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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-12-03 34380 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SECOND REGULAR MEETING OF DECEMBER 3, 2003 On December 3, 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 Taylor delivered the invocation Roll was called with the following result Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp, Val Vandersloot and Jack Engebretson Absent: - Linda Dolan — out of the City 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, Michael Slater, Director of Finance, Robert Beckley, Director of Public Works, Ron Reinke, Superintendent of Parks and Recreation and Alan Brandemihl, Fire Chief On a motion by Brosnan, seconded by Knapp, it was CR 614-03 RESOLVED, that the minutes of the 1 ,501st Regular Meeting of the Council held November 19, 2003 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Laura, Brosnan and Knapp NAYS None PRESENT Vandersloot and Engebretson During the audience communication portion of the agenda, Mayor Kirksey thanked all the people who helped make the Christmas Tree Lighting and Sing-A-Long a success He also thanked Brandon Wallot who presented him with a check for 34381 Regular Meeting of December 3, 2003 approximately $1,000 00 that Brandon had collected for the holiday lighting and decorations At the direction of the Chair, Agenda Item #2 was removed from the Consent Agenda On a motion by Knapp, seconded by Vandersloot, it was CR 615-03 RESOLVED, that having considered a letter from Jim Cernuto, Construction Manager, on behalf of Saadie Alobaidi, Imami Investments, dated November 11, 2003, to which is attached a request to purchase certain City-owned property located at 28580 Joy Road, the Council does hereby refer this item to the Department of Law for the purpose of directing the petitioner to obtain an appraisal with respect to this property and does further request that the Department of Law thereafter submit its report and recommendation to the Council CR 616-03 RESOLVED, that having considered a letter from Jim Cernuto, Construction Manager, on behalf of Saadie Alobaidi, Imami Investments, dated November 11, 2003, to which is attached a request to purchase certain City-owned property located at 28580 Joy Road, the Council does hereby refer this item to the Planning Department for its report and recommendation CR 617-03 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 13, 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 bid price of Stephen's Nu-Ad, Inc , 17630 East Ten Mile Road, Eastpointe, Michigan 48021-1266, for typesetting, printing and delivery to the City and post office of the "L" magazine to be published four times a year, at the unit prices specified in the aforesaid communication per issue, for a two year period from December 1, 2003, through November, 2005, said unit prices having been in fact the lowest bid received which meets all specifications, and the bid of Johnston Lithograph, Inc is hereby rejected for the reasons indicated in the aforesaid communication CR 618-03 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 13, 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 Agreement between the City of Livonia and the Livonia Public Schools School District, 15150 Farmington Road, Livonia, Michigan 48154, for use of the gymnastics area at the Livonia Community Recreation Center for the period June 1, 2003 through May 31, 2006, as well as for the rental of space in the Recreation Center, the Council does hereby authorize the 34382 Regular Meeting of December 3, 2003 Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, and to do all other things necessary or incidental to the full performance of this resolution CR 619-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 29, 2003, which sets forth its resolution 10-159-2003 adopted on October 28, 2003, with regard to Petition 2002-11-06-05, submitted pursuant to Council Resolution 601-02, to determine whether or not to amend Section 11 03(1)(1) of Article XI of Zoning Ordinance No 543, as amended, with respect to Subsections a, b and c regarding open-air business uses, the Council does hereby concur in the recommendation made by the City Planning Commission and does hereby determine to take no further action with regard to this petition CR 620-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 31, 2003, which sets forth its resolution 10-156-2003 adopted on October 28, 2003, with regard to Petition 2003-09-02-19 submitted by John Massa requesting waiver use approval to operate an automobile and light truck repair facility on property located at 30759 Eight Mile Road, on the south side of Eight Mile Road between Merriman Road and Milburn Avenue in the Northwest 1/4 of Section 2, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-09- 02-19 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked Article I prepared by Jon Massa, dated October 23, 2003, is hereby approved and shall be adhered to, 2 That the Building Elevations Plan marked Article 2 prepared by Jon Massa, dated October 23, 2003, is hereby approved and shall be adhered to, 3 That a fully detailed landscape plan shall be submitted for approval by the Planning Commission and City Council within 60 days following approval of this petition by the City Council, 4 That the following issues as outlined in the correspondence dated October 14, 2003 from the Inspection Department shall be rectified to that department's satisfaction • That the parking lot shall be repaired, resealed and double striped, 34383 Regular Meeting of December 3, 2003 • That the handicapped parking shall be provided