HomeMy WebLinkAboutCOUNCIL MINUTES 2003-04-23 34025
MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-SEVENTH
m. REGULAR MEETING OF APRIL 23, 2003
On April 23, 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 Laura delivered the invocation
Roll was called with the following result: Joe Laura, Maureen Miller
Brosnan, Donald Knapp, Linda Dolan, Gerald Taylor, and Jack Engebretson
Absent: Val Vandersloot—out of town
Elected and appointed officials present. Mark Taormina, City Planner;
Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of
Legislative Affairs, Jim Inglis, Executive Director of Housing, Mike Slater, Director of
Finance, Linda McCann, Director of Community Resources, Robert Beckley, Director of
Public Works, John Hill, Assistant City Engineer and Ian Wilshaw, Traffic Commission
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 168-03 RESOLVED, that the minutes of the 1,486th Regular Meeting
of the Council held April 9, 2003 are hereby approved as submitted
On a motion by Taylor, seconded by Laura, and unanimously adopted, it
was
CR 169-03 RESOLVED, that the subject matter of sidewalk and parking
lot tent sales is referred to the Law Department for a report and
recommendation to investigate the need for a new ordinance regulating
these sales
A Proclamation, revised on April 17, 2003, in honor of Arbor Day to be
celebrated in the City of Livonia on May 2, 2003, was received and placed on file for the
information of the Council (Agenda Item #8)
Regular Meeting of April 23, 2003 34026
On a motion by Brosnan, seconded by Taylor, it was
CR 170-03 RESOLVED, that having considered a letter from Vicki
Reault, representing Newburg United Methodist Church, dated January
30, 2003, which requests permission to display approximately 20 signs
announcing the Newburg United Methodist Church Rummage Sale to be
conducted on Friday, May 2, 2003 and Saturday, May 3, 2003, which
signs are to be 18"x 24" in size and which will be displayed at various
locations in the City of Livonia, no earlier than Friday, April 25, 2003, and
removed no later than Sunday, May 4, 2003, the Council does hereby
grant and approve this request in the manner and form herein submitted
CR 171-03 RESOLVED, that having considered a request from Council
President Engebretson, dated April 4, 2003, for the creation of a "Wall of
Honor" in the lobby of City Hall to display photos of men and women
currently serving in the Armed Forces that are related to citizens of
Livonia, the Council does hereby refer this item to the Mayor for a report
and recommendation
The Fifth Annual Report of the Board of Ethics, submitted by Richard W
McDowell, Chairperson, dated April 3, 2003 re business conducted in the 2002
calendar year, submitted pursuant to Section 2 200 070(D)(9) of the Livonia Code of
Ordinances, as amended, was received and placed on file for the information of the
Council
CR 172-03 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated March
27, 2003, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby approve
an extension of the contract with Wilco, Inc , P 0 Box 438, Auburn,
Michigan 48611, for providing lead-based paint inspection services for
Community Development Block Grant and State of Michigan funded minor
and substantial home improvement programs for a twelve month period
under the same rates, terms and conditions as the 2002 contract; and the
Housing Director is hereby authorized to do all things necessary or
incidental to the full performance of this resolution, FURTHER, the Council
does hereby authorize the action herein without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
Regular Meeting of April 23, 2003 REVISED CR 173-03 34027
CR 173-03 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated March 21, 2003, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept a Shared Grant Award (70%
federal government portion and 30% city Portion) from the Federal
Emergency Management Agency to acquire two (2) training simulators
(the "Fire Fighter Survival" simulator and the "Swede Survival Mobile
Flashover Training System") to be used for training purposes in
conjunction with surrounding jurisdictions as well as the local community
college, FURTHER, the Council does hereby appropriate and authorize an
expenditure in the amount of $147,000 00 (the City's share being
$44,100 00 and the Grant amount being $102,900 00) from the Capital
Outlay Fire Equipment Account No 101-338-979-000 for this purpose,
and the City Clerk is hereby requested to do all other things necessary or
incidental to the full performance of this resolution
CR 174-03 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated March 31, 2003, 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 Allie Brothers, 20295
Middlebelt Road, Livonia, Michigan 48152, for supplying the Fire
Department with uniforms for the unit prices set forth in the attachment, for
a total estimated amount of $47,452 05, which unit prices shall remain in
effect from May 1, 2003 through May 1, 2005, the Council having
determined to accept such bid in lieu of the low bid for the reasons
outlined in the aforementioned report and recommendation
