HomeMy WebLinkAboutCOUNCIL MINUTES 2002-11-20 33833
REVISED CR 614-02
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-SEVENTH
REGULAR MEETING OF NOVEMBER 20, 2002
On November 20, 2002, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice-
President of the Council at 8 00 p m Councilmember Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, Linda
Dolan, Gerald Taylor, Joe Laura and Donald Knapp
Absent. - Val Vandersloot— vacation, Jack Engebretson — illness
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, Mary Rutan,
Human Resources Director; Mike Slater, Director of Finance, Dan Putman, Information
Systems Director; Alan Brandemihl, Fire Chief; Ian Wilshaw, Traffic Commission and
Stan Dobis, Cable Commission
On a motion by Laura, seconded by Dolan, and unanimously adopted, it
was
CR 612-02 RESOLVED, that the Council does hereby amend the
Orders of the Day to permit consideration of two additional items that do
not appear on the agenda
On a motion by Laura, seconded by Taylor, and unanimously adopted, it
was.
CR 613-02 RESOLVED, that the minutes of the 1,476th Regular Meeting
of the Council held November 6, 2002 are hereby approved as submitted
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 614-02 RESOLVED, that Council does hereby amend Council
Resolution 600-02 to read as follows
Regular Meeting of November 20, 2002 33834
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 2002, which transmits
its resolution 10-128-2002, adopted on October 8, 2002, with regard to
Petition 2002-07-02-14, submitted by Mohamad El Fassih requesting
waiver use approval to construct a gas station and carry-out restaurant
with drive-up window service on property located on the north side of
Schoolcraft Road between Inkster Road and Cardwell Avenue in the
Southeast 1/4 of Section 24, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2002-07-02-14 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet C-1 prepared by Elite Design &
Development, Inc , dated September 26, 2002, is hereby approved
and shall be adhered to,
2 That the Landscape Plan marked Sheet C-2 prepared by Elite
Design & Development, Inc., dated September 8, 2002, is hereby
approved and shall be adhered to, except that the Autumn Purple
Ash trees specified on said landscape plan shall be changed to a
different variety of tree as approved by the Planning Director;
3 That all plant materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That all sodded and landscaped areas shall be fully irrigated by
underground sprinkler systems,
6 That the Building Elevations marked Sheets A-1 and A-3 prepared
by Elite Design & Development, Inc , dated July 16, 2002 and
September 8, 2002, respectively, are hereby approved and shall be
adhered to,
7 That the brick used in the construction of the buildings shall be full
face four (4) inch brick, no exceptions,
8 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match that of the building and the enclosure gates shall
be maintained and when not in use closed at all times,
Regular Meeting of November 20, 2002 33835
9 That all rooftop mounted mechanical equipment shall be completely
screened from view;
10 That the turning radius of the drive-up window lane shall be at least
15 feet as required,
11 That the maximum number of customer seats in the carryout
restaurant shall not exceed 12,
12 That all pole mounted lights shall be shielded so as to be deflected
away from any neighboring property and shall not exceed 20 feet in
height;
13 That the lights of the pump island canopy shall be recessed in such
a way that the intensity of the illumination is decreased,
14 That no outdoor storage, placement or display of merchandise shall
be permitted at any time on this site, however the foregoing
prohibition shall not apply to the display, on the pump islands only,
of oil or oil based products as permitted under Section 11 03(a) of
the Zoning Ordinance,
15 That the pump island canopy shall not exceed 18 feet in height and
its support columns shall be covered with the same brick used in
the construction of the gas station/convenience store building,
16 That no neon shall be permitted on this site, including but not
limited to, the pump island canopy, buildings or around the
windows,
17 That this approval shall incorporate the following recommendations
of the Traffic Bureau as listed in the correspondence dated August
2, 2002,
a) That the required handicapped parking spaces be properly
sized and individually signed as required,
b) That a handicapped ramp for access to the building be
provided,
c) That a sign indicating the height of the pump island canopy
be installed in several conspicuous locations,
d) That stop signs for each exit of the property along with a
Right Turn Only sign for the Schoolcraft exit be installed,
18 That all parking spaces within the total site area be double striped,
Regular Meeting of November 20, 2002 33836
19 That the existing protective wall along the north property line of the
