HomeMy WebLinkAboutCOUNCIL MINUTES 2003-11-19 34360
MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIRST
REGULAR MEETING OF NOVEMBER 19, 2003
On November 19, 2003, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice-
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, and Donald Knapp
Absent. - Val Vandersloot - serving the City in another capacity
Jack Engebretson — attending Harvard University Mayoral School
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, Linda
McCann, Director of Community Resources, Michael Slater, Director of Finance and
Ron Reinke, Superintendent of Parks and Recreation
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 591-03 RESOLVED, that the minutes of the 1,500th Regular Meeting
of the Council held November 5, 2003 are hereby approved as submitted
During the audience communication portion of the agenda, Ralph
Williams, 18630 Foch, Livonia, 48152, spoke to the Council about a loophole in the City
Charter regarding term limits for elected officials
Mayor Kirksey announced that Mayor elect Jack Engebretson is attending
a mayoral school sponsored by the John F Kennedy Institute for Politics at Harvard
University at no cost to the City He reminded everyone of the Holiday Parade that will
take place on Saturday, November 22 He also spoke to the issue of potential cuts in
revenue sharing funds coming to the City from the State of Michigan, and he asked the
citizens to contact their legislators to voice their opposition to these possible funding
cuts
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
est
Regular Meeting of November 19, 2003 34361
was
CR 592-03 RESOLVED, that the Council does hereby refer to the
Administration a request for a listing of the unfunded mandated activities
from the State to the City of Livonia, to be presented for the future use of
the new Mayor and Councilmembers, if it becomes necessary, due to cuts
in revenue sharing funds from the State of Michigan
On a motion by Dolan, seconded by Brosnan, and unanimously adopted, it
was
CR 593-03 RESOLVED, that the Council does hereby determine to
oppose any further cuts in revenue sharing funds that the City receives
from the State of Michigan and requests that a certified copy of this
resolution be sent to the Governor and state legislators
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 594-03 RESOLVED, that the Council does hereby refer the subject
matter of new parking standards in the City to the Planning Commission,
for a report and recommendation to the Legislative Committee for their
review
Council Vice-President Knapp announced a public hearing for the
following item to be held on Monday January 12, 2004 at 7 00 P M in the auditorium of
the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
Lee Capatina, ERS, on behalf of John Keough, President, Applied
Process, Incorporated and lessee of 12202 Newburgh Road, requests
to establish an Industrial Development District for the facility located at
12202 Newburgh Road
A communication from the Department of Law, dated October 31, 2003,
re City of Livonia and Farmington Road, LLC v Corby Energy Services, Inc., Wayne
County Circuit Court Case No 02-232436NZ, was received and placed on file for the
information of the Council
Agenda Item No 11 was moved from the Consent to the Regular Agenda
On a motion by Taylor, seconded by Brosnan, it was
Regular Meeting of November 19, 2003 34362
CR 595-03 WHEREAS, the City Council has received an application for
the transfer of an industrial facilities exemption certificate to Kelsey-Hayes
Company, a wholly-owned subsidiary of TRW Automotive, Inc from TRW
Automotive, Inc covering industrial facilities located within the City of
Livonia Industrial Development District No 59, and
WHEREAS, the Council did previously in Council Resolution 605-02
adopted on November 6, 2002, approve an industrial facilities exemption
certificate for TRW Automotive, Inc fora period of 12 years, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Kelsey-Hayes Company, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application,
NOW, THEREFORE, be it resolved by the City of Livonia as follows
(1) That the City Council, on the basis of the information received from
the applicant, Kelsey-Hayes Company, finds and determines
(a) That the approval of the transfer of this industrial facilities
exemption certificate shall not have the effect of substantially
impeding the operation of the local governmental unit or
impairing the financial soundness of any taxing unit which levies
an ad valorem property tax in the local governmental unit in
which the facility is to be located, and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, PA 1974, as amended
(2) That the City Council hereby approves the above transfer of
industrial facilities exemption certificate from TRW Automotive, Inc
covering industrial facilities to be located within the City of Livonia
Industrial Development District No 59,
(3) Council Resolution 605-02 adopted on November 6, 2002 is hereby
amended and revised to the extent necessary to be consistent with
the action taken herein
CR 596-03 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 21, 2003,
Regular Meeting of November 19, 2003 34363
approved for submission by the Mayor, with regard to proposals received
from insurance carriers in connection with the City's self-insurance
program for workers' compensation, the Council does hereby authorize
the Mayor and City Clerk to enter into a contract for the period December
1, 2003 to November 30, 2006, with Accident Fund Company, 232 S
