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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-06-11 34091 MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINTIETH REGULAR MEETING OF JUNE 11, 2003 On June 11, 2003, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Dolan delivered the invocation Roll was called with the following result: Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp and Jack Engebretson Absent: - Val Vandersloot Elected and appointed officials present Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, William LaPine, Planning Commission, Ian Wilshaw, Traffic Commission and Stan Dobis, Cable Commission On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 245-03 RESOLVED, that the minutes of the 1,489th Regular Meeting of the Council held May 21, 2003 are hereby approved as submitted During the audience communication portion of the agenda, Mayor Kirksey reminded everyone of the "Great Race" that will be commencing at the Livonia Community Recreation Center on June 21 He also mentioned that a free concert performed by the Detroit Symphony Orchestra is scheduled for Wednesday, June 18, on the south lawn of City Hall, under the sponsorship of Ford Motor Company A communication from the Department of Finance, dated May 20, 2003, re forwarding various financial statements of the City of Livonia for the month ending April 30, 2003, was received and placed on file for the information of the Council A communication from Engineering, dated June 4, 2003, re verifying that there are no sidewalks on the west side of Angling relative to a request for a sidewalk 34092 Regular Meeting of June 11, 2003 waiver at 20005 Angling, was received and placed on file for the information of the Council (Agenda Item #4) A communication from Adkison, Need & Allen, attorneys, dated June 4, 2003, re a revised Letter of Understanding for Champps Operating Corporation, Inc., relative to a request for a liquor license at 19740 Haggerty Road, Livonia, 48152, was received and placed on file for the information of the Council (Agenda Item #8) A communication from the Public Service Division, dated June 6, 2003, re reason for price increase of water meters from the 2001 contract price is due to an increase in the number of meters needed for this program, was received and placed on file for the information of the Council (Agenda Item #12) A communication from the Public Service Division, dated June 6, 2003, re the process that is followed relative to the purchase of rock salt so that a 75/25 split of the salt budget is achieved, was received and placed on file for the information of the Council (Agenda Item #14) A communication from the Public Service Division, dated June 6, 2003, re the projected schedule for the relocation of the City's archery range on Glendale, was received and placed on file for the information of the Council (Agenda Item #16) On a motion by Brosnan, seconded by Dolan, it was CR 246-03 RESOLVED, that having considered an application from Debbie Stermer, 20110 Floral, dated May 22, 2003, requesting permission to close Floral Street between Fargo and Norfolk on Saturday, June 28, 2003, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 247-03 RESOLVED, that having considered a letter from Brian Lee, representing St. Edith Parish, dated May 22, 2003, which requests permission to display signs announcing their Family Festival to be 34093 Regular Meeting of June 11, 2003 conducted on Friday, June 13, 2003 through Sunday, June 15, 2003, which signs will be displayed at various intersections of the City from Thursday, June 12, 2003 through June 16, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 248-03 RESOLVED, that having considered a letter from Daniel R. Willenborg, Principal of Franklin High School, dated May 16, 2003, the Council does hereby approve and recognize the Franklin High School Patriot Homecoming Street Parade to be held on Friday, October 3, 2003, beginning at 12 30 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the eastern most driveway of Franklin High School and travel east along Joy Road to Hillcrest; north on Hillcrest and east on Olson to Henry Ruff; north on Henry Ruff to Robert Drive, west on Robert Drive to Sunset; south on Sunset to Hathaway, east on Hathaway; south on Henry Ruff to Olson, west on Olson to Hillcrest, south on Hillcrest to Joy, west on Joy to the Franklin High School parking lot through the circular drive in front of the school, FURTHER, the Council does hereby request that the Wayne County Road Commission allow the City of Livonia to close the necessary roads between the hours of 12 30 p m and 2 15 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Sgt. Wes McKee is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia CR 249-03 RESOLVED, that having considered a letter from Jeff Modica, 20005 Angling, Livonia, Michigan 48152, received in the Office of the City Clerk on May 13, 2003, requesting elimination of the sidewalk requirement in front of the new residence located at 20005 Angling, and having considered a communication from the City Engineer, dated June 4, 2003, approved for submission by the Mayor Pro Tem, recommending the waiver of the sidewalk requirement, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area A Construction Progress Report, submitted by Michael J Genrich, Senior Project Manager, Skanska USA Building Inc., received May 12, 2003, re the Livonia 34094 Regular Meeting of June 11, 2003 Community Recreation Center, was received and placed on file for the information of the Council CR 250-03 RESOLVED, the Council does hereby refer the subject of the number of memberships purchased for the Livonia Community Recreation Center to the Capital Improvement Committee for tracking purposes