HomeMy WebLinkAboutCOUNCIL MINUTES 2002-10-23 33774
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-FIFTH
REGULAR MEETING OF OCTOBER 23, 2002
On October 23, 2002, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Taylor delivered the invocation
Roll was called with the following result: Gerald Taylor, Joe Laura,
Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan and Jack
Engebretson
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Linda
McCann, Director of Community Resources, Dave Woodcox, Director of Building
Inspection, Robert Beckley, Director of Public Works, Michael Slater, Director of
Finance, Ron Reinke, Superintendent of Parks and Recreation, Barbara Lewis, City
Librarian and Ian Wilshaw, Traffic Commission
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
it was
CR 542-02 RESOLVED, that the minutes of the 1,474th Regular Meeting
of the Council held October 9, 2002 are hereby approved as submitted
During the audience communication portion of the agenda, Kathy Rippe,
29814 Buckingham, 48154, voiced her opinion that she would like to see admission and
parking fees charged at the Greenmead Arts and Crafts Festival that is held annually,
thereby channeling more funds into the City
George Boller, 36270 Hammer Lane, 48152, inquired as to when he could
expect a response from Council about concerns that he voiced relating to the City's
financial difficulty that was reported in the Mayor's message in the Fall City Newsletter
He also questioned whose responsibility it is for the City's budget projections, and feels
it is imperative that the City conserve and economize
Regular Meeting of October 23, 2002 33775
Mayor Kirksey announced that the leaf pick-up program has been
postponed because the leaf fall-out is later than usual, but the project will resume again
on November 5
Council President Engebretson wished his wife, Senie, a "Happy
Anniversary" They will be celebrating 45 years of marriage on Saturday, October 26
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 543-02 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit moving Items #14 and #15 from the Consent Agenda to the
Regular Agenda
A communication from Butzel Long, attorneys for S & N Development
Company, dated October 4, 2002, re an amended Consent Judgment and revised Site
Plan for Oakwood Healthcare System Property located at Victor Parkway and Seven
Mile Road, was received and placed on file for the information of the Council (Agenda
Item #5)
A communication from the Department of Public Safety, Division of Police,
dated October 22, 2002, re agencies that use the CLEMIS system for communication
and sharing of criminal justice information, was received and placed on file for the
information of the Council (Agenda Item #7)
A communication from the Office of the Council, dated October 15, 2002,
re revised proposed 2003 City Council Meeting Schedule, was received and placed on
file for the information of the Council (Agenda Item # 17)
On a motion by Brosnan, seconded by Taylor, it was
CR 544-02 RESOLVED, that having considered a letter from Elizabeth
Juntunen, Member of The Determined Renaissance of the American
Singer (a canary bred for its song) through Growth and Organization of the
Novice (D R.A.G 0 N ), Chapter 22 of the American Singers Club, Inc.,
Regular Meeting of October 23, 2002 33776
dated September 30, 2002, requesting permission to display 2' x 18" signs
advertising their 21st annual show at the Holy Cross Lutheran Church to
be conducted on Saturday, November 9, 2002, which signs would be
installed on Friday, November 8, 2002, and removed at the conclusion of
the show on November 9, 2002, at various locations in the City, the
Council does hereby approve and grant this request in the manner and
form herein submitted
CR 545-02 RESOLVED, that having considered a letter from Mary
Fletcher, Lay Ministry Coordinator of Newburg United Methodist Church,
received in the Office of the City Clerk on October 3, 2002, which requests
permission to display approximately 20 signs announcing a Family Health
Fair to be conducted at Newburg United Methodist Church on Saturday,
November 23, 2002, 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
Saturday, November 16, 2002, and removed no later than Sunday,
November 24, 2002, the Council does hereby grant and approve this
request in the manner and form herein submitted
CR 546-02 RESOLVED, that having considered the letter from Claudia
Winter, 17255 Carol, Livonia, Michigan 48152, dated March 25, 2002,
submitting a petition from residents and homeowners on Carol Street and
Six Mile Road requesting the paving of Carol Street from Six Mile Road
north to the dead-end of Harrison Street, the Council does hereby refer
this item to the Engineering Department for its report and
recommendation
CR 547-02 WHEREAS, Act 34, Public Acts of Michigan, 2001, as
amended ("Act 34"), authorizes the City to refund all or part of its
outstanding indebtedness, and
WHEREAS, THE city has previously issued various series of general
obligation unlimited tax bonds, portions of which are still outstanding, and
WHEREAS, in order to achieve savings on its debt service payments for
such outstanding bonds, the City Council tentatively determines that it is in
the best interest of the City to refund all or a portion of (a) its 1991 General
Obligation Unlimited Tax Bonds, maturing in the years 2004 to 2006,
inclusive, in the principal amount of $1,250,000, and (b) its 1992 General
Obligation Unlimited Tax Bonds, maturing in the years 2004 to 2007,
inclusive, in he principal amount of $1,050,000 (together, the "Prior
Bonds"), and
WHEREAS, the cost of refunding the Prior Bonds is estimated to be not in
excess of Two Million Five Hundred Thousand Dollars ($2,500,000), and
Regular Meeting of October 23, 2002 33777
WHEREAS, to finance the cost of refunding the Prior Bonds, the City
Council deems it necessary to borrow the principal sum of not to exceed
Two Million Five Hundred Thousand Dollars ($2,500,000) and issue bonds
therefore (the "Bonds), and
WHEREAS, the City has received a proposal from Robert W Baird & Co
and Fahnestock & Co Inc. (collectively, the "Underwriter") to purchase the
Bonds pursuant to a negotiated sale
NOW, THEREFORE, BE IT RESOLVED THAT
1 Bonds of the Issuer designated 2002 General Obligation Unlimited Tax
Refunding Bonds (the "Bonds") are authorized to be issued in the aggregate principal
sum of not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000) for the
purpose of paying the costs of refunding the Prior Bonds, including the costs incidental
to the issuance, sale and delivery of the Bonds The issue shall consist of bonds in
fully-registered form of the denomination of $5,000, or multiples thereof not exceeding
for each maturity the maximum principal amount of that maturity, numbered
consecutively in order of registration from 1 upwards The Bonds will be dated as of
December 1, 2002 (or such other date as determined at the time of sale thereof) and be
payable on March 1 in the years 2004 to 2007, inclusive (or such other dates or years
as determined at the time of sale), in the annual amounts determined at the time of sale
The Bonds shall bear interest at a rate or rates to be determined at the time of sale
thereof, but in any event not to exceed six percent (6%) per annum, payable on March
1, 2003 (or such other date as determined at the time of sale thereof), and semiannually
thereafter, by check or draft mailed by the Transfer Agent (as hereinafter defined) to the
registered owner of record as of the 15th day of the month prior to the payment date for
each interest payment. The record date of determination of registered owner for
purposes of payment of interest as provided in this paragraph may be changed by the
Issuer to conform to market practice in the future
Bonds of this issue shall not be subject to redemption prior to maturity
2 The Bonds of this issue shall be executed in the name of the Issuer with the
facsimile signatures of the Mayor, Clerk, and Treasurer of the Issuer and shall have the
seal of the Issuer, or a facsimile thereof, printed or impressed on the Bonds. No Bond
shall be valid until authenticated by an authorized officer or representative of the
Transfer Agent. The principal of the Bonds shall be payable at the designated office of
Bank One Trust Company, National Association, Detroit, Michigan, which is hereby
designated as transfer agent for the Bonds (the "Transfer Agent")
The Bonds may be issued in book-entry-only form through the Depository Trust
Company in New York, New York ("DTC") and any officer of the Issuer is authorized to
execute such custodial or other agreement with DTC as may be necessary to
accomplish the issuance of the Bonds in book-entry-only form and to make such
Regular Meeting of October 23, 2002 33778
changes in the Bond form within the parameters of this Resolution as may be required
to accomplish the foregoing
3 The Transfer Agent shall keep the books of registration for this issue on behalf of
the Issuer Any Bond may be transferred upon such registration books by the
registered owner of record, in person or by the registered owner's duly authorized
attorney, upon surrender of the Bond for cancellation, accompanied by delivery of a duly
executed written instrument of transfer in a form approved by the Transfer Agent.