Capitol Avenue, Lansing, Michigan 48901, to provide the City claims
administrative services and excess insurance coverage when losses from
any one claim reach $200,000 00, for a total estimated premium cost of
$87,755 00, and the action herein is being taken without competitive
bidding in accordance with the provisions set forth in Section 3 04 140D2
and D4 of the Livonia Code of Ordinances, as amended
CR 597-03 RESOLVED, that having considered the report and
recommendation of the Department of Parks and Recreation, dated
October 16, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, to which is attached a
proposed sublease and health services agreement between the City of
Livonia and St. Mary Mercy Hospital, 36475 Five Mile Road, Livonia,
Michigan 48154, to provide health and wellness services as well as
physical therapy service on a limited basis at the Livonia Community
Recreation Center for the period December 1, 2003 through November
30, 2006, as well as for the rental of space in the Recreation Center, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute this contract in the manner and form
herein submitted, and to do all other things necessary or incidental to the
full performance of this resolution
CR 598-03 RESOLVED, that having considered a communication from
the Director of Community Resources and the Director of Public Works,
dated October 21, 2003, approved by the City Attorney and is approved
for submission by the Mayor, to which is attached a proposed contract for
Caretaking Services at the Historical Village at Greenmead between the
City of Livonia and Thomas Beltowski, the term of which is November 1,
2003, through October 31, 2005, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
this contract in the manner and form herein submitted, as well as to do all
other things necessary or incidental to the full performance of this
resolution
CR 599-03 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 17, 2003, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, to which
is attached a proposed contract between the City of Livonia and The
Michigan Humane Society, 26711 Northwestern Highway, Suite 175,
Southfield, Michigan 48034, wherein the latter would provide animal
Regular Meeting of November 19, 2003 34364
sheltering services to the City for the period commencing December 1,
2003, through November 30, 2004, with boarding fees to increase from
$18 50 per day to $19 05 per day, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the said Agreement subject to approval as to form by the City Attorney;
FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3 04 140D2 and D4 of the
Livonia Code of Ordinances, as amended
CR 600-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 3,
2003, which bears the signature of the Director of Finance, is approved as
to form by the City Attorney, and is approved for submission by the Mayor,
requesting approval to participate in the Rouge River Watershed Local
Management Assembly and for payment of annual dues to this
organization which will promote cooperative management of the Rouge
River and provide mutual assistance in meeting stormwater permit
requirements under the Michigan Department of Environmental Quality
(MDEQ) watershed-based, general stormwater discharge permits for the
period through December 31, 2004, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the said Agreement subject to approval as to form by the City Attorney;
and the Council hereby appoints Robert J Beckley, Director of Public
Works, as the City of Livonia designated representative and James M
Zoumbaris, Superintendent of Public Service, as an alternate
representative to the Rouge Assembly; FURTHER, the Council does
hereby appropriate and authorize an expenditure in the amount of
$29,372 00 from the Water and Sewer Unexpended Fund balance, such
amount to be paid to the Rouge River Watershed Local Management
Assembly for the 2003 annual dues
CR 601-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 3,
2003, which bears the signature of the Director of Finance, approved as to
form by the City Attorney, and is approved for submission by the Mayor,
requesting approval to participate in the Rouge River Watershed Local
Management Assembly and for payment of annual dues to this
organization which will promote cooperative management of the Rouge
River and provide mutual assistance in meeting stormwater permit
requirements under the Michigan Department of Environmental Quality
(MDEQ) watershed-based, general stormwater discharge permits for the
period through December 31, 2004, the Council does hereby refer this
subject matter to the Water, Sewer and Waste Committee for its report
and recommendation
Regular Meeting of November 19, 2003 34365
CR 602-03 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 3, 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 Branch Tree Service, Inc.,
24195 Mound Road, Warren, Michigan 48091, for completing all work
required in connection with the City's Spring 2004 Municipal Tree
Trimming Program in Sections 13 and 22 through 24 for the estimated
cost of $195,316 90, 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,
FURTHER, the Council does hereby accept the unit price bid of this
company (as shown on the attached bid tabulation) to provide personnel
and equipment for regular tree maintenance and tree emergencies in all
sections of the City, in connection with the City's Spring 2004 Municipal
Tree Trimming Program, 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, FURTHER, the Council does hereby
authorize the payment of a fixed fee of $5,000 00 to be paid to Branch