CR 175-03 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 3, 2003, and the report
and recommendation of the Chief of Police, dated March 8, 2003,
approved for submission by the Mayor, the Council does hereby approve
of the request from Romaco of Michigan, LLC for transfer of ownership of
a 2002 Class C Licensed Business with Official Permit (Food), Sunday
Sales Permit and Outdoor Service (one area)from Dean's Palace, Inc., for
a business located at 37716 Six Mile Road, Suite A100, Livonia, Michigan,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
CR 176-03 WHEREAS, in 1872, J Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside for the
planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and Arbor Day is now
observed throughout the nation and the world, and
Regular Meeting of April 23, 2003 34028
WHEREAS, trees reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the
air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving up paper, wood for our
homes, fuel for our fires, and countless other wood products, and
WHEREAS, trees in our City increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and
spiritual renewal, and
WHEREAS, Livonia has been recognized as a Tree City USA by The
National Arbor Day Foundation for the last five years and desires to
continue its tree-planting practices
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of
the City Council of the City of Livonia hereby proclaim Friday, May 2,
2003, as Arbor Day in the City of Livonia, and urge all citizens to celebrate
Arbor Day and to support efforts to protect our trees and woodlands; and
FURTHER, we urge all citizens to plant trees to promote the well being of
this and future generations, and we invite citizens to join in the
commemoration of Arbor Day planned by the Tree City Committee at
Botsford Park adjacent to Botsford Elementary School at 1 00 p m on
Friday, May 2, 2003
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Jennifer Granholm, State Senator Laura M Toy, State
Representative John Pastor, State Representative Daniel Paletko, the
Michigan Municipal League State and Federal Affairs Division, the
Conference of Western Wayne and the Plymouth Road Development
Authority
CR 177-03 RESOLVED, that Soave Homes, Inc., 34822 Pembroke,
Livonia, Michigan 48152, as proprietor, having requested the City Council
approve the construction of the Boulder Pines Single Family Cluster
Homes (site condominiums) development at 32405 Seven Mile Road, on
property located south of Seven Mile Road, east of Brookfield Avenue, in
the Northwest 1/4 of Section 10, and it further appearing that approval of
the waiver use and site plan for the development was given by the City
Council on May 8, 2002, and it further appearing that such site plan,
together with Development Plans and specifications for improvements
have been examined and approved by the Engineering Department as set
Regular Meeting of April 23, 2003 34029
forth in the report of that Department, dated March 24, 2003, therefore, the
City Council does hereby determine to approve of the construction of this
cluster housing development (site condominiums), provided, however, that
petitioner first receives approval of the Master Deed from the Planning
Commission and City Council, on the following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including Sections 18 62 and
18 63 of Ordinance No 543, as amended, and the provisions
referenced therein, and the regulations and specifications of the
Engineering Department and the Development Plans submitted by
the proprietor and approved by such Department; all such
improvements to be constructed, installed, accomplished and
completed within a period of two (2) years from the effective date of
this resolution, failing this, the approval granted by the City shall be
considered null, void and of no effect whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
ordinance provisions,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Engineering Department, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
such ordinance provisions,
(4) That the proprietor shall enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time
and in the prescribed manner, all improvements required to the
extent required by the City of Livonia and as shown on the
approved Development Plans,
(5) That the following shall be incorporated into the Master Deed
(a) That the Condominium Association shall reimburse the City of
Livonia for any maintenance or repair costs for the stormwater
detention/retention and outlet facilities, and that the City of
Livonia shall have the right to impose liens on each
homeownersproperty and real estate bills in the event the
said charges are not paid by the Condominium Association
within 30 days of billing by the City of Livonia
Regular Meeting of April 23, 2003 34030
(b) That as a condition of obtaining necessary engineering
permits prior to commencing the required improvements, the
proprietor shall file with the City of Livonia a corporate surety
bond, certified check, cash bond, irrevocable letter of credit, or
other financial assurance in such form as may be approved by