Whenever any Bond or Bonds shall be surrendered for transfer, the Issuer shall execute
and the Transfer Agent shall authenticate and deliver a new Bond or Bonds, for like
aggregate principal amount. The Transfer Agent shall require the payment by the
bondholder requesting the transfer of any tax or other governmental charge required to
be paid with respect to the transfer
4 The Treasurer is hereby authorized to open a separate depositary account with a
bank or trust company designated 2002 GENERAL OBLIGATION UNLIMITED TAX
REFUNDING BONDS DEBT RETIREMENT FUND (the "Debt Retirement Fund"), the
moneys to be deposited into the Debt Retirement Fund to be specifically earmarked and
used solely for the purpose of paying principal of and interest on the Bonds as they
mature All proceeds from taxes levied for the Debt Retirement Fund shall be deposited
into the Debt Retirement Fund as collected Commencing with the year 2003, there
shall be levied upon the tax rolls of the Issuer for the purpose of the Debt Retirement
Fund each year, in the manner required by the provisions of Act 34, Public Acts of
Michigan, 2001, as amended, an amount sufficient so that the estimated collection
therefrom will be sufficient to promptly pay, when due, the principal of and interest on
the Bonds becoming due prior to the next annual tax levy; provided, however, that if at
the time of making any such annual tax levy there shall be surplus moneys on hand in
the Debt Retirement Fund for the payment of principal of and interest on the Bonds,
then credit therefor may be taken against such annual levy for the Debt Retirement
Fund
5 The proceeds of the Bonds shall be used to pay the costs of issuance of the
Bonds and to secure payment of the Prior Bonds as provided in this paragraph Upon
receipt of the proceeds of sale of the Bonds, the accrued interest and premium, if any,
shall be deposited in the Debt Retirement Fund for the Bonds From the proceeds of
the Bonds there shall next be set aside a sum sufficient to pay the costs of issuance of
the Bonds in a fund designated 2002 GENERAL OBLIGATION UNLIMITED TAX
REFUNDING BONDS ISSUANCE FUND (the "Issuance Fund") Moneys in the
Issuance Fund shall be used solely to pay expenses of issuance of the Bonds Any
amounts remaining in the Issuance Fund after payment of issuance expenses shall be
transferred to the Debt Retirement Fund for the Bonds
The balance of the proceeds of the Bonds together with any moneys transferred by
the City at the time of sale of the Bonds from the debt retirement funds for the Prior
Bonds and any other available funds of the City, shall be held as cash or invested in
direct obligations of or obligations the principal of and interest on which are
Regular Meeting of October 23, 2002 33779
unconditionally guaranteed by the United States of America or other obligations the
principal of and interest on which are fully secured by the foregoing (the "Escrow
Fund") and used to pay principal, interest and redemption premiums on the Prior
Bonds The Escrow Fund shall be held by Bank One Trust Company, National
Association, Detroit, Michigan, who is hereby appointed to at as escrow agent (the
"Escrow Agent") pursuant to an escrow agreement (the "Escrow Agreement") which
shall irrevocably direct the Escrow Agent to take all necessary steps to call for
redemption any Prior Bonds specified by the City upon sale of the Bonds, including
publication and mailing of redemption notices, on any call date, as specified by the
City The investments held in the Escrow Fund shall be such that the principal and
interest payments received thereon will be sufficient, without reinvestment, to pay the
principal, interest and redemption premiums on the Prior Bonds as they become due
pursuant to maturity or the call for redemption required by this paragraph Following
establishment of the Escrow Fund, any amounts remaining in the debt retirement
funds for the Prior Bonds shall be transferred to the Debt Retirement Fund for the
Bonds
6 The Bonds shall be in substantially the following form
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
2002 GENERAL OBLIGATION UNLIMITED TAX REFUNDING BOND
Date of
Interest Rate Maturity Date Original Issue CUSIP
Registered Owner March 1, December , 2002
Principal Amount: Dollars
The City of Livonia, County of Wayne, State of Michigan (the "Issuer"),
acknowledges itself to owe and for value received hereby promises to pay to the
Registered Owner specified above, or registered assigns, the Principal Amount
specified above, in lawful money of the United States of America, with interest thereon
until paid from the Date of Original Issue specified above or such later date to which
interest has been paid, at the Interest Rate per annum specified above, first payable on
March 1, 2003 and semiannually thereafter Principal of this bond is payable at the
corporate trust office of Bank One Trust Company, National Association, Detroit,
Michigan, or such other transfer agent as the Issuer may hereafter designate by notice
mailed to the registered owner not less than sixty (60) days prior to any interest
payment date (the "Transfer Agent") Interest on this bond is payable to the registered
owner of record as of the 15th day of the month preceding the interest payment date as
shown on the registration books of the Issuer kept by the Transfer Agent by check or
draft mailed by the Transfer Agent to the registered owner of record at the registered
Regular Meeting of October 23, 2002 33780
address For prompt payment of this bond, both principal and interest, the full faith,
credit and resources of the Issuer are hereby irrevocably pledged
This bond is one of a series of bonds aggregating the principal sum of
$ , issued for the purpose of defraying the costs of refunding the
City's outstanding 1991 General Obligation Unlimited Tax Bonds and its 1992 General
Obligation Unlimited Tax Bonds, in accordance with resolutions duly adopted by the City
Council of said City on October 23, 2002 and November 20, 2002
This bond is transferable only upon the registration books of the Issuer kept by
the Transfer Agent by the registered owner of record in person, or by the registered
owner's attorney duly authorized in writing, upon the surrender of this bond together
with a written instrument of transfer satisfactory to the Transfer Agent duly executed by
the registered owner or the registered owner's attorney duly authorized in writing, and
thereupon a new registered bond or bonds in the same aggregate principal amount and
of the same maturity shall be issued to the transferee in exchange therefor as provided
in the resolution authorizing this bond and upon the payment of the charges, if any,
therein prescribed
This bond is payable out of the Issuer's Debt Retirement Fund for this issue and
in order to make such payment, the Issuer is required each year to levy taxes on all
taxable property within the boundaries of the Issuer for such payment without limitation
as to rate or amount. It is hereby certified and recited that all acts, conditions and things
required by law to be done, precedent to and in the issuance of this bond and the series
of bonds of which this is one, exist and have been done and performed in regular and
due form and time as required by law, and that the total indebtedness of the Issuer,
including this bond, does not exceed any constitutional, statutory or charter debt
limitation
This bond is not valid or obligatory for any purpose until the Transfer Agent's
Certificate of Authentication on this bond has been executed by the Transfer Agent.