Tree Service as a retainer to have a crew available to the City of Livonia
for one (1) year with a possible one-year extension, FURTHER, the
Council does hereby authorize Owen Tree Service, 225 N Lake George
Road, Attica, Michigan 48412, to provide routine tree maintenance and
emergency tree services in the event the low bidder is unable to provide
timely response, at the unit prices shown in the attached bid tabulation
CR 603-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 22, 2003, which transmits
its resolution 10-149-2003, adopted on October 14, 2003, with regard to
Petition 2003-09-SN-09, submitted by Jan Signs, Inc , on behalf of Big 0
Tires, requesting approval for signage for one of the commercial units of
the Seven Farmington Shopping Center located at 33400 Seven Mile
Road in the Southeast 1/4 of Section 4, the Council does hereby concur in
the recommendation of the Planning Commission and Petition 2003-09-
SN-09 is hereby approved and granted, subject to the following conditions
1 That the Sign Package submitted by Jan Signs, as received by the
Planning Commission on October 21, 2003, is hereby approved
and shall be adhered to, subject to a variance being granted by the
Zoning Board of Appeals for excess signage,
Regular Meeting of November 19, 2003 34366
2 That all signage shall not be illuminated beyond one (1) hour after
this business closes,
3 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
5 That the awning shown on the east elevation is hereby approved,
but the illumination of said awning is prohibited,
6 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for;
7 That the building is to be painted to match the color of the existing
building, and
8 That the awning shall not be internally illuminated, except that lights
directed downward for the purpose of illuminating the entrance shall
be allowed
CR 604-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2003, which transmits
its resolution 10-141-2003 adopted on October 14, 2003, with regard to
Petition 2003-09-08-21 submitted by Shen Associates, Inc , on behalf of
Golden Way Security, requesting site plan approval in connection with a
proposal to renovate the exterior of the building located at 28125 Seven
Mile Road, on the south side of Seven Mile Road between Inkster and
Harrison in the Northeast 1/4 of Section 12, pursuant to the provisions set
forth in Section 18 58 of Zoning Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the City Planning
Commission and Petition 2003-09-08-21 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet 1 dated 8/13/03, as revised,
prepared by Shen Associates, is hereby approved and shall be
adhered to,
2 That the Exterior Building Elevation Plan marked Sheet 2 dated
10/6/03, as revised, prepared by Shen Associates, is hereby
approved and shall be adhered to, except that the EIFS shall be
limited to the upper portions of the facade only;
Regular Meeting of November 19, 2003 34367
3 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
4 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,
5 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;
6 That the petitioner shall correct to the inspection Department's
satisfaction the following as outlined in the correspondence dated
September 23, 2003
• that the west section of the parking area shall be repaired,
resealed and double striped
7 That the signage shown on the approved Elevation Plan is hereby
approved with this petition, except the fact that the lettering or
characters over the entrance shall not be permitted,
8 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the wall signage, the building or
around the windows, and
9 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 605-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2003, which transmits
its resolution 10-142-2003 adopted on October 14, 2003, with regard to
Petition 2003-09-08-22 submitted by Etkin Equities, on behalf of College
Park Site Condominiums, requesting approval of the Master Deed, bylaws
and Site Plan in connection with a proposal to construct a site
condominium development on property located on the east side of
Haggerty Road between Six Mile and Seven Mile Roads in the Southwest
1/4 of Section 7, 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 2003-09-08-22
is hereby approved and granted, subject to the following conditions
Regular Meeting of November 19, 2003 34368
1 That the Master Deed and bylaws comply 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 No 543,
2 In the event of a conflict between the provisions set forth in the
Master Deed and the requirements set forth in the City of Livonia
Zoning Ordinance No 543, as amended, the Zoning Ordinance
requirements shall prevail and petitioner shall comply with the
Zoning Ordinance requirements,
3 That the petitioner shall include language in the Master Deed or a
separate recordable instrument 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, and giving the City of Livonia the right to impose
liens on each lot owner's property prorata and place said charges
on their real estate tax bills in the event said charges are not paid
by the condominium association (or each lot owner) within thirty
(30) days of billing for the City of Livonia,
4 That the Site Plans marked 4 and 5 both dated 9/15/03, as revised,
prepared by Atwell-Hicks, Inc , are hereby approved and shall be
adhered to,
5 That the Site Plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for; and
6 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 Zoning 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.