the Department of Law guaranteeing the satisfactory
installation of all such improvements, utilities and grading by
the proprietor within the prescribed period in the following
amounts
(a) General Improvement Bond $149,000 00, of which at least
$ 10,000 00 shall be in cash
(b) Sidewalk Bond $ 4,400 00, of which at least
$ 2,000 00 shall be in cash
(c) Grading & Soil Erosion Control $ 2,400 00 (all cash)
(d) Landscaping/Entrance Markers $ 3,500 00, of which at least
$ 1,500 00 shall be in cash
(7) That the distribution lines for telephones and electric service are to
be placed underground throughout the site condominium
(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 178-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 31, 2003, which transmits its
resolution 03-42-2003 adopted on March 25, 2003, with regard to the
request for approval of landscaping submitted by Time Warner Cable, in
connection with Petition 2003-01-08-02, which previously received site
plan approval on February 26, 2003 (Council Resolution No 73-03)for the
office building located at 14525 Farmington Road on the west side of
Farmington Road between Lyndon and Five Mile Roads in the Northeast
1/4 of Section 21, the Council does hereby concur in the recommendation
of the Planning Commission, and the Landscape Plan in connection with
Petition 2003-01-08-02 is hereby approved and granted, subject to the
following conditions
1 That the Landscape and Fencing Detail Plan marked LLP-1 dated
March 27, 2003, as revised, prepared by Ludwig & Associates
Regular Meeting of April 23, 2003 34031
Limited, is hereby approved and shall be adhered to, except for tht
following
• That a staggered row of 8 foot to 10 foot high evergreen trees,
planted 12-15 feet off-center, shall be placed along the entire
south property line where it abuts Silver Village,
• That this landscaping shall be to the satisfaction of the Planning
Department;
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 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, and
4 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 179-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 1, 2003, which transmits its
resolution 03-44-2003 adopted on March 25, 2003, with regard to Petition
2003-02-GB-02, submitted by Franco Facchini, requesting approval to
substitute a greenbelt for the protective wall as outlined in Section 18 45 of
Zoning Ordinance No 543, as amended, for property located at 28046
Five Mile Road on the north side of Five Mile Road between Inkster and
Harrison Roads in the Southeast 1/4 of Section 13, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2003-02-GB-02 is hereby approved and granted, subject to the
following conditions
1 That the landscaped greenbelt along the north property line, as
shown on the plan market sheet L-1 dated April 1, 2003, as revised,
prepared by AZD Associates, is hereby accepted and shall be
substituted for the protective wall required by Section 18 45 of the
Zoning Ordinance,
2 That any change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission and City
Council for their review and approval or immediately construct the
protective wall pursuant to Section 18 45, and
Regular Meeting of April 23, 2003 34032
3 That additional landscaping be added subject to the approval of the
Planning Department.
CR 180-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 1, 2003, which transmits its
resolution 03-45-2003 adopted on March 25, 2003, with regard to Petition
2003-02-GB-03, submitted by Randazzo Formal Wear, requesting
approval to substitute a greenbelt for the protective wall as outlined in
Section 18 45 of Zoning Ordinance No 543, as amended, for property
located at 33925 Plymouth Road on the south side of Plymouth Road
between Farmington and Stark Roads in the Northeast 1/4 of Section 33,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2003-02-GB-03 is hereby approved and granted,
subject to the following conditions
1 That the southern 25 feet of the natural landscaped greenbelt along
the south property line, as shown on the plan received by the
Planning Commission on February 19, 2003, is hereby accepted
and shall be substituted for the protective wall required by Section
18 45 of the Zoning Ordinance,
2 That any change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission and City
Council for their review and approval or immediately construct the
protective wall pursuant to Section 18 45, and
3 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
March 14, 2003
• That the parking of vehicles shall only be limited to the defined
parking lot and parking spaces of the site,
• That the existing storage shed next to the rear of the building
shall be removed,
• That if a storage shed is needed for this business, the petitioner
shall have the option of erecting another shed, in a more
appropriate location, if the proper permits are obtained and it
passes inspection,
• That the entire parking lot shall be repaired, resealed and
double striped, and
Regular Meeting of April 23, 2003 34033
• That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code