A communication from the Office of the Mayor, dated May 9, 2003, - Administrative Reply — re suggestions for the location and upkeep of a "Wall of Honor" to display photos of members of the Armed Forces that are relative to the City of Livonia, was received and placed on file for the information of the Council (CR 171-03) CR 251-03 RESOLVED, that having considered the report and recommendation of the Mayor, dated May 9, 2003, submitted pursuant to Council Resolution 171-03, regarding the creation of a "Wall of Honor" to display photos of men and women in the armed forces, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation CR 252-03 RESOLVED, by the City Council of the City of Livonia, that the 2003 Great Race Official Kick-off Celebration is hereby approved for Saturday, June 21, 2003, between the hours of 9 00 a m and 5 00 p m , and that the following streets be closed in connection with this event: Hubbard between Five Mile and Jamison, Jamison between Hubbard and Berwick, and Berwick between Five Mile and Jamison between the hours of 8 00 a m and 5 00 p m or until the road is returned to normal traffic operation, and the Livonia Police Department is hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution CR 253-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 30, 2002, and the report and recommendation of the Chief of Police, dated April 22, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from Champps Operating Corporation (a Minnesota Corporation) for transfer of ownership of a 2002 Class C Licensed Business with Entertainment Permit, Official Permit (Food), and Outdoor Service (1 area) from Champps Americana, Inc (a Minnesota 34095 Regular Meeting of June 11, 2003 Corporation) for a business located at 19470 Haggerty Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 254-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 2, 2002, and the report and recommendation of the Chief of Police, dated May 20, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from Buffet Group, Inc. for transfer of ownership of a 1999 Class C Licensed Business (in escrow) from James C Fahndrich Trust, Marjorie M Fahndrich, Trustee, Robert T Eberts, and to transfer location (governmental unit) MCL 436 1531 (1) from 51335 Michigan, Belleville, Michigan 48111, Van Buren Township, Wayne County for a business located at 29583 Five Mile Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 255-03 RESOLVED, that having considered a communication from the Director of Finance, dated May 22, 2003, approved for submission by the Mayor, to which is attached a proposed Domestic Relations Amendment to the Nationwide Retirement Solutions Plan Document to enable Nationwide to comply with court-ordered Domestic Relations Orders and Qualified Domestic Relations Orders, the Council does hereby approve such Amendment, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the aforementioned Amendment, and to do all things necessary or incidental to the full performance of this resolution CR 256-03 RESOLVED, THAT WHEREAS, under the provisions of Title 1 of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 2003-2004 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, the City of Livonia must submit a statement of community development objectives and projected use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws 34096 Regular Meeting of June 11, 2003 and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of, and to submit comments on, the proposed Statement of Community Development Objectives and Projected Use of Funds NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 2003-2004 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. CR 257-03 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated May 6, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Water and Sewer Board resolution WS 3471 05/03, the Council does hereby accept the low quotation of Vanguard Utility Service, Inc , 233 W 9th Street, Suite 204, Owensboro, Kentucky 42303, to test, repair and calibrate large commercial water meters at the unit prices quoted for all meter sizes requested for the period through December 31, 2003, for the estimated amount of $31,430 00, plus an additional $8,000 00 for the purchase of repair parts, FURTHER, in the event the aforesaid company is unable to perform the said service, the Council does hereby accept the second low quotation of Great Southwest Meters, Inc , P 0 Box 2555, Waxahachie, Texas 75168, as an alternate to perform this work at the unit prices quoted for all meter sizes requested for the period through December 31, 2003, for the estimated amount of $32,490 00, plus an additional $8,000 00 for the purchase of repair parts, and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140 D4 of the Livonia Code of Ordinances, as amended CR 258-03 RESOLVED, that having considered a communication from the Public Utility Manager and the Director of Public Works, dated May 15, 2003, which bears the signature of the Director of Finance and is L approved for submission by the Mayor, regarding emergency replacement of the roof at the Department of Public Works Administration Building, the Council does hereby appropriate and authorize an expenditure in the 34097 Regular Meeting of June 11, 2003 amount of $26,475 00 to be paid to Pillon Roofing Company, 5025 Center Road, Linden, Michigan 48451, from the General Fund Building Maintenance Contractual Services Account No 101-447-818-020 for this purpose for the reasons outlined in the aforesaid communication, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D1 of the Livonia Code of Ordinances, as amended CR 259-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated May 15, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 75% of the City's