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Dolan, Taylor, Laura, Brosnan and Knapp
NAYS None
A drawing labeled Sheet No Al 0, dated November 11, 2003, submitted
by Industrial Structures, re showing 2 new doors relative to a proposal to construct an
Regular Meeting of November 19, 2003 34369
addition to an industrial building at 31465 Eight Mile Road, was received and placed on
file for the information of the Council (Petition 2003-09-08-23)
A communication from the Inspection Department, dated November 17,
2003 re expired zoning variances relative to a proposal by Modern Moving to construct
an addition to an industrial building at 31465 Eight Mile Road, was received and placed
on file for the information of the Council (Petition 2003-09-08-23)
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 606-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2003, which transmits
its resolution 10-143-2003 adopted on October 14, 2003, with regard to
Petition 2003-09-08-23 submitted by Industrial Structures, on behalf of
Modern Moving, requesting site plan approval in connection with a
proposal to construct an addition to the industrial building located at 31465
Eight Mile Road, on the south side of Eight Mile Road between Merriman
and Osmus in the Northeast 1/4 of Section 3, pursuant to the provisions
set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the City Planning
Commission and Petition 2003-09-08-23 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet S1 0 dated 10/18/03, as revised,
prepared by Laurence J Fichter, P E , LLC , is hereby approved
and shall be adhered to,
2 That the Exterior Building Elevation Plan marked Sheet Al 0 dated
11/11/03, as revised, prepared by Laurence J Fichter, P E , LLC ,
is hereby approved and shall be adhered to,
3 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
4 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
Regular Meeting of November 19, 2003 34370
color shall match that of the building and the enclosure gates shall
be maintained and when not in use, closed at all times,
5 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
October 6, 2003
• that the site's landscaping shall be re-established and all
planted materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained
in a healthy condition
• that the front parking lot shall be repaired, resealed and double
striped
• that all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code
6 That this approval is subject to the petitioner being granted a
variance(s), and resolving expired variances(s), from the Zoning
Board of Appeals a) for adding on to a nonconforming building and
any conditions related thereto, b) to continue an extension of the M-
1 industrial use of fifty (50) feet into the adjoining RUF residential
zone, unless industrial use of that portion of the property ceases,
and (c) continuance of a variance originally granted on September
4, 1981 for the required protective wall on the southerly portion of
the property, unless the required protective wall is built,
7 That the parking of recreational vehicles on the site is prohibited
and all such existing vehicles shall be removed immediately;
8 That only conforming signage is approved with this petition No
LED lightband or exposed neon shall be permitted on this site,
including but not limited to, the building or around the windows, and
9 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
Dan Hayes, 19836 Savage Road, Belleville, MI, representing Industrial
Structures for Modern Moving, spoke to the Council about Petition 2003-09-08-23
it was On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
Regular Meeting of November 19, 2003 34371
CR 607-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 28, 2003,
submitted pursuant to Council Resolution 293-03, in connection with the
request for proposed amendments to the Livonia Code of Ordinances, as
amended, regarding composting, the Council does hereby refer this matter
to the Department of Law to prepare the appropriate ordinance
amendment to the Livonia Code of Ordinances, which amendment would
require that a permit be obtained for composting, for submission to the
Legislative Committee
Ralph Williams, 18630 Foch, Livonia, 48152, spoke to the Council about
the subject matter of composting being a non-issue
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
it was
CR 608-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 28, 2003,
submitted pursuant to Council Resolution 293-03, in connection with
anonymous complaint issues, the Council does hereby determine to take
no further action with regard to this matter
A communication from the Department of Public Safety, dated October 20,
2003, - Administrative Response - re a list of active liquor licenses that allow for on-
premise consumption of alcohol in Livonia, was received and placed on file for the
information of the Council (CR 450-03 and 108-99)
A communication from the Department of Law, dated October 27, 2003, -
Administrative Response — re a survey of other communities relative to Class C Liquor
License applications, and the criteria they use in reviewing these applications, was
received and placed on file for the information of the Council (CR 448-03 & CR 449-
03)
A communication from the Legislative Affairs Technical Specialist, dated
October 28, 2003 re quota and non-quota on-premise liquor license tally for the City of
Livonia, was received and placed on file for the information of the Council
Regular Meeting of November 19, 2003 34372
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 609-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 28, 2003,
submitted pursuant to Council Resolution 108-99, in connection with the
City policy regarding Class C liquor license quotas, the Council does
hereby determine to take no further action with regard to this matter
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 610-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 28, 2003,
submitted pursuant to Council Resolution 108-99, in connection with the
City policy regarding Class C liquor license quotas, the Council does