CR 181-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 1, 2003, which transmits its
resolution 03-47-2003, adopted on March 25, 2003, with regard to Petition
2002-10-02-20, submitted by Robert Okerstrom requesting waiver use
approval to use a portion of the property for outdoor storage of trucks, in
connection with a truck rental business located at 13520 Merriman Road
on the east side of Merriman Road between Industrial and Schoolcraft
Roads in the Northwest 1/4 of Section 26, which property is zoned
M-1, the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2002-10-02-20 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan submitted by Okerstrom Corporation, dated
November 25, 2002, is hereby approved and shall be adhered to,
2 That the parking/outdoor storage of rental trucks shall occur only
within the designated parking spaces as shown on the above-
referenced Site Plan and shall be limited to three (3) trailers and
three (3) trucks,
3 That this approval shall incorporate the following comment
contained in the correspondence dated December 12, 2002 from
the Traffic Bureau
• That a ten to twenty-foot wide area along the east side of the
fence line for the storage yard be kept clear for crime prevention
purposes,
4 That this approval shall incorporate the following comments listed in
the correspondence dated December 4, 2002 from the Fire and
Rescue Division
• Establish and maintain a fire lane from Merriman Road to the
portion of the property in question,
• Provide fire hydrants so that all areas of the property in question
are within 300' of a hydrant; most remote hydrant shall flow
1000 g p m with a residual pressure of 20 p
• Provide clear area sufficient for emergency equipment to turn
around, and
Regular Meeting of April 23, 2003 34034
5 That all conditions imposed by Council Resolution #513-01 in
connection with Petition 2001-04-02-07, which permitted the
operation of the RV storage facility on the subject property, shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions of this approval
CR 182-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 1, 2003, which transmits its
resolution 03-49-2003, adopted on March 25, 2003, with regard to Petition
2003-02-02-02, submitted by Alan Tanski, on behalf of New Car
Alternative, Inc., requesting waiver use approval to construct an addition
onto an existing building and expand the vehicle display area in
connection with an existing automobile dealership on property located on
the south side of Plymouth Road between Laurel Avenue and Wayne
Road in the Northwest 1/4 of Section 33, which property is zoned
C-2, the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2003-02-02-02 is hereby approved
and granted, subject to the following conditions
1 That the Site/Landscape Plan marked Sheet 1 of 3, dated March
13, 2003, as revised, is hereby approved and shall be adhered to,
except that a continuous staggered row of arborvitaes spaced no
less than three feet on center shall be planted along the south
property line adjacent to this screen wall,
2 For safety purposes, the parking or standing of delivery trucks and
car haulers on Laurel Avenue is strictly prohibited All vehicle
loading and unloading at this dealership shall be accomplished on
the premises only, and not within any public rights-of-way, as
shown on the "Truck Hauler Unload Area" plan marked Sheet 1a of
4, dated March 13, 2003, which is hereby approved and shall be
adhered to,
3 That the Floor Plan marked Sheet 2 of 3, dated March 13, 2003, as
revised, is hereby approved and shall be adhered to,
4 That the Exterior Elevations plan marked Sheet 3 of 3, dated March
13, 2003, as revised, is hereby approved and shall be adhered to,
5 That all plant materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition,
6 That all landscaped areas shall be fully irrigated,
Regular Meeting of April 23, 2003 34035
7 That no fewer than 37 parking spaces located along the east and
south sides of the building shall be designated exclusively for the
use of customers and employees and shall be clearly delineated by
means of signage approved by the Inspection Department;
8 That all pole mounted light fixtures shall be shielded and shall not
exceed a maximum overall height of sixteen (16) feet above grade,
9 That the use of any outside P.A. speaker system is strictly
prohibited,
10 That the Petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
11 That this approval shall incorporate the following comments listed in
the correspondence dated February 21, 2003 from the Fire and
Rescue Division
• If subject building(s) are to be provided with an automatic
sprinkler system, a hydrant shall be located between 50 feet
and 100 feet from the Fire Department connection,
• Access around structure shall be provided for emergency
vehicles with turning radius up to forty-five feet wall-to-wall and
a minimum vertical clearance of 13-1/2 feet;
12 That no additional signage is approved with this request; and
13 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 183-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 31, 2003, which transmits its
resolution 03-43-2003 adopted on March 25, 2003, with regard to Petition