IN WITNESS WHEREOF, the Issuer, by its City Council, has caused this bond to
be signed in the name of the Issuer by the facsimile signatures of its Mayor, Clerk, and
Treasurer and a facsimile of its corporate seal to be printed hereon, all as of the Date of
Original Issue
CITY OF LIVONIA
County of Wayne
State of Michigan
By.
Its Mayor
(Seal)
Regular Meeting of October 23, 2002 33781
Countersigned
By.
Its City Clerk
And
By
Its. Treasurer
(Form of Transfer Agent's Certificate of Authentication)
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned resolution
Bank One Trust Company, National Association
Detroit, Michigan
Transfer Agent
By
Authorized
DATE OF REGISTRATION
(Bond printer to insert form of assignment)
7 The City shall, to the extent permitted by law, take all actions within its control
necessary to maintain the exemption of the interest on the Bonds from general federal
income taxation (as opposed to any alternative minimum or other indirect taxation)
under the Internal Revenue Code of 1986, as amended (the "Code"), including, but not
limited to, actions relating to any required rebate of arbitrage earnings and the
expenditure and investment of Bond proceeds and moneys deemed to be Bond
proceeds The City hereby declares the Bonds to be "qualified tax exempt obligations"
for purposes of deduction of interest expense by financial institutions pursuant to the
Code
8 The Issuer agrees to enter into an undertaking for the benefit of the holders and
beneficial owners of the Bonds pursuant to Rule 15c2-12 of the U S Securities and
Regular Meeting of October 23, 2002 33782
Exchange Commission and the Finance Director is hereby authorized to execute such
undertaking prior to delivery of the Bonds
9 The City Council has considered the option of selling the Bonds through a
competitive sale and a negotiated sale and, pursuant to the requirements of Act 34,
Public Acts of Michigan, 2001, as amended, determines that a negotiated sale of the
Bonds will result in the most efficient and expeditious means of selling the Bonds and
will result in the lowest interest cost to the City
10 The Mayor, Clerk, Finance Director, and Treasurer are each authorized to
negotiate the sale of the Bonds, within the parameters established by this Resolution,
with Robert W Baird & Co and Fahnestock & Co Inc., which are hereby appointed to
act as senior managing underwriters for the Bonds (collectively, the "Underwriter"),
pursuant to a Bond Purchase Agreement. The Mayor, Clerk, Finance Director, and
Treasurer are each authorized to do all other acts and take all other necessary
procedures required to effectuate the sale, issuance, and delivery of the Bonds
11 The Mayor, Clerk, Finance Director, and Treasurer are each hereby authorized
and directed to cause the preparation and circulation of a preliminary and final Official
Statement with respect to the Bonds, to procure a policy of municipal bond insurance
with respect to the Bonds or cause the qualification of the Bonds therefor if, upon the
advice of the financial advisor to the City, the acquisition of such insurance would be
of economic benefit to the City; to obtain ratings on the Bonds, and to take all other
actions necessary or advisable, and make such other filings with the Michigan
Department of Treasury or with other parties, to enable the sale and delivery of the
Bonds as contemplated herein
12 All resolutions and parts of resolutions insofar as they conflict with the provisions
of this resolution be and the same hereby are rescinded
CR 548-02 RESOLVE D, that having considered a letter from Allan
Nachman, Butzel Long, on behalf of S & N Development Company, LLC,
dated October 4, 2002, requesting to amend the Consent Judgment
previously entered in connection with Oakwood Healthcare System, et al v
City of Livonia, Wayne County Circuit Court Case No 97-704696 NZ, the
Council does hereby refer this item to the Committee of the Whole for its
report and recommendation
A communication from the Office of the Mayor, dated October 4, 2002, -
Administrative Response — re a report from the Division of Police relative to speed on
Merriman Road between Five Mile and Seven Mile Roads, was received and placed on
file for the information of the Council (CR 428-02)
Regular Meeting of October 23, 2002 33783
CR 549-02 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated September 27, 2002, which
bears the signature of the Director of Finance, is approved by the City
Attorney and is approved for submission by the Mayor, to which is
attached a proposed agreement between Oakland County and the City of
Livonia, wherein Oakland County Information Technology (CLEMIS) would
provide support and maintenance of the Police Department's Live Scan
equipment for a one year period for the 1133H unit from the date of
adoption of this resolution, and from December 16, 2002 until December
15, 2003 for the 1133S unit, for the total cost of$9,800 00, the same to be
expended from funds already budgeted in Account 101-306-851-000 for
this purpose, each unit having a separate agreement as required by
CLEMIS, and the same having been the lowest quote received for
maintenance service for these units, the Council does hereby approve the
two Maintenance Agreements and authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to affix their signatures to such
Service Agreement, as well as to do all other things necessary or
incidental to the full performance of this resolution
CR 550-02 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
September 24, 2002, which bears the signature of the Director of Finance,
is approved by the City Attorney and is approved for submission by the
Mayor, to which is attached a proposed Fiscal Year 2003 Municipal Credit
and Community Credit Contract between the City of Livonia and SMART,
the Council does hereby authorize the Mayor and City Clerk to execute
the Municipal Credit and Community Credit Contract for and on behalf of
the City of Livonia for fiscal year 2003 and to do all other things necessary
or incidental to the full performance of this resolution
CR 551-02 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated October
3, 2002, which bears the signature of the Director of Finance, is approved
by the City Attorney and is approved for submission by the Mayor, to
which is attached a proposed Amendatory Agreement to the Specialized
Services Operating Assistance Program Third-Party Contract to provide
lift-equipped transportation to senior and disabled residents for Fiscal Year
2002, the Council does hereby authorize an increase in funding to
$17,112 00 to be used for the Livonia Community Transit Program,
FURTHER, the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute the said Agreement
with SMART, provided that the Agreement is approved as to form by the
Department of Law, and to do all other things necessary or incidental to
the full performance of this resolution
Regular Meeting of October 23, 2002 33784
CR 552-02 RESOLVED, that having considered a communication from
the Director of Community Resources and the Chairperson of the
Historical Commission, dated September 19, 2002, approved for
submission by the Mayor, to which is attached a letter from William H
Baker, on behalf of St. Andrew's Society of Detroit, requesting permission
to hold the 154th, 155th and 156th Annual Highland Games at
Greenmead, with the 154th event to be held on Saturday, August 2, 2003,
the Council does hereby grant permission as requested, the action taken
herein being subject to the following conditions
1 That the St. Andrew's Society of Detroit and all equipment
operators shall provide the City of Livonia with appropriate
insurance policies naming the City of Livonia as additional insured
with liability coverage of $1 million, and all certificates of insurance
shall be submitted to the Department of Law for approval by the
City prior to each event;
2 That the St. Andrew's Society of Detroit and any vendors involved
in the sale of beer or wine on Greenmead property shall provide the
City of Livonia with an insurance policy naming the City of Livonia
as additional insured with liquor liability coverage in the amount of
$1 million, such certificate to be submitted to the Department of
Law for approval by the City prior to each event;
3 That the St. Andrew's Society of Detroit shall execute a hold
harmless agreement in favor of the City of Livonia in a manner and
form acceptable to the Department of Law;
4 That all vendors must obtain transient merchant licenses from the
City of Livonia prior to the event, and all necessary licenses and
permits from state and county agencies prior to each event;
5 That the St. Andrew's Society of Detroit shall pay the police fee as
stated on the City of Livonia Fees/Waivers IV Category Grid as
established in Council Resolution 371-93, adopted on May 5, 1993,
FURTHER, the Council does hereby approve the proposed flat rate fee of
$6,800 00 (to be renegotiated in 2004 and 2005) as set forth in the