near the building entrance as required and shall be properly sized, marked and signed, • That the building shall be painted on the south and west walls, • That the rear main door and front overhead door shall be replaced, 5 That repair work conducted at this facility shall not include bumping, painting, spraying and rust-proofing, and transmission repair; 6 That there shall be no overnight outdoor parking or storage of vehicles on the site, 7 That all auto parts, equipment, scrap material, debris or similar items generated by the subject use shall be stored inside the building or inside a dumpster or other type of trash container; 8 That any lighting equipment provided on the subject site shall be shielded and shall not exceed 20 feet in height above grade, 9 That the use of barbed wire on the fence enclosing the subject property shall be prohibited, and all existing barbed wire shall be removed, 10 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 11 That vehicles repaired at this facility shall not exceed one-ton capacity; 12 That there shall be no test driving of vehicles on Milburn Avenue, and 13 That the site plan shall be revised so as to provide additional landscaping in the east side yard area between the building and the Milburn Avenue right-of-way CR 621-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 31, 2003, which transmits its resolution 10-157-2003 adopted on October 28, 2003, with regard to Petition 2003-09-08-27 submitted by Rockford Construction, on behalf of Family Video, requesting site plan approval in connection with a proposal to renovate the exterior of the building located at 37405 Ann Arbor Road, 34384 Regular Meeting of December 3, 2003 on the southwest corner of Newburgh and Ann Arbor Roads in the Northeast 1/4 of Section 31, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2003-09-08-27 is hereby approved and granted, subject to the following conditions 1 That the Site and Landscape Plan marked C101 dated 10/23/03, as revised, prepared by DTS Architects, is hereby approved and shall be adhered to, 2 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked A201 dated 10/23/03, as revised, prepared by DTS Architects, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full-face four (4) inch brick or in the case a pre-cast concrete system is used it shall meet ASTM C216 standards, 7 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, 8 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 9 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; 10 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated October 20, 2003 34385 Regular Meeting of December 3, 2003 • that the entire parking lot shall be repaired, resealed and double striped • that the asphalt curbing at the northern end of the parking lot and the island curbing shall be repaired and/or replaced • that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code 11 That the signage shown on the approved plans, consisting of two 30 sq ft. ground signs and two 54 sq ft. wall signs, are hereby approved and shall be adhered to, 12 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for nonconforming signage and any conditions related thereto, 13 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 14 That the lights used to illuminate the glass tower shall be softened by light shields in order to make it less intrusive, and 15 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 roll call vote was taken on the foregoing resolutions with the following result AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None On a motion by Brosnan, seconded by Taylor, it was RESOLVED, that having considered a communication from the City Assessor, dated November 14, 2003, approved for submission by the Mayor, with regard to a request from Kim Kostich of Anchor Homes LLC, P 0 Box 510054, Livonia, Michigan 48151, representing Thomas Moore, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46- 049-01-0053-000 into two parcels, the legal descriptions of which shall read as follows 34386 Regular Meeting of December 3, 2003 PARCEL A Lot 53 of "Park Woods Sub ", of the Northeast 1/4 of Section 13, Town 1 South, Range 9 East, Livonia Township (now City of Livonia), Wayne County, Michigan As recorded in Liber 67 of Plats on Page 13, Wayne County Records PARCEL B Lot 54 of "Park Woods Sub ", of the Northeast 1/4 of Section 13, Town 1 South, Range 9 East, Livonia Township (now City of Livonia), Wayne County, Michigan As recorded in Liber 67 of Plats on Page 13, Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT, NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED The following people spoke in opposition to the proposed lot split at 16710 Harrison, Livonia, 48154, and about their concerns with the water flow and drainage in that area Susie Hannis, 16797 Harrison, Livonia, 48154 Cheryl Zabramski, 16784 Harrison, Livonia, 48154 Ann Howe, 28012 Stanmoor, Livonia, 48154 Robert Bryd, 28040 Stanmoor, Livonia, 48154 Peter Crnogorac, 16785 Harrison, Livonia, 48154 A communication from Susan Hannis, dated June 5, 2003, to the Zoning Board of Appeals, re her opposition to a lot split at 16710 Harrison, Livonia, 48154, and a portion of Section 21 07 of the Zoning Ordinance addressing the application of variance power, were received and placed on file for the information of the Council Pictures from Ann Howe, 28012 Stanmoor, Livonia, 48154, received at the Council Meeting of December 3, 2003, re water drainage problems on her property, relative to a lot split at 16710 Harrison, were received and placed on file for the information of the Council 34387 Regular Meeting of December 3, 2003 Councilmember