2003-02-08-05 submitted by S & N Development Company, requesting
site plan approval in connection with a proposal to construct an office
building on property located at 37640 Seven Mile Road on the north side
of Seven Mile Road between Newburgh Road and Victor Parkway in the
Southeast 1/4 of Section 6, 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 Planning Commission and
Petition 2003-02-08-05 is hereby approved and granted, subject to the
following conditions
Regular Meeting of April 23, 2003 34036
1 That the Site Plan marked Sheet SP 101 dated February 18, 2003,
as revised, prepared by Biddison Architecture & Design, is hereby
approved and shall be adhered to,
2 That the Landscape Plans marked Sheet L-1, L-2 and L-3, all dated
February 18, 2003, prepared by E J Kleckner & Associates, is
hereby approved and shall be adhered to,
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 Sheet A.201
dated February 18, 2003, as revised, prepared by Biddison
Architecture & Design, is hereby approved and shall be adhered to,
6 That the brick used in the construction shall be full face 4 inch brick,
no exception,
7 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,
8 That all light fixtures shall not exceed 20 feet in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
9 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
March 12, 2003
• That if the building is to be provided with an automatic sprinkler
system, a hydrant shall be located between 50 feet and 100 feet
from the Fire Department Connection,
• That access around the building shall be provided for
emergency vehicles with a turning radius up to 45 feet wall-to-
wall and a minimum vertical clearance of 13-1/2 feet;
Regular Meeting of April 23, 2003 34037
10 That no signs, either freestanding or wall mounted, are approved
with this petition, all such signage shall be separately submitted for
review and approval by the Planning Commission and City Council,
and
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
CR 184-03 RESOLVED, that having considered a communication from
the Livonia Arts Commission, dated April 11, 2003, approved by the
Director of Community Resources, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the Livonia Arts Commission to apply for a
$20,000 00 design grant from the Michigan Council of Art and Cultural
Affairs for a landscape design project on the north lawn of City Hall,
FURTHER, the Council does hereby permit the Livonia Arts Commission
to request support for this grant from local businesses and individuals, and
the Council does hereby approve the allocation up to $20,000 00 from Arts
Commission 724 trust fund account for the matching funds for this project.
CR 185-03 RESOLVED, that having considered the report and
recommendation of the 16th District Court, dated April 10, 2003, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the 16th
District Court to enter into an Agreement with Ranco Security, 36899
Groesbeck Highway, Clinton Township, Michigan 48035-1558 to provide
security personnel services for the 16th District Court on a month to month
basis at an annual cost for the first year of $62,712 00, FURTHER, the
Council does hereby authorize an expenditure in the amount of
$62,712 00 from funds previously budgeted in Court Account No 101-
141-818-000 for this purpose, FURTHER, the Council does hereby
approve the proposal submitted by Edwards Glass, 32000 Plymouth
Road, Livonia, Michigan 48150 for modifications to the 16th District Court
main entrance door (Part I) and modifications to four first floor level door
locations to secure the courthouse and to allow for use of a Card Reader
Entrance System (Part II) for a total cost of $19,364 00, to be expended
from funds already budgeted in Court Account No 101-141-976-000 for
this purpose, FURTHER, the Council does hereby authorize the action
herein without competitive bidding in accordance with Section 3 04 140D4
of the Livonia Code of Ordinances, as amended
CR 186-03 RESOLVED, that the Council having adopted Resolution
546-02 at its Regular Meeting held on October 28, 2002, requiring the City
Engineer to ascertain the assessed valuation of all property affected by
Regular Meeting of April 23, 2003 34038
the proposed street improvement of Carol Drive, north of Six Mile Road in
the Southeast 1/4 of Section 12, T 1 S , R. 9 E , City of Livonia, Wayne
County, Michigan, the number of parcels which show tax delinquencies,
the number of parcels owned by public authorities, the number of parcels
which are vacant, and having prepared and caused to be prepared plans
and specifications therefore and an estimate for the cost thereof, and to
file the same with the City Clerk together with his recommendation as to
what proportion of the cost should be paid by special assessment and
what part, if any, should be a general obligation of the City, the number of
installments in which assessments may be paid and the lands which
should be included in the proposed Special Assessment District, and it
appearing to the Council that all of such information, estimate, plans,
specifications and recommendations have been properly filed by the City
