts
in filming the Council meeting
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,460th Regular Meeting of the Council of the City of Livonia was adjourned at
8 24 p m , March 13, 2002
an McCotter, City Clerk C k ,i