hereby refer the general subject of liquor licenses for tracking purposes
(as neighboring communities explore changes to their ordinances and
newly adopted ordinances are tested) to the Legislative Committee
A communication from the Director of Finance, dated October 28, 2003,
re renewal of liability and property insurance coverage, was received and placed on
file for the information of the Council (CR 532-03)
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 611-03 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
November 12, 2003, submitted pursuant to Council Resolution 532-03, in
connection with renewal options for the City's Liability and Property
Insurance coverage, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute a contract
with Michigan Municipal Risk Management Authority, 14001 Merriman
Road, Livonia, Michigan 48154 for the period December 1, 2003 to
November 30, 2004, for the City's liability and property insurance
coverage for a total premium of $1,008,077 00 (Option 2, No Stop Loss)
as detailed in the aforementioned report; and the Director of Finance is
hereby requested to do all other things necessary or incidental to the full
performance of this resolution
Regular Meeting of November 19, 2003 34373
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE VACATING THE USE OF
PORTIONS OF STREET, ALLEY AND PUBLIC
GROUND (Petition 2002-07-03-07 — CORRECTION)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND (Petition
2002-07-03-08 — CORRECTION)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Taylor took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 30 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 2003-02-01-10)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Dolan, Taylor, Laura, Brosnan and Knapp
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
Regular Meeting of November 19, 2003 34374
become effective on publication
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 612-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2003, which transmits
its resolution 10-148-2003 adopted on October 14, 2003, with regard to
Petition 2003-09-08-26 submitted by Spalding Properties, LLC, on behalf
of Hunters Park Estates Site Condominiums, requesting approval of the
Master Deed, bylaws and Site Plan in connection with a proposal to
construct a site condominium development on property located at 37917
Plymouth Road, on the south side of Plymouth Road between Newburgh
and Eckles Roads in the Southeast 1/4 of Section 30, 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 2003-09-08-26 is hereby approved and granted,
subject to the following conditions
1 That the Master Deed and bylaws comply 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 No 543, except for the fact the following
shall be incorporated
• 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,
• that all exterior chimneys shall be brick
2 In the event of a conflict between the provisions set forth in the
Master Deed and bylaws and the requirements set forth in the City
of Livonia Zoning Ordinance No 543, as amended, the Zoning
Ordinance requirements shall prevail and petitioner shall comply
with the Zoning Ordinance requirements,
3 That the petitioner shall include language in the Master Deed or a
separate recordable instrument 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, and giving the City of Livonia the right to impose
liens on each lot owner's property prorata and place said charges
on their real estate tax bills in the event said charges are not paid
Regular Meeting of November 19, 2003 34375
by the condominium association (or each lot owner) within thirty
(30) days of billing for the City of Livonia,
4 That the brick used in the construction of each condominium unit
shall be full face four (4) inch brick,
5 That the Site Plan marked Sheet 1 dated October 9, 2003, as
revised, prepared by Spalding Properties, is hereby approved and
shall be adhered to,
6 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
October 10, 2003
• That adequate hydrants shall be provided and located with
spacing consistent with residential areas Most remote hydrant
shall flow 1,500 GPM with a residual pressure of 20 PSI,
• That the minimum diameter of cul-de-sac shall be at least 110
feet;
• That any curves or corner of streets shall accommodate
emergency vehicles with a turning radius of 45 feet wall-to-wall,
7
That the Entrance Marker Application shall be submitted to the
Planning Commission and City Council for their review and
approval,
8 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; and
9 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 Zoning 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.
On a motion by Dolan, seconded by Brosnan, it was
CR 613-03 RESOLVED, that having considered a communication from
the Department of Law, dated November 7, 2003, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the
Open Meetings Act, direct that a closed Committee of the Whole meeting
be held for the purposes of discussing litigation matters and attorney/client
Regular Meeting of November 19, 2003 34376
privileged communications in connection with pending litigation, Wesley
Klem v City of Livonia d/b/a Whispering Willows Golf Course
A roll call vote was taken on the foregoing resolution with the following result:
AYES Dolan, Taylor, Laura, Brosnan and Knapp
NAYS None
The President declared the resolution duly adopted
Ralph Williams, 18630 Foch, Livonia, 48152, again spoke about term
limits
Councilmember Brosnan announced the Christmas Tree Lighting
Ceremony would be held on Tuesday, December 2, 2003 at 7 00 p m
Council Vice-President Knapp announced that Karen and Ron Szymula
are celebrating their 32nd wedding anniversary tonight. He also offered congratulations
to his parents on the occasion of their 36th wedding anniversary to be celebrated on
Sunday, November 23, 2003
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,501st regular meeting of the Council of the City of Livonia was adjourned at 8 40
p m , November 19, 2003
714I
J.an McCotter, City Clerk