requirement of rock salt used for ice control from Morton Salt, Inc , 123 North Wacker Drive, Chicago, Illinois 60606, at the unit price bid of$28 65 per ton, for an estimated total amount of $118,181.25, for the period August 1, 2003 through April 1, 2004, submitted to the consortium of Farmington Hills, Southfield, the Southfield School District and various other communities, the same having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the purchase of 25% of the City's requirement of rock salt used for ice control from Detroit Salt Company, 12841 Sanders Street, Detroit, Michigan 48217, at the unit price bid of $30 48 per ton, for an estimated total amount of $41,910 00 for the period August 1, 2003 through April 1, 2004, the same having been in fact the second lowest bid received by the consortium for this item, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No 101-463-784-000 for this purpose, FURTHER, the Council does hereby waive the City's competitive bid process for the reasons outlined in the aforesaid report and recommendation and in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 260-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated May 15, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Michigan Turf, Inc , P 0 Box 158, Taylor, Michigan 48180, for completing all work required in connection with the City's 2003 Street Tree Planting Program for the estimated total cost of $79,941 00, based upon the Public Service Division's estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received which meets all specifications, FURTHER, in the 34098 Regular Meeting of June 11, 2003 event the aforesaid company is unable to supply certain species of trees, the Council does hereby accept the second low bid of Wayne Oakland Washtenaw Contracting, 5505 S Sheldon Road, Canton, Michigan 48188, as an alternate to supply those species for the City's 2003 Street Tree Planting Program, and the bid of Margolis Nursery is hereby rejected for the reasons indicated in the aforesaid report; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 261-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated May 21, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the request to place fill at the City of Livonia's Glendale property and to raise the grade to the proper elevation in connection with the relocation of the Archery Range, the Council does hereby approve the filling of the Glendale property by Hayball Transport, Inc , 12250 Farmington Road, Livonia, Michigan 48150, subject to the following conditions 1 Provide a Certificate of Insurance on all contractor operations 2 Hold harmless the City and its agents for wrongdoing occurring on the site that are the direct result of the contractor's occupancy 3 Grade and restore the site to its original condition, or better, directly upon completion of activities 4 Secure the site as directed by the Department of Public Works 5 Remove any tracked out material on Glendale Road as requested by DPW personnel 6 Keep the premises dust free in accordance with the permit issued by the Wayne County Health Department Air Pollution Control Division 7 Abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of watercourses 8 Abide by all local ordinances 9 Payment of $0.25 per cubic yard, beginning when the fill is placed in the Glendale property on site and ending upon the site restoration CR 262-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 7, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Traffic Signal Agreement between the City of Livonia and 34099 Regular Meeting of June 11, 2003 Wayne County, and having considered the necessity for the installation of left-turn phasing in all directions at the intersection of Merriman and Five Mile Roads, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby approve of the City assuming 50% of the cost of installation and does hereby appropriate and authorize the expenditure of a sum not to exceed $18,150 00 from the Michigan Transportation Fund (Major Road Account) for the City's share of this project; FURTHER, the County of Wayne will be responsible for all maintenance and energy fees for this traffic signal, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with two signed Agreements, to the Wayne County Department of Public Services, Traffic Operations CR 263-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 7, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Traffic Signal Agreement between the City of Livonia and Wayne County, and having considered the necessity for the installation of left-turn phasing in all directions at the intersection of Merriman and Six Mile Roads, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby approve of the City assuming 50% of the cost of installation and does hereby appropriate and authorize the expenditure of a sum not to exceed $21,800 00 from the Michigan Transportation Fund (Major Road Account) for the City's share of this project; FURTHER, the County of Wayne will be responsible for all maintenance and energy fees for this traffic signal, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with two signed Agreements, to the Wayne County Department of Public Services, Traffic Operations CR 264-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 1, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize an extension of the current Agreement with Imaging Subsurface, Inc , 24174 Haggerty Road, Farmington Hills, Michigan 48335, for materials testing and soils investigation on an as-needed basis in an amount not to exceed $29,000 00, for the period of April 2003 through November 30, 2003, in accordance with the fee schedule attached to the aforementioned report and recommendation, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $29,000 