attachment to the aforementioned correspondence from the St. Andrew's
Society of Detroit for use of the property; in addition to this flat fee, the
following additional payment will be paid to the City by the year end
according to the profits derived from the Games
0-$25,000 00 (zero)
$25,001 - 30,000 $250 00
$30,001 - 35,000 $500 00
Regular Meeting of October 23, 2002 33785
$35,001 - 40,000
$40,001 - 45,000 $1,000 00
(etc.) $750 00
and with the further understanding that the Historical Commission will be
receiving $1 00 from the proceeds of each advance ticket sold and $2 00
from the proceeds of each advance Patron ticket sold and additional
revenues from the operation of its food booths and gift shop
CR 553-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 17, 2002, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, submitted in
connection with Council Resolution 400-02, regarding a water drainage
problem at 29070 Sunnydale, the Council does hereby refer this item to
the Water, Sewer and Waste Committee for its report and
recommendation
CR 554-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 27, 2002, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby approve the payment of $19,355.20 to Richco Construction, Inc ,
4706 Kingston Street, Dearborn Heights, Michigan 48125, which
represents final costs for completing the emergency repair of the sewer on
Merriman Road, south of 1-96, FURTHER, the Council does hereby
appropriate and authorize the expenditure of the sum of $19,355.20 from
Account No 592-158-000 (Construction in Progress) with reimbursement
from the proceeds of the 2000 Water and Sewer Revenue Bond for this
purpose, FURTHER, the Council does hereby authorize this work without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3 04 140D 1 of the Livonia Code of Ordinances, as amended
CR 555-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 26, 2002, which
transmits its resolution 09-118-2002 adopted on September 24, 2002, with
regard to Petition 2002-04-03-04, submitted by Western Waterproofing
Company, requesting the vacating of a thirty-three (33) foot wide
easement retained over a portion of vacated Schoolcraft Road right-of-
way located east of Eckles Road in the Southwest 1/4 of Section 19, the
Council does hereby concur in the recommendation of the City Planning
Commission and does grant and approve the said Petition 2002-04-03-04,
and the Department of Law is hereby requested to prepare the necessary
vacating ordinance in accordance with this resolution
Regular Meeting of October 23, 2002 33786
CR 556-02 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 30, 2002,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, with respect to proposed amendments to
Sections 18 46 (Division or Partitioning of Lots), 18 47 (Special Area
Development Control), 18 58 (Site Plan Approval), 18 62 (Site
Condominium, Approval of City Council Required), 19 06 (General Waiver
Requirements and General Standards), and 20 05 (Conditions Upon
which Waiver is Granted) of Zoning Ordinance 543, as amended, so as to
streamline the zoning decision-making process, the Council does hereby
refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City ordinance
CR 557-02 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 30, 2002,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, with respect to proposed amendments to
Sections 18 46 (Division or Partitioning of Lots), 18 47 (Special Area
Development Control), 18 58 (Site Plan Approval), 18 62 (Site
Condominium, Approval of City Council Required), 19 06 (General Waiver
Requirements and General Standards), and 20 05 (Conditions Upon
which Waiver is Granted) of Zoning Ordinance 543, as amended, so as to
streamline the zoning decision-making process, the Council does hereby
refer this item to the Legislative Committee for its report and
recommendation
CR 558-02 RESOLVED, that the Council does hereby refer the subject
of possibly eliminating use variances from consideration by the Zoning
Board of Appeals to the Legislative Committee for its report and
recommendation
CR 559-02 RESOLVED, that having considered a communication from
the Council President, dated October 1, 2002, to which is attached a
proposed schedule of Council Study and Regular Meetings for the period
January 1, 2003, through December 31, 2003, the Council does hereby
approve the following dates for City Council Meetings for 2003, subject to
change with notice
Study Meetings Regular Meetings
JANUARY
Monday, January 6 Wednesday, January 15
Wednesday, January 22 Wednesday, January 29
Monday, February 3 FEBRUARY
Wednesday, February 12
Regular Meeting of October 23, 2002 33787
Wednesday, February 19 Wednesday, February 26
MARCH
Monday, March 3 Wednesday, March 12
Wednesday, March 19 Wednesday, March 26
APRIL
Monday, March 31 Wednesday, April 9
Monday, April 14 Wednesday, April 23
MAY
Monday, April 28 Wednesday, May 7
Monday, May 12 Wednesday, May 21
JUNE
Monday, June 2 Wednesday, June 11
Monday, June 16 Monday, June 23
JULY
Monday, June 30 Monday, July 7
Monday, July 14 Monday, July 21
AUGUST
Wednesday, July 23 Monday, August 11
Monday, August 18 Wednesday, August 27
SEPTEMBER
Wednesday, September 3 Wednesday, September 10
Monday, September 15 Wednesday, September 24
OCTOBER
Monday, September 29 Wednesday, October 8
Monday, October 13 Wednesday, October 22
NOVEMBER
Monday, October 27 Wednesday, November 5
Monday, November 10 Wednesday, November 19
DECEMBER
Monday, November 24 Wednesday, December 3
Monday, December 8 Wednesday, December 17
CR 560-02 RESOLVED, that having considered a request from
Councilmember Laura, the Council does hereby refer the subject of the
City's Sign Ordinances to the Legislative Committee for its report and
recommendation
Regular Meeting of October 23, 2002 33788
CR 561-02 RESOLVED, that having considered a request from
Councilmember Brosnan, the Council does hereby refer the possible
installation of a "No Thru For Truck Traffic" sign on Clarita, west of
Middlebelt Road, to the Traffic Commission for its report and
recommendation
CR 562-02 RESOLVED, that having considered a request from
Councilmember Brosnan, the Council does hereby refer the subject of the
Road Improvement Program to the Streets, Roads and Plats Committee
for its report and recommendation
CR 563-02 RESOLVED, that having considered a communication from
Carrie Lynch of Allied Signs, Inc , dated September 26, 2002, on behalf of
Bahama Breeze, which in accordance with the provisions of Section 19 08
of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal
from a determination made on September 24, 2002, by the City Planning
Commission in its resolution 09-123-2002 with regard to Petition 2002-08-
SN-03 submitted by Pentagon Center Condominium Association, on
behalf of Bahama Breeze, requesting approval for additional wall signage
for the restaurant located at 19600 Haggerty Road in the Southwest 1/4 of
Section 6, the Council does hereby designate Monday, November 25,
2002, at TOO p m as the date and time for conducting a Public Hearing
with regard to this matter, such hearing to be held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby
requested to do all things necessary in order to give proper notice in
writing, as well as by the publication of a notice in the City's official
newspaper of such hearing and the date and place thereof, in compliance
with the requirements set forth in Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia
CR 564-02 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 Monday,
December 2, 2002, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 2002-07-01-11, submitted by John Carney, on behalf of
Time Warner Entertainment/Advance/Newhouse L.P , for a change
of zoning of property located on the west side of Farmington Road
between Five Mile Road and Lyndon in the Northeast 1/4 of Section
21, from R-2 to OS, the City Planning Commission in its resolution
09-116-2002 having recommended to the City Council that Petition
Regular Meeting of October 23, 2002 33789
2002-07-01-11, as amended so as to rezone this property to P,
Parking, 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 to the
Zoning Ordinance, and/or (b) location of the proposed change 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
CR 565-02 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 Monday,
December 2, 2002, at TOO p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 2002-06-06-02, submitted by the City Planning
Commission, pursuant to Council Resolution 361-02, to determine
whether or not to amend Zoning Ordinance #543 to allow various
types of athletic schools and similar facilities as permitted or waiver
uses in industrial zoning districts, the City Planning Commission in
its resolution 09-121-2002 having recommended to the City Council
that Petition 2002-06-06-02, as amended, be approved so as to
amend Section 16 11 of Article VXI of the Zoning Ordinance to
allow the subject use as a waiver use in the M-1, Light