Taylor withdrew his support from the aforementioned motion, and Councilmember Brosnan withdrew her motion On a motion by Brosnan, seconded by Taylor, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Assessor, dated November 14, 2003, approved for submission by the Mayor, with regard to a request from Kim Kostich of Anchor Homes LLC, P 0 Box 510054, Livonia, Michigan 48151, representing Thomas Moore, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to refer the subject matter of the proposed division of Tax Item No 46-049-01-0053-000 into two parcels to the Streets, Roads and Plats Committee for a report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the motion to substitute adopted A roll call vote was then taken on the substitute motion by Brosnan, seconded by Taylor as follows CR 622-03 RESOLVED, that having considered a communication from the City Assessor, dated November 14, 2003, approved for submission by the Mayor, with regard to a request from Kim Kostich of Anchor Homes LLC, P 0 Box 510054, Livonia, Michigan 48151, representing Thomas Moore, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to refer the subject matter of the proposed division of Tax Item No 46-049-01-0053-000 into two parcels to the Streets, Roads and Plats Committee for a report and recommendation with the following result: AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the resolution duly adopted 34388 Regular Meeting of December 3, 2003 On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 623-03 RESOLVED, that the Council does hereby determine that the subject matter of water flow and drainage problems associated with a request for a proposed lot split at 16710 Harrison by Anchor Homes, representing Thomas Moore, is referred to the Engineering Division for a report and recommendation to the Streets, Roads and Plats Committee A Site Plan received by the City Council Office on November 6, 2003, revised on 10/31/03, re a proposed bank by Pentagon Retail Development to be located on the east side of Haggerty Road between Seven and Eight Mile Roads, was received and placed on file for the information of the Council At the direction of the Chair, Agenda Item #9(a) was moved to the December 17, 2003 Regular Meeting On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 624-03 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated November 18, 2003, submitted pursuant to Council Resolution 893-00, in connection with the subject of the Civic Park Senior Center renovation, the Council does hereby determine to take no further action with regard to this matter At the direction of the Chair, Agenda Item #9(c) was moved to the December 17, 2003 Regular Meeting Councilmember Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6 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 2003-07-01-13) 1 34389 Regular Meeting of December 3, 2003 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 625-03 RESOLVED, that in connection with Petition 2003-07-01-13, submitted by Eric D Zylinski, on behalf of Apple Crest Dental P L C , requesting to rezone property located on the north side of Seven Mile Road between Bethany Road and Victor Parkway from RUFC to OS, the Council does hereby refer the subject of posting "No Parking or Standing" and/or "No Thru Traffic" signs on Bethany to the Traffic Commission for its report and recommendation Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 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 Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50A OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 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 Knapp gave first reading to the following Ordinance 34390 Regular Meeting of December 3, 2003 AN ORDINANCE AMENDING SECTION 18 50B OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 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 Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50C OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 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 Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 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 Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50E OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 1 34391 Regular Meeting of December 3, 2003 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 Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50F OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 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 Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50G OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 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 Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50H OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 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 Knapp gave first reading to the following Ordinance 34392 Regular Meeting of December 3, 2003 AN ORDINANCE AMENDING SECTION 18 50J OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06-04) 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 AMENDING SECTION 18 06 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-07-06-05) 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 AMENDING SECTION 20 05 OF ARTICLE XX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-07-06-06) 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 gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 12, CHAPTER 16 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED F 34393 Regular Meeting of December 3, 2003 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 