00 from funds already budgeted for this purpose in the Road, Sidewalk and Tree Fund, and the Director of Public Works is hereby authorized to 34100 Regular Meeting of June 11, 2003 approve minor adjustments in the work as it becomes necessary; FURTHER, the Council does hereby authorize the aforesaid action without f competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 265-03 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 2003, which transmits its resolution 05-61-2003 adopted on May 6, 2003, with regard to Petition 2003-03-GB-04, submitted by Botsford General Hospital, requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18 45 of Zoning Ordinance No 543, as amended, for property located at 28425 Eight Mile Road in the Northwest 1/4 of Section 1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-03-GB-04 is hereby approved and granted, subject to the following conditions 1 That the natural landscaped greenbelt along the southern 320 feet of the east property line, as shown on the Site Plan dated February 12, 2003, submitted by Botsford General Hospital, is hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, and 2 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission and City Council for their review and approval or immediately construct the protective wall pursuant to Section 18 45 CR 266-03 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 2003, which transmits its resolution 05-60-2003, adopted on May 6, 2003, with regard to Petition 2003-03-08-09 submitted by David J Burke, on behalf of Von Maur, Inc , requesting site plan approval in connection with a proposal to renovate the exterior of one of the units of the Laurel Park Place Shopping Center located at 37500 Six Mile Road in the Southeast 1/4 of Section 7, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-03-08-09 is hereby approved and granted, subject to the following conditions 1 That the Exterior Building Elevation Plan dated March 14, 2003, prepared by Shive-Hattery, is hereby approved and shall be adhered to, 34101 Regular Meeting of June 11, 2003 2 That the Site and Landscape Plans dated March 14, 2003, prepared by Shive-Hattery, is hereby approved and shall be adhered to, 3 That the brick and/or pavers used in the construction shall be full- face four inch (4") brick; 4 That the Sign Package submitted by Nesper Sign Advertising, as received by the Planning Commission on April 7, 2003, is hereby approved and shall be adhered to, 5 That these wall signs shall not be illuminated beyond one (1) hour after this store closes, 6 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 7 In the event the signage is not considered replacement signs by the Inspection Department, this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 8 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 267-03 WHEREAS, the City of Livonia has received a request from Comerica Incorporated, dated May 19, 2003, proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 22 303 acres lying in the Southwest 1/4 of Section 7 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 89", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 89 34102 Regular Meeting of June 11, 2003 2 This City Council sets Monday, July 14, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above CR 268-03 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, September 17, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 2003-02-01-10, submitted by Larry DeFiore, on behalf of Spalding Properties, LLC, for a change of zoning of property located on the south side of Plymouth Road between Newburgh Road and Roselinda Road in the Southeast 1/4 of Section 30 from RUF to R-8 and R-1, the City Planning Commission in its resolution 05-63-2003 having recommended to the City Council that Petition 2003-02-01-10 as amended so as to rezone this property to R-1 only, be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment(s) to the Zoning Ordinance, and/or (b) location of the proposed change(s) of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson 34103 Regular Meeting of June 11, 2003 NAYS None A communication from the Department of Law, dated May 13, 2003, re opinion that a commission consisting of City officials, civic leaders and business leaders to review the City's Public Hearing process in zoning matters, not be established, and that Council should begin making these reforms, was received and placed on file for the information of the Council (CR 439-00) A communication from the Department of Law, dated July 5, 2000, re the allocation of responsibilities among the City Council, Planning Commission, Zoning Board of Appeals and the Administration relative to land use planning, was received and placed on file for the information of the Council (CR 438-00) On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 269-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 19, 2003, submitted in connection with Council Resolution 440-00, with regard to the review of the City's public hearing process and procedures relating to application of the Zoning Ordinance, variances, site plan petitions and similar matters, the Council does hereby refer the question of what other communities are doing with regard to the public hearing process and timeline to the Administration for a report and recommendation On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 270-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 19, 2003, submitted in connection with Council Resolution 440-00, with regard to the review of the City's public hearing process and procedures relating to application of the Zoning Ordinance, variances, site plan petitions and similar matters, the Council does hereby refer the subject of the opportunity to tie Council and Planning Commission