Manufacturing District, and that Section 17 02, of Article XVII, of the
Zoning Ordinance be amended to exclude the subject use as a
permitted or waiver use in the M-2, General Manufacturing District,
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 to the
Zoning Ordinance, and/or (b) location of the proposed change 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
Regular Meeting of October 23, 2002 33790
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
CR 566-02 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 Monday,
December 2, 2002, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 2002-08-06-03, submitted by the City Planning
Commission, pursuant to Council Resolution 408-02, to determine
whether or not to amend Zoning Ordinance #543 to amend Article
XI, Section 11 03 to provide for self storage facilities as waiver uses
in the C-2, General Business District, the City Planning
Commission in its resolution 09-122-2002 having recommended to
the City Council that Petition 2002-08-06-03 be denied,
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 to the
Zoning Ordinance, and/or (b) location of the proposed change 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 Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and
Engebretson
NAYS None
Councilmember Taylor gave first reading to the following
Ordinance
Regular Meeting of October 23, 2002 33791
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 2002-07-03-07)
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 Taylor 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 Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (PETITION 2002-07-03-
08)
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 Taylor 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 Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and
Engebretson
NAYS None
Regular Meeting of October 23, 2002 33792
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 567-02 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
September 24, 2002, pursuant to Council Resolution 396-02, in
connection with the annual budget for the fiscal year ending November 30,
2003, the Council does hereby refer the subject of fee increases from all
departments to the Committee of the Whole for its report and
recommendation
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 568-02 RESOLVED, that the Council hereby determines that the
annual budget for the fiscal year as submitted by the Mayor for the next
fiscal year commencing December 1, 2002, and ending November 30,
2003, as shown in the budget, submitted by the Mayor to the Council on
September 15, 2002, as amended in correspondence from the Director of
Finance, dated October 3, 2002, pursuant to Section 3, Chapter VII of the
City Charter, be and hereby is determined and adopted, and
appropriations made as provided by the City Charter; provided, however,
for the monthly reports to the Council, the amounts as shown in Sections
III and IV should be used for comparative reporting purposes, and Council
approval is required for any modification to the amounts shown in Section
I, and that all proceedings on said Budget be and hereby are approved as
being in full conformance with the City Charter, a public hearing having
been held on October 7, 2002, after proper notice being published in the
Livonia Observer and Eccentric, the official newspaper of the City, on
September 19, 2002, and provided further that the City Clerk shall publish
or cause to be published this resolution together with a summary of said
Budget as adopted herein, together with the minutes of this meeting
George Boller, 36270 Hammer Lane, 48152, wanted to have clarification
regarding the 12% increase in property values He also had questions as to why the
City pays for health insurance benefits for City employees, and stated that he believes
the employees should pay for their own health insurance
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
Regular Meeting of October 23, 2002 33793
it was
CR 569-02 RESOLVED, that pursuant to Section 5, Chapter VII and
Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council
does hereby establish a tax levy of 4 0476 mills, of the taxable valuation of
all real and personal property subject to taxation in the City of Livonia for
the next fiscal year commencing December 1, 2002, and ending
November 30, 2003, and in addition to the above amount which is
authorized to be levied for general purposes by the Charter of the City of
Livonia
(a) The Council does hereby establish a tax levy of 0 8094 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for police
protection and law enforcement personnel, equipment, supplies
and facilities of the City of Livonia, in addition to the amount
authorized to be levied for general municipal purposes,
(b) The Council does hereby establish a tax levy of 1 2143 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for fire,
police and snow removal personnel, equipment, supplies and
facilities of the City of Livonia, in addition to the amount authorized
to be levied for general municipal purposes,
(c) The Council does hereby establish a tax levy of 8094 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for library
services, supplies and facilities in the City of Livonia, in addition to
the amount authorized to be levied for general municipal purposes,
(d) The Council does hereby establish a tax levy of 0117 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year set out above,
pursuant to the provisions of Act 379 of the Public Acts of 1925, for
the purpose of advertising, exploiting and making known the
industrial and commercial advantages of the City of Livonia and to
establish projects for the purpose of encouraging immigration to,
and increasing the trade, business and industries of the City of
Regular Meeting of October 23, 2002 33794
Livonia, in addition to the amount which is authorized to be levied
for general municipal purposes,
(e) The Council does hereby establish a tax levy of 2 0784 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year set out above,
pursuant to the provisions of Act 298 of the Public Acts of 1917, for
the purpose of establishing, operating, maintaining and
administering the Municipal Garbage Collection System and/or
plant for the collection and disposal of garbage and refuse in the
City of Livonia, in addition to the amount authorized to be levied for
general municipal purposes,
(f) The Council does hereby establish a tax levy of 2816 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year set out above, for
the purpose of debt retirement on the 1990 Street Improvement
Bond, Series I, Series II, Series III and Series IV, in addition to the
amount which is authorized to be levied for general municipal
purposes,
(g) The Council does hereby establish a tax levy of 4984 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year set out above, for
the purpose of defraying City expenses and liabilities for the
collection and disposal activities required for curbside recycling and
yard waste composting programs, in addition to the amount
authorized to be levied for general municipal purposes,
(h) The Council does hereby establish a tax levy of 7861 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year set out above, for
the purpose of providing additional revenues for a community
recreation center, recreation personnel, equipment, supplies,
facilities and operations, in addition to the amount authorized to be
levied for general municipal purposes,
(i) The Council does hereby establish a tax levy of 8900 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year set out above, for
the purpose of providing revenues for repairing or replacing public
roads, sidewalks and trees in the City of Livonia, in addition to the
amount to be levied for general municipal purposes,
AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation,
City Assessor, City Treasurer and City Clerk are hereby authorized and
Regular Meeting of October 23, 2002 33795
directed to do all things necessary or incidental to the full performance of
this resolution, and the City Clerk is hereby requested to immediately
transmit copies of this resolution to each of the above offices
A communication from the Engineering Division, dated September 23,
2002, re drainage report at Melvin and Bretton, was received and placed on file for the
information of the Council (CR 434-02)
A communication from the Department of Law, dated October 21, 2002,
re its recommendation that vacating petitions for rights-of-way be denied, was received
and placed on file for the information of the Council (Petitions 2002-04-03-05 and
2002-05-03-06)
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 570-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 1, 2002,
submitted pursuant to Council Resolution 433-02, with regard to Petition
2002-03-01-02 submitted by Harvey and Shirley Prysdale for a change of