took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2002-07-03-07 — CORRECTION) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2002-07-03-08 — CORRECTION) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Knapp, seconded by Taylor, it was 34394 Regular Meeting of December 3, 2003 RESOLVED, that having considered a communication from the Mayor, dated November 5, 2003, wherein it is recommended that the City become a member of the Traffic Improvement Association (TIA) to assist the City staff with traffic consulting, management and planning, the Council does hereby approve this request to join the Traffic Improvement Association (TIA), 2187 Orchard Lake Road, Suite 140, Sylvan Lake, Michigan 48320-1778, and further appropriates and authorizes an expenditure in the amount of $30,000 00 from the Unexpended Fund Balance of the Major Road Fund (202) for this purpose Councilmember Taylor withdrew his support from the aforementioned motion, and Vice-President Knapp withdrew his motion At the direction of the Chair, Agenda Item #16 was moved to the December 17, 2003 Regular Council Meeting On a motion by Knapp, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of American LaFrance Michigan, 46944 Liberty Drive, Wixom, Michigan 48393, for supplying the Fire Department with one (1) 2002 American LaFance 75 foot Telesqurt Aerial Fire Truck in the amount of $485,000 00, and the Director of Finance is hereby requested to solicit quotations for installment purchase financing for this purchase, such quotations to thereafter be submitted to Council for approval, FURTHER, the Council does hereby authorize the purchase of said item 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 Councilmember Laura withdrew his support from the aforementioned motion, and Vice-President Knapp withdrew his motion On a motion by Knapp, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby move the matter of supplying the Fire Department with one (1) 2002 American LaFrance 75 foot Telesqurt Aerial 34395 Regular Meeting of December 3, 2003 Fire Truck in the amount of $485,000 00 to the next Regular Council Meeting of December 17, 2003 Councilmember Laura withdrew his support from the aforementioned substitute motion, and Vice-President Knapp withdrew his substitute motion On a motion by Brosnan, seconded by Taylor, it was. RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the matter of supplying the Fire Department with one (1) 2002 American LaFance 75 foot Telesqurt Aerial Fire Truck in the amount of $485,000 00 from American LaFrance Michigan, 46944 Liberty Drive, Wixom, Michigan 48393, the Council does hereby determine to refer this subject matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the motion to substitute as follows. AYES Taylor, Brosnan and Engebretson NAYS Laura, Knapp and Vandersloot. The President declared the motion to substitute failed On a motion by Knapp, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the matter of supplying the Fire Department with one (1) 2002 American LaFance 75 foot Telesqurt Aerial Fire Truck in the amount of $485,000 00 from American LaFrance Michigan, 46944 Liberty Drive, Wixom, Michigan 48393, the Council does hereby determine to postpone this subject matter until the December 17, 2003 Regular Council Meeting. A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Knapp and Vandersloot NAYS Taylor, Brosnan and Engebretson 34396 Regular Meeting of December 3, 2003 The President declared the resolution failed On a motion by Laura, seconded by Knapp, it was RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of American LaFrance Michigan, 46944 Liberty Drive, Wixom, Michigan 48393, for supplying the Fire Department with one (1) 2002 American LaFence 75 foot Telesqurt Aerial Fire Truck in the amount of $485,000 00, and the Director of Finance is hereby requested to solicit quotations for installment purchase financing for this purchase, such quotations to thereafter be submitted to Council for approval, FURTHER, the Council does hereby authorize the purchase of said item 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 Council Vice-President Knapp withdrew his support from the aforementioned motion and Councilmember Laura withdrew his motion On a motion by Laura, seconded by Brosnan, it was CR 626-03 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine to refer the subject matter of the proposed purchase of one (1) 2002 American LaFrance 75 foot Telesqurt Aerial Fire Truck, in the amount of $485,000 00 from American LaFrance Michigan, to the Committee of the Whole for a report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Laura, Brosnan and Engebretson NAYS Knapp and Vandersloot. The President declared the resolution duly adopted On a motion by Vandersloot, seconded by Taylor, and unanimously adopted, it was 34397 Regular Meeting of December 3, 2003 CR 627-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 3, 2003, which sets forth its resolution 09-131-2003, adopted on September 30, 2003, with regard to Petition 2003-08-01-14, submitted by Narcisa and Emanuel Dan, for a change of zoning of property located on the north side of Schoolcraft Road between Farmington and Brookfield Roads in the Southwest 1/4 of Section 22, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on November 17, 2003, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-08-01-14 is hereby denied for the following reasons. 