agendas to City map to provide interactive information to the Information Systems Department for a report and recommendation 34104 Regular Meeting of June 11, 2003 it was. On a motion by Brosnan, seconded by Knapp, and unanimously adopted, CR 271-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 19, 2003, submitted in connection with Council Resolution 440-00, with regard to the review of the City's public hearing process and procedures relating to application of the Zoning Ordinance, variances, site plan petitions and similar matters, the Council does hereby refer the subject of whether Council public hearings are required by State law to the Department of Law for its report and recommendation On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was CR 272-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 19, 2003, submitted in connection with Council Resolution 557-02, with regard to proposed amendments to the Zoning Ordinance to streamline the zoning decision making process, the Council does hereby determine to take no further action with regard to this matter Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2002-11-01-16) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting A communication from the Planning Commission, dated May 12, 2003, re a valid protest being in effect relative to the rezoning of property on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive from RUFC to R-3, 34105 Regular Meeting of June 11, 2003 submitted by Leo Soave, was received and placed on file for the information of the Council (Petition 2003-01-01-02) Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2003-01-01-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting A communication from the Planning Commission, dated May 12, 2003, re a valid protest being in effect relative to the rezoning of property on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive from RUFC to R-3, submitted by Leo Soave, was received and placed on file for the information of the Council (Petition 2003-01-01-03) Councilmember Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2003-01-01-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting trip 34106 Regular Meeting of June 11, 2003 Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 34107 Regular Meeting of June 11, 2003 A roll call vote was taken on the foregoing Ordinance with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 7 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2002-10-01-13) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Department of Law, dated May 20, 2003, re proposed ballot language and timeline necessary to place limited term millage for public safety millage on September 9, 2003 election ballot, was received and placed on file for the information of the Council A communication from the Mayor, dated May 29, 2003, re a request to place a public safety millage on the City's Primary Election Ballot (September 9, 2003), was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Taylor, it was 34108 Regular Meeting of June 11, 2003 CR 273-03 WHEREAS, the Council of the City of Livonia has determined that there is an immediate and present need to add additional police and fire personnel and equipment to maintain a high level of public safety in the City, and WHEREAS, the City cannot fund the additional police and fire personnel and equipment needs without additional revenues, and WHEREAS, the Council of the City of Livonia has determined that in order to raise revenues to fund additional police and fire personnel and equipment, it is necessary to levy and collect a tax of 0 50 of 1 mill for a limited term of ten years on all real and personal property subject to taxation in the City of Livonia, in addition to amounts previously authorized, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed section shall read as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in 34109 Regular Meeting of June 11, 2003 the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1,1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999 in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002 in an amount not to exceed eighty- nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1 , 2003 in an amount not to exceed fifty one-thousandths (50/1000) of one (1) per centum of the taxable value of all real and personal property subiect to taxation in the City for the sole purpose of providing revenues for additional police and fire personnel and equipment. RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues 34110 Regular Meeting of June 11, 2003 for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1,1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999 in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002 in an amount not to exceed eighty- nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment authorizing the city to levy and collect annually commencing December 1, 2003, an additional tax not exceeding 0 50 of 1 mill providing revenues for additional police and fire personnel and equipment. RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for 34111 Regular Meeting of June 11, 2003 her approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at a Special City Election to be held on September 9, 2003, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that Tuesday, September 9, 2003 is hereby designated as the date for holding a Special Election on the proposed Charter amendment and question RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: Shall the City Charter be amended for authority to levy and collect annually for ten years commencing December 1, 2003, an additional tax not exceeding 0 50 of 1 mill providing revenues for additional police and fire personnel and equipment? Estimated revenue from 