Engineer with the City Clerk under date of March 28, 2003, and that there
has been a full compliance with all of the provisions of Section 3 08 060 of
the Livonia Code of Ordinances, as amended, the Council does hereby
set Monday, June 2, 2003 at 7 00 p m as the date and time for a Public
Hearing on the necessity for such proposed improvement which Public
Hearing shall be held before the Council in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said
Livonia Code of Ordinances, as amended, and the City Clerk is hereby
authorized to give notice and publication of such hearing as is required by
Section 3 08 070 of said Code
A roll call vote was taken on the foregoing resolutions with the following result
AYES Laura, Brosnan, Knapp, Dolan, Taylor and Engebretson
NAYS None
Copies of audits completed by Plante & Moran for the City of Livonia
including the following
• District Court Funds of District No 16, City of Livonia, Michigan,
Financial Report with Additional Information, dated November 30,
2002
• Economic Development Corporation of the City of Livonia,
Michigan, Financial Report, dated November 30, 2002
• City of Livonia, Michigan Federal Awards Supplemental
Information, dated November 30, 2002
• City of Livonia, Michigan Financial Report with Additional
Information, dated November 30, 2002
Regular Meeting of April 23, 2003 34039
were received and placed on file for the information of the Council
A letter from Plante Moran, 27400 Northwestern Highway, P 0 Box 307,
Southfield, MI 48037-0307, re an article explaining the new accounting pronouncement
about the Governmental Accounting Standards Board (GASB) Statement #34, was
received and placed on file for the information of the Council (Agenda Item # 19)
A communication from the Department of Law, dated March 20, 2003, re
revisions to Alternate A of a proposed amendment to Chapter 2 56 of the Livonia Code
of Ordinances (Historic Preservation Commission), be considered for adoption by the
City Council, was received and placed on file for the information of the Council
Councilmember Knapp gave first reading to the following
Ordinance
AN ORDINANCE AMENDING TITLE 2, CHAPTER 56
(HISTORIC PRESERVATION COMMISSION) 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
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 187-03 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated April 7,
2003, submitted pursuant to Council Resolution 796-98, regarding the
subject of the administration's Beckett & Raeder report on Greenmead for
signage, landscaping and a road entrance, the Council does hereby
determine to take no further action with regard to this matter
A communication from the Department of Law, dated April 3, 2003, re a
proposal that Ardmore Development LLC construct two stormwater detention basins
Regular Meeting of April 23, 2003 34040
during the grading of said property in preparation for development, and an attached
Agreement to this effect, was received and placed on file for the information of the
Council (Petition 2001-01-08-09)
A communication from the Department of Public Works, Engineering
Division, dated April 7, 2003, re the Joint Venture Proposals - Ardmore Detention
Basins, was received and placed on file for the information of the Council (Petition
2001-01-08-09)
A site plan of an area with detention basins noted as 1A, 1B, 2A and 2B
from the Department of Public Works, received at the April 8, 2003, Committee of the
Whole meeting, re the Ardmore property site located on the east side of Farmington
Road between Seven Mile Road and Fargo Avenue, was received and placed on file for
the information of the Council (Petition 2001-01-08-09)
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 188-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 8, 2003,
submitted pursuant to Council Resolution 581-02, the Council does hereby
accept the proposal submitted by the Joint Venture of Hubbell, Roth &
Clark, P 0 Box 824, Bloomfield Hills, Michigan 48303-0824, and
Orchard, Hiltz & McCliment, inc., 34935 Schoolcraft Road, Livonia,
Michigan 48150, for providing a study analyzing the potential storage
capacities of the proposed regional detention basin on the Ardmore
property and the proposed detention basin on City property and the flows
that could be detained in these basins (Phases I and II) for a total cost not
to exceed $20,400 00, FURTHER, the Council does hereby appropriate
and authorize an expenditure in an amount not to exceed $20,400 00 from
the Unexpended Fund Balance of the Drainage Projects Construction
Fund #465 for this purpose, FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
Section 3 04 140D4 of the Livonia Code of Ordinances, as amended
Regular Meeting of April 23, 2003 34041
At the direction of the Chair, a proposed agreement between Ardmore Development,
LLC and the City of Livonia, for the creation of stormwater detention basins on the
Ardmore property and the adjoining City-owned property, will be considered by the
Council at the Regular Meeting of May 7, 2003
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 110 OF TITLE 12,
CHAPTER 20 (PUBLIC LANDS) 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