zoning of property at 29901 Bretton Road located on the south side of
Bretton Road between Middlebelt Road and Melvin Avenue in the
Southeast 1/4 of Section 2 from RUFA to R-1, and the Council having
conducted a public hearing with regard to this matter on July 15, 2002,
pursuant to Council Resolution 302-02, the Council does hereby concur in
the recommendation of the Planning Commission and Petition 2002-03-
01-02 is hereby denied for the following reasons
1 That the proposed change of zoning is inconsistent with the RUF
zoning in the area to the north and east of the subject property
along Bretton Road,
2 That the proposed change of zoning will allow for much smaller lot
sizes than are required in the RUF district, which is the prevailing
zoning classification in the area, and thus would substantially alter
the character of the area,
3 That the proposed change of zoning could result in the creation of a
lot at the intersection of Melvin Avenue and Fairfax Avenue that
would not conform to the neighborhood, and
Regular Meeting of October 23, 2002 33796
4 That the proposed change of zoning is not necessary to develop
the property with an additional home that would fully conform with
the ordinance and pattern of development in the area
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 571-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 1, 2002,
submitted pursuant to Council Resolution 433-02, in connection with
Petition 2002-03-01-02, the Council does hereby refer the subject of storm
water problems in this area to the Water, Sewer and Waste Committee for
its report and recommendation
A communication from the Department of Law, dated October 21, 2002,
re its recommendation that vacating petitions for rights-of-way be denied, was received
and placed on file for the information of the Council (Petition 2002-04-03-05)
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 572-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 1, 2002,
submitted pursuant to Council Resolution 431-02, with regard to Petition
2002-04-03-05, submitted by Donal and Claudia Stanton, requesting the
vacating of a portion of the existing right-of-way located adjacent to 19658
Melvin on the east side of Melvin Avenue between Fairfax Avenue and St.
Martins Avenue in the Southeast 1/4 of Section 2, the Council does
hereby reject the recommendation of the City Planning Commission and
deny Petition 2002-04-03-05, since the vacating of a portion of the subject
right-of-way would eliminate access to the southwest portion of the
abutting property owned by Harvey and Shirley Prysdale
A communication from the Department of Law, dated October 21, 2002,
re its recommendation that vacating petitions for rights-of-way be denied, was received
and placed on file for the information of the Council (Petition 2002-05-03-06)
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
Regular Meeting of October 23, 2002 33797
CR 573-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 1, 2002,
submitted pursuant to Council Resolution 432-02, with regard to Petition
2002-05-03-06, submitted by Donald and Susan Gunn, requesting the
vacating of a portion of the existing right-of-way located adjacent to 30010
Fairfax on the north side of Fairfax Avenue between Purlingbrook Avenue
and Melvin Avenue in the Southeast 1/4 of Section 2, the Council does
hereby reject the recommendation of the City Planning Commission and
deny Petition 2002-05-03-06, since the vacating of a portion of the subject
right-of-way would eliminate access to the southwest portion of the
abutting property owned by Harvey and Shirley Prysdale
A communication from the Department of Public Works, Engineering
Division, dated August 21, 2002, re request for additional architectural fees in the
amount of $16,165 00 for the Civic Park Senior Center renovation, was received and
placed on file for the information of the Council (CR 893-00)
On a motion by Vandersloot, seconded by Brosnan, and
unanimously adopted, it was
CR 574-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated October 8,
2002, submitted pursuant to Council Resolution 893-00, in connection with
additional architectural fees for the Civic Park Senior Center renovation,
the Council does hereby concur in the recommendation of the Director of
Public Works, City Engineer and the Director of Community Resources
and hereby approves an increase in amount of $16,150 00 for
architectural fees to be paid to Architects and Planners, Inc , 9429 South
Main Street, Plymouth, Michigan 48170, in connection with design and
contract administration for this project, the same to be expended from
funds available in the contingency allowance previously approved by City
Council
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 575-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated October 8,
2002, submitted pursuant to Council Resolution 402-96, in connection with
the furnishings and signage specifications for the Livonia Community
Regular Meeting of October 23, 2002 33798
Recreation Center, the Council does hereby approve the furniture and
colors as presented at the Committee Meeting held on October 8, 2002
On a motion by Vandersloot, seconded by Dolan, and unanimously
adopted, it was
CR 576-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated October 8,
2002, submitted pursuant to Council Resolution 402-96, in connection with
the furnishings and signage specifications for the Livonia Community
Recreation Center, the Council does hereby approve the Signage
Proposals (Boards 1-15) for the Livonia Community Recreation Center,
including some revisions to be presented before fabrication, as presented
at the Committee Meeting held on October 8, 2002
A communication from the Department of Public Works, dated October 2,
2002, re approval of extra design services provided by Neumann Smith & Associates in
the amounts of a $16,100 00 increase in base fee and $500 00 increase in reimbursable
expenses for the south parking lot addition at the Livonia Community Recreation
Center, was received and placed on file for the information of the Council
A new site plan of the Livonia Community Recreation Center, submitted by
Neumann Smith and Associates, 400 Galleria Officentre, Suite 555, Southfield,
Michigan, 488034, presented at the Capital Improvement Committee Meeting held on
October 8, 2002, was received and placed on file for the information of the Council
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was
CR 577-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated October 8,
2002, submitted pursuant to Council Resolution 402-96, in connection with
site plan revisions for the Livonia Community Recreation Center, the
Council does hereby approve the extra design services provided by
Neumann/Smith and Associates in the amount of $16,100 00 (increase in
base fee) and the increase in reimbursable expenses in the amount of
$500 00 for the south parking lot addition
Regular Meeting of October 23, 2002 33799
Drawings submitted by Nordstrom Samson Associates, 39500 High Pointe
Blvd, Suite 200, Novi, MI 48375, presented at the Capital Improvement Committee
Meeting held on October 8, 2002, re Floor Plan Sheet A-1, Elevation A-3 and Elevation
A-5 for the Storage Building at the Livonia Community Recreation Center, were
received and placed on file for the information of the Council
A communication from the Inspection Department, dated October 22,
2002, re monument signage at the Livonia Community Recreation Center, Stevenson
High School, Madonna University and Schoolcraft College, was received and placed on
file for the information of the Council
A map outlining "Livonia's 2003 Road Improvement Locations", presented
at the October 16, 2002 Streets, Roads and Plats Committee Meeting, was received
and placed on file for the information of the Council
A communication from the Department of Public Works, dated October 15,
2002, re the 2003 Road Repair Program - Selection of Engineering Consultants, was
received and placed on file for the information of the Council
An e-mail communication from Robert Beckley, Director of Public Works,
dated October 17, 2002, re proposed schedule of activities in 2003 relative to an
annual road repair program, was received and placed on file for the information of the
Council
On a motion by Laura, seconded by Taylor, and unanimously adopted, it
was
CR 578-02 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 16, 2002, submitted pursuant to Council Resolution 499-99,
regarding the topic of establishing a program for street replacement and/or
Regular Meeting of October 23, 2002 33800
repair and the subject of a proposed method of funding local road
improvements and whether Livonia should adopt a program similar to that
utilized by the City of Ann Arbor involving a citizen committee on road
needs, the Council does hereby determine to take no further action with
regard to Council Resolution 499-99
On a motion by Laura, seconded by Dolan, it was.