0 50 of 1 mill would be approximately $2,239,644 when first levied in 2003 Yes / / No / / RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Special City Election to be held on September 9, 2003 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law A roll call vote was taken on the foregoing resolution with the following result: 34112 Regular Meeting of June 11, 2003 AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson NAYS None The President declared the resolution duly adopted On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was CR 274-03 RESOLVED, that having considered a communication from the City Planning Commission, dated March 13, 2003, which sets forth its resolution 03-33-2003 adopted on March 11, 2003, with regard to Petition 2003-01-01-04, submitted by Pastor Mark Freer, on behalf of Open Door Christian Church, for a change of zoning of property located at 16751 Middlebelt Road, on the west side of Middlebelt Road between Munger Avenue and Six Mile Road, in the Northeast 1/4 of Section 14, from OS to RUF, and the Council having conducted a public hearing with regard to this matter on May 28, 2003, pursuant to Council Resolution 159-03, as amended and revised by CR 242-03, the Council does hereby approve Petition 2003-01-01-04 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was CR 275-03 RESOLVED, that having considered a communication from the City Planning Commission, dated March 13, 2003, which sets forth its resolution 03-35-2003 adopted on March 11, 2003, with regard to Petition 2003-02-01-07, submitted by Leo Soave, for a change of zoning of property located at 32415 and 32421 Seven Mile Road, on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive, in the Northwest 1/4 of Section 10, from RUFC to R-3, and the Council having conducted a public hearing with regard to this matter on May 28, 2003, pursuant to Council Resolution 159-03, as amended and revised by CR 242-03, the Council does hereby approve Petition 2003-02-01-07 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish 34113 Regular Meeting of June 11, 2003 the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A communication from the Department of Law, dated June 10, 2003, re history of new care deliveries to automobile dealerships on Plymouth Road, relative to rezoning of property on the south side of Plymouth Road between Laurel Avenue and Wayne Road from C-1 to C-2, submitted by Alan Tanski on behalf of New Car Alternative, Inc., was received and placed on file for the information of the Council (Petition 2003-02-01-08) On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 276-03 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 2003, which sets forth its Li resolution 03-36-2003 adopted on March 11, 2003, with regard to Petition 2003-02-01-08, submitted by Alan Tanski, on behalf of New Car Alternative, Inc., for a change of zoning of property located on the south side of Plymouth Road between Laurel Avenue and Wayne Road, in the Northwest 1/4 of Section 33, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on May 28, 2003, pursuant to Council Resolution 159-03, as amended and revised by CR 242-03, the Council does hereby approve Petition 2003-02-01-08 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was. CR 277-03 RESOLVED, that in connection with Petition 2003-02-01-08, the Council does hereby refer the subject of trucks parking on Laurel Avenue to the Traffic Commission for its report and recommendation On a motion by Dolan, seconded by Brosnan, and unanimously adopted, it 34114 Regular Meeting of June 11, 2003 was CR 278-03 RESOLVED, that having considered a communication from the City Librarian, dated May 21, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the amount of $980 00 from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the amount of $905 00 is to be deposited in and credited to Account No 702-000-285-271 and the amount of$75 00 is to be deposited in and credited to Account No 702-000-285-272 for the purposes as designated by the donors On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 279-03 RESOLVED, that having considered a communication from the Director of Finance, dated May 15, 2003, and approved for submission by the Mayor, the Council does hereby determine to conduct a public hearing on Monday, October 6, 2003, at TOO p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 1 The proposed annual budget for the City of Livonia for the fiscal year ending November 30, 2004, and 2 The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing, and the City Clerk shall give adequate public notice of said public hearing in accordance with provisions of law and City Charter On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 280-03 RESOLVED, that having considered a communication from the Director of Finance, dated May 15, 2003, and approved for submission by the Mayor, the Council does hereby refer the subject of the annual budget for the fiscal year ending November 30, 2004, to the Finance, Insurance and Budget Committee for its report and recommendation During the audience communication portion of the agenda, Councilmember Dolan spoke about the Fire Department's "Passport to Safety" Program that will be held on June 13, 2003 at Fire Station #3 34115 Regular Meeting of June 11, 2003 Councilmember Knapp sent "Happy Father's Day" wishes to his dad, the "original Don Knapp" Council President Engebretson spoke about the "Great Race" to be held on June 21, the grand opening of the Livonia Community Center on June 14, and the Greenmead Garden Walk on June 28 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, this 1,490th Regular Meeting of the Council of the City of Livonia was adjourned at 8 39 p m , June 11, 2003 J an McCotter, City Clerk