Councilmember Brosnan invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Laura, Brosnan, Knapp, Dolan, Taylor and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the City Engineer, dated March 25, 2003, re no
departmental concern with the storm drainage capacity for property on the west side of
Cavell Avenue between Five Mile Road and Western Golf Drive, was received and
placed on file for the information of the Council (Petition 2002-10-01-14)
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 24 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
Regular Meeting of April 23, 2003 34042
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2002-10-01-14)
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 21 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2002-10-01-15)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Brosnan, Knapp, Dolan, Taylor and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A communication from the Department of Public Works, Public Service
Division, dated April 21, 2003, re the use of a portable concrete batch plant located on
City property at 32000 Glendale Avenue by Six-S, Inc , for approximately four months,
was received and placed on file for the information of the Council
John Wood, a representative of Six-S, Inc , was present to answer questions of the
Council
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
Regular Meeting of April 23, 2003 34043
CR 189-03 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 7, 2003, 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 a portion of City-owned property
located 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 approximately four months (from May through
September, 2003), subject to the following conditions
1 Provide a Certificate of Insurance on all contractor operations
2 Hold harmless the City and its agents for wrongdoing occurring on
the site that are the direct result of the contractor's occupancy
3 Grade and restore the site to its original condition, or better, directly
upon completion of activities
4 Secure the site as directed by the Department of Public Works
5 Remove any tracked out material on Glendale Road as requested
by DPW personnel
6 Keep the premises dust free in accordance with the permit issued
by the Wayne County Health Department Air Pollution Control
Division
7 Abide by all existing laws and regulations, both local and State,
pertaining to erosion, siltation and pollution of watercourses
8 Abide by all local ordinances
9 Payment of $850 00 per month, beginning when the portable batch
plant arrives on site and ending upon its removal and the site
restoration
A communication from the Office of the Treasurer, dated April 21, 2003,
re the notification of property owners with charges for their respective properties under
the 2002 Sidewalk Program — Single Lot Assessments, was received and placed on file
for the information of the Council
On a motion by Dolan, seconded by Brosnan, and unanimously adopted, it
was
Regular Meeting of April 23, 2003 34044
CR 190-03 RESOLVED, that having considered a communication from
the City Treasurer dated April 21, 2003, regarding the replacement of
sidewalks in connection with the 2002 Sidewalk Program, Contract 02-H,
single lot assessments in the City of Livonia on the following parcels in the
following amounts
Parcels of property and assessment, as outlined in the Engineering
Division's letter dated January 21, 2003, is included herein by
reference,
which work was done pursuant to Council Resolutions 143-02 and 195-02
in accordance with the provisions of Section 12 04 340 of the Livonia
Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
giving of such notice with such charges remaining unpaid, the Council
does hereby pursuant to the provisions of Section 3 08 150 of the Livonia
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment payments in the
number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 191-03 RESOLVED, that having considered a communication from
James A. Ketai, Manager, Schoolcraft Commons, LLC, dated March 26,
2003, withdrawing its request to establish an industrial development
district on a portion of their College Park project (south of Schoolcraft
College) 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, and a
public hearing having been held on March 31, 2003, with regard to this
Regular Meeting of April 23, 2003 34045
matter, the Council does hereby determine to take no further action with
regard to this matter
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 192-03 RESOLVED, that having considered a communication from
the Fire Chief, dated March 27, 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 $100 00 from Meijer, Inc., Subsidiaries &
Affiliates, 2929 Walker, N W , Grand Rapids, MI 49544, the same to be
appropriated and credited to Account No 702---285-336 (Fire -
Community Donations) for the purpose as designated by the donor
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
this 1,487th Regular Meeting of the Council of the City of Livonia was adjourned at
8 33 p m , April 23, 2003
lv ' ' l
Joan McCotter, City Clerk