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 16, 2002, submitted pursuant to Council Resolution 499-99, in
connection with all engineering consultant services required for the
reconstruction and rehabilitation portions of the 2003 Road Repair
Program, the Council does hereby authorize the Administration to
negotiate contracts with Orchard Hiltz & McCliment, Inc., 34935
Schoolcraft Road, Livonia, Michigan 48150, for the asphalt portion of the
2003 Road Repair Program, and Hubbell, Roth & Clark, Inc , P 0 Box
824, Bloomfield Hills, Michigan 48303-0824, for the concrete portion of the
2003 Road Repair Program, based upon their proposals submitted,
FURTHER, in the event negotiations with either firm cannot be finalized,
the Council does hereby authorize the Administration to negotiate with the
third ranked firm of Giffels-Webster Engineers, 2871 Bond Street,
Rochester Hills, Michigan 48309 for this work.
On a motion by Taylor, seconded by Brosnan, it was
RESOLVED, that the City Council does hereby determine, in
lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 16, 2002, submitted pursuant to Council Resolution 499-99, in
connection with all engineering consultant services required for the
reconstruction and rehabilitation portions of the 2003 Road Repair
Program, the Council does hereby refer this subject matter to the
Committee of the Whole for its report and recommendation
A roll call vote was taken on the motion to substitute as follows
AYES Taylor, Brosnan and Engebretson
NAYS Laura, Knapp, Vandersloot and Dolan
The President declared the motion to substitute denied
REVISED PET. # (see bold type) 33801
Regular Meeting of October 23, 2002
A roll call vote was then taken on the originally proposed resolution by Laura, seconded
by Dolan, as follows.
CR 579-02 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 16, 2002, submitted pursuant to Council Resolution 499-99, in
connection with all engineering consultant services required for the
reconstruction and rehabilitation portions of the 2003 Road Repair
Program, the Council does hereby authorize the Administration to
negotiate contracts with Orchard Hiltz & McCliment, Inc., 34935
Schoolcraft Road, Livonia, Michigan 48150, for the asphalt portion of the
2003 Road Repair Program, and Hubbell, Roth & Clark, Inc , P 0 Box
824, Bloomfield Hills, Michigan 48303-0824, for the concrete portion of the
2003 Road Repair Program, based upon their proposals submitted,
FURTHER, in the event negotiations with either firm cannot be finalized,
the Council does hereby authorize the Administration to negotiate with the
third ranked firm of Giffels-Webster Engineers, 2871 Bond Street,
Rochester Hills, Michigan 48309 for this work.
with the following result:
AYES Laura, Knapp, Vandersloot, Dolan and Engebretson
NAYS Taylor and Brosnan
The President declared the resolution duly adopted
Councilmember Taylor took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 3 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 2002-06-01-08)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Brosnan, Knapp, Vandersloot, Dolan and Engebretson
NAYS Laura
The President declared the foregoing Ordinance duly adopted, and would
Regular Meeting of October 23, 2002 33802
become effective on publication
Ray Tent, 18051 Deering, 48152, spoke to the Council regarding the
opinions that were offered to him by fellow citizens of Livonia that they would rather see
single-family homes being built as opposed to condominiums.
A communication from the Planning Department, dated October 18, 2002,
re the proposal submitted by Ardmore Development, LLC for a mixed residential
condominium development on the east side of Farmington Road between Seven Mile
Road and Fargo Avenue being consistent with the City's Master Plan, was received and
placed on file for the information of the Council (Petition 2002-06-01-08)
A communication from Florence Gunderson, 32985 Fargo, 48152 and
Bonnie Shust, 33209 Fargo, 48152, re the review of the master deed for Woodlore
Condominiums, was received and placed on file for the information of the Council.
(Petition 2002-06-01-08)
A petition letter with additional signatures from Woodlore Condominium
residents, dated October 8, 2002, re their support of the rezoning and proposed mixed
residential condominium development 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 2002-06-01-08)
A fax communication from Kim Naccashian, 32750 Norfolk, 48152, re
reasons for building single-family residences, relative to the proposed Ardmore rezoning
and development 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 2002-06-01-08)
Patricia Holmes, 11015 Merriman Road, 48154, stated that she would like
the proposed rezoning petition and site plan petition for the Ardmore property to be sent
Regular Meeting of October 23, 2002 33803
to the Committee of the Whole for further study concerning the storm water retention
management at this property (Petition 2002-06-01-08)
Mr Sauter, President of the Woodlore Condominium Association, clarified
his position of a letter supporting the proposed rezoning and site plan petitions.
Peter McCreedy, 19604 Farmington Road, 48152, spoke about his wish to
see more single-family homes being built in the City
Kim Naccashian, 32750 Norfolk, 48152, spoke about her suggestions for
building more first-floor master bedroom condominiums in the future if a need exists for
them, and limiting the time frame for the demolition of the existing buildings on the
Ardmore property
On a motion by Vandersloot, seconded by Taylor, it was.
CR 580-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 2002, which transmits its
resolution 08-109-2002, adopted on August 20, 2002, with regard to
Petition 2001-01-08-09, submitted by Ardmore Development, L.L.0 ,
requesting site plan approval in connection with a proposal to construct a
condominium development on property located at 19730 Farmington Road
in the West 1/2 of Section 3, pursuant to the provisions set forth in Section
18 58 of Ordinance No 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 2001-01-
08-09 is hereby approved and granted, subject to the following conditions.