1 That the proposed change of zoning is incompatible to and not in harmony with the surrounding zoning and land uses in the area, 2 That the proposed change of zoning will provide for lot sizes that are smaller than the prevailing lot sizes in the area, 3 That the proposed change of zoning is inconsistent with the RUF zoning on adjoining properties as well as other similarly situated properties fronting on Schoolcraft Road both east and west of the subject property; 4 That the proposed change of zoning could result in development of the subject property in a manner that would adversely affect the character of the neighborhood, and 5 That the proposed change of zoning is not necessary for the continued use of the subject property for low density residential purposes in conformance with the recommendation of the Future Land Use Plan On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 628-03 RESOLVED, that having considered a letter from Council President Jack Engebretson, dated November 24, 2003, wherein it is requested that Council Resolution 451-03 be amended to include a revised date of "August 6, 2003, as revised" in lieu of June 11, 2003, in Condition No 6 of the conditions for approval of the Master Deed, bylaws, Site Plan and Landscaping Plan for Cavell Woods Site Condominium Development, in connection with Petition 2003-05-08-12, the Council does hereby amend and revise Council Resolution 451-03 so as to read as follows 34398 Regular Meeting of December 3, 2003 RESOLVED, that having considered a communication from the City Planning Commission, dated June 26, 2003, which transmits its resolution 06-93-2003 adopted on June 17, 2003, with regard to Petition 2003-05-08-12 submitted by Leo Soave, on behalf of Cavell Woods 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 14595 Cavell Avenue on the west side of Cavell Avenue between Five Mile Road and Western Golf Drive in the Northeast 1/4 of Section 24, pursuant to the provisions set forth in Section 18 62 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-05-08-12 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 #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, 2 That the brick used in the construction of each condominium unit shall be full-face four (4) inch brick, no exception, 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 by the City of Livonia, and the Master Deed shall state in Article 7, Section 1, paragraph (f), that no fencing should be erected within the five (5) foot greenbelt as shown on the site plan on the south and west boundaries of the development, 4 That the Site Plan marked Sheet 1 dated 8/6/03, as revised, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 34399 Regular Meeting of December 3, 2003 5 That the petitioner shall correct to the Engineering Department's satisfaction the following as outlined in the correspondence dated June 2, 2003 • That sidewalks shall be required in conjunction with this site condominium development, • That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 6 That the Landscape Plan marked Sheet 1 dated August 6, 2003, as revised, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 7 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 8 That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 9 That underground sprinklers are to be provided for the greenbelt easement along the north side of the development's street, from Cavell Avenue all the way to condominium Lot 15, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 10 That an Entrance Marker Application shall be submitted to the Planning Commission and City Council for their review and approval, 11 That the 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 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. On a motion by Knapp, seconded by Brosnan, and unanimously adopted, Regular Meeting of December 3, 2003 34400 it was CR 629-03 RESOLVED, that having considered a communication from the Fire Chief, dated November 13, 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 a cash donation in the amount of $9,732 00 from Westborn Market, the same to be appropriated and credited to Account No 702----285-336, Fire - Community Donations for purposes as designated by the donor On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 630-03 RESOLVED, that having considered a communication from the Chief of Police, dated November 10, 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 a Risk Avoidance Program (RAP) Grant from the Michigan Municipal Risk Management Authority in the total amount of $5,000 00 to be used as reimbursement for approximately six (6) of the forty-three (43) recently ordered X26E Taser® less-lethal weapons for use by the Police Department, the same to be deposited in the Adjudicated Forfeitures Fund (265) On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 631-03 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda A communication from Thomas J Hagan, Jr , dated November 20, 2003, re tendering his resignation from the Zoning Board of Appeals effective December 5, 2003, was received and placed on file for the information of the Council On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was CR 632-03 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Matthew Henzi, 14314 Barbara, Livonia, Michigan 48154, is hereby 34401 Regular Meeting of December 3, 2003 appointed to the Zoning Board of Appeals effective immediately to fill the unexpired term of Thomas J Hagan, ending July 12, 2006, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. During the audience communication portion of the agenda, Councilmember Brosnan announced the 15th Annual Christmas Walk that will take place on Saturday, December 6, 2003 On a motion by Brosnan, seconded by Knapp, and unanimously adopted, this 1,502nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 38 p m , December 3, 2003 71e SJ J8an McCotter, City Clerk