1 That the Preliminary Site Plan, marked Job No 2-00058 as
prepared by Boss Engineering, dated 9/30/02, as revised, is hereby
approved and shall be adhered to,
2 That the two (2) Concept Building Elevation Plans, marked Sheets
A3 and A4, prepared by Progressive Associates, Inc. Architects,
dated March 11, 2002 (A3) and July 8, 2002 (A4), are hereby
approved and shall be adhered to, except for the fact that the
chimneys shall be constructed using full face, 4-inch brick, no
exceptions,
3 That the final unit designs shall be substantially similar with the
Schematic Floor Plans, marked Sheets Al and A2, as prepared by
Progressive Associates, Inc. Architects, with a revision date of
January 22, 2002, provided that all units be built with the master
bedroom located on the first floor or the main living area,
4 That the first story of each condominium unit shall be brick, on all
four sides, and the amount of brick on the first story shall not be
Regular Meeting of October 23, 2002 33804
less than 80% and the combined amount of brick on the first and
second stories shall not be less than 65%,
5 That all brick used in the construction of the homes and buildings
shall be full face 4-inch brick, no exceptions,
6 That detailed plans for landscaping and identification signage, as
well as the Master Deeds for both the detached and attached
condominium developments, shall be submitted to the Planning
Commission and City Council for their review and approval,
7 That the Petitioner shall obtain the necessary permits from both
Wayne County and the Michigan Department of Environmental
Quality for construction of the storm water management system,
and the discussion of the storm water management system for this
property, and possible cooperative efforts with the City for its future
storm water management in the area, will come back to the
Committee of the Whole for their review and approval,
8 That the Petitioner obtain variances from the Zoning Board of
Appeals that will be restricted to lot depth deficiencies
9 That all electrical/gas meters for the attached condominium
buildings shall be installed on the side or rear of the buildings and
shall be shielded with the landscaping, and
10 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Brosnan, Knapp, Vandersloot, Dolan and Engebretson
NAYS Laura
The President declared the resolution duly adopted
Steve Schafer, petitioner, was present at the meeting to answer questions
of the Council
Jeff Neilson, representative for the mortgagee, spoke about the transfer of
the property title
Regular Meeting of October 23, 2002 33805
tio A communication from Florence Gunderson, 32985 Fargo, 48152 and
Bonnie Shust, 33209 Fargo, 48152, re the review of the master deed for Woodlore
Condominiums, was received and placed on file for the information of the Council
(Petition 2001-01-08-09)
A petition letter with additional signatures from Woodlore Condominium
residents, dated October 8, 2002, re their support of the rezoning and proposed mixed
residential condominium development 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)
A communication from Cathy Andrek, 19949 Mayfield, 48152, re her
concerns about the site plan for the development of a mixed residential condominium
development that she has discussed with Steve Schafer of Ardmore Development, LLC,
was received and placed on file for the information of the Council (Petition 2001-01-08-
09)
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
CR 581-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 2002, which transmits its
resolution 08-109-2002, adopted on August 20, 2002, with regard to
Petition 2001-01-08-09, submitted by Ardmore Development, L.L C ,
requesting site plan approval in connection with a proposal to construct a
condominium development on property located at 19730 Farmington Road
in the West 1/2 of Section 3, pursuant to the provisions set forth in Section
18 58 of Ordinance No 543, as amended, the Council does hereby refer
the issue of the storm water management at this site to the Committee of
the Whole for its report and recommendation
Regular Meeting of October 23, 2002 33806
On a motion by Dolan, seconded by Vandersloot, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated July 18, 2002, which sets forth its
resolution 07-81-2002 adopted on July 16, 2002, with regard to Petition
2002-06-01-07, submitted by Schonsheck, Inc. for a change of zoning of
property located on the north side of Seven Mile Road between Bethany
Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to
OS, and the Council having conducted a public hearing with regard to this
matter on October 2, 2002, pursuant to Council Resolution 424-02, the
Council does hereby refer this item to the Committee of the Whole for its
report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Dolan and Engebretson
NAYS Taylor, Laura, Brosnan and Knapp
The President declared the resolution failed
A communication from Brett Phillips, 19235 Bethany, 48152, dated
October 22, 2002, re his support of proposed rezoning of property located on the north
side of Seven Mile Road between Bethany Road and Victor Parkway, was received and
placed on file for the information of the Council (Petition 2002-06-01-07)
A communication from the Soave Bros Properties, LLC, dated October
21, 2002, re their opposition of proposed rezoning of property located on the north side
of Seven Mile Road between Bethany Road and Victor Parkway, was received and
placed on file for the information of the Council (Petition 2002-06-01-07)
A communication from the Planning Department, dated October 23, 2002,
re a valid protest being in effect against the proposed rezoning of property located on
the north side of Seven Mile Road between Bethany Road and Victor Parkway, was
received and placed on file for the information of the Council (Petition 2002-06-01-07)
On a motion by Brosnan, seconded by Laura, it was
Regular Meeting of October 23, 2002 33807
CR 582-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 18, 2002, which sets forth its
resolution 07-81-2002 adopted on July 16, 2002, with regard to Petition
2002-06-01-07, submitted by Schonsheck, Inc. for a change of zoning of
property located on the north side of Seven Mile Road between Bethany
Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to
OS, and the Council having conducted a public hearing with regard to this
matter on October 2, 2002, pursuant to Council Resolution 424-02, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2002-06-01-07 is hereby denied for the following
reasons
1 That the proposed change of zoning would be incompatible to and
not in harmony with the adjacent uses in the area, particularly with
respect to the residential uses to the north,
2 That existing commercial and office zoning in the vicinity of the
Seven Mile Road and Newburgh Road intersection adequately
provides for uses such as are allowed in the OS district and there is
no demonstrated need for additional OS zoning in this area,
3 That the proposed change of zoning will provide for uses that will
cause additional traffic congestion in the area,
4 That the proposed change of zoning will provide for uses which will
erode the quality of life experienced by the adjoining residential
neighborhood, and
5 That the proposed change of zoning is inconsistent with the Future
Land Use Plan designation of low-density residential land use for
the subject area
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Laura, Brosnan, Vandersloot and Engebretson
NAYS Knapp and Dolan
The President declared the resolution duly adopted
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was.
CR 583-02 RESOLVED, that having considered a communication from
the City Librarian, dated September 24, 2002, which bears the signature
Regular Meeting of October 23, 2002 33808
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 total amount of $1,680 00, from the
sources indicated therein for use by the Livonia Public Library as indicated
in the aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the amount of $1,680 00 to Account No 702-000-
285-271 for the purposes as designated by the donors
Patricia Holmes, 11015 Merriman Road, 48154, spoke to the Council and
expressed her objection to Council's approval of the Ardmore Development, and the
legacy they were leaving Livonia
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
this 1,475th Regular Meeting of the Council of the City of Livonia was adjourned at
10 51 pm , October 23, 2002
4 ,
J. :n McCotter, City Clerk