subject site shall be repaired to the satisfaction of the Inspection
Department and shall be extended to the east to the Inkster Road
right-of-way line using the same materials and having uniformity in
height and appearance, except that the nearest 10 feet of wall to
the right-of-way shall be limited to a height of three (3) feet;
20 That no signs, either freestanding or wall mounted, are approved
with this petition All such signage shall be separately submitted for
review and approval by the Planning Commission and City Council,
21 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
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 615-02 RESOLVED, that having considered a communication from
the Civil Service Department, dated November 20, 2002, the Council does
hereby amend Council Resolution 507-02 to include fringe benefit
adjustments for the classifications of Deputy Police Chief and Police
Captain for the period December 1, 2000 through November 30, 2003
During the audience communication portion of the agenda, Mayor Kirksey
stated that there is a meeting scheduled for Thursday, November 21 at 7 00 p m in the
City Hall auditorium regarding the demise and infestation of ash trees in Livonia
Councilmember Brosnan announced that there will be a "Winter
Wonderland Holiday Parade" on Saturday, November 23 at 9 00 a m The parade route
will be on Plymouth Road between Merriman and Middlebelt Roads
Vice-President Knapp congratulated his parents on their 35th wedding
anniversary, which will be celebrated on Saturday, November 23
Livonia Fire Fighter Michael Rusnak addressed and thanked Council,
Mayor Kirksey, Firefighter Kelly, head of the Firefighters' Union, Human Resources
Director Mary Rutan and the Civil Service Commission He has served as a Technical
Sergeant in U S Air Force and was active in "Operation Enduring Freedom" In
gratitude for the City's support while he was on active duty, he presented to the Mayor a
Certificate of Authenticity and an American flag that was in the cockpit of an aircraft that
flew over a combat mission in Afghanistan
Regular Meeting of November 20, 2002 33837
A communication from the Department of Law, dated November 5, 2002,
re the dismissal of the case of Bull Transport, Inc., et al v Wayne County, et al, U S
District Court Case No 01-74894, Hon Avern Cohn, was received and placed on file for
the information of the Council
A communication from the Office of the City Clerk, dated November 14,
2002, re Motor Vehicle for Hire License, was received and placed on file for the
information of the Council (Agenda Item #2)
New data from Section 5 84 100 of the Livonia Code of Ordinances, as
amended, dated November 19, 2002, re Indemnity Bond and Liability Insurance
Required, relative to the subject matter of a Motor Vehicle For Hire License, was
received and placed on file for the information of the Council (Agenda Item #2)
A communication from the Planning Department, dated November 14,
2002, re the standard hours of operation for most Advance Auto Parts stores across
the country, relative to a proposal to construct a commercial building at 29155 Seven
Mile Road, was received and placed on file (Agenda Item #14, Petition 2002-10-08-21)
On a motion by Brosnan, seconded by Dolan, it was
CR 616-02 RESOLVED, that having considered a communication from
the City Assessor, dated October 24, 2002, approved for submission by
the Mayor, with regard to a request from Eric and Kelly Kovacs, 34170
Orangelawn, Livonia, Michigan 48150, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby approve of the
proposed division and combination of Tax Item Nos 46-129-01-0158-000
and 46-129-01-0159-000 into two parcels, the legal descriptions of which
shall read as follows
PARCEL A
The South 200 00 feet of Lot 159, "Supervisor's Livonia Plat No.2 of the
Regular Meeting of November 20, 2002 33838
S 5/8 of the N E 1/4 and the E 1/2 of the N 3/8 of the N E 1/4 of Sec 33, T
1S , R 9E , Livonia Twp (now City of Livonia), Wayne Co , Michigan
Containing 13, 199 63 sq ft. or 0 3 acre Subject to easements of record
PARCEL B
Lot 159 except the South 200 00 feet thereof and all of Lot 158,
"Supervisor's Livonia Plat No 2 of the S 5/8 of the N E '/4 and the E '/2 of
the N 3/8 of the N E '/4 of Sec. 33, T 1S , R.9E , Livonia Twp (Now City
of Livonia) Wayne Co , Michigan " Containing 72,459 04 sq ft. or 1 7
acres Subject to easements of record
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL
A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS
TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT,
NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED
CR 617-02 RESOLVED, that having considered a letter from Rochelle J
Crunk, 28437 N Clements Circle Drive, Livonia, Michigan 48150, received
in the Office of the City Clerk on November 4, 2002, requesting a vehicle
for hire license to start a business to assist the elderly with non-medical
situations, the Council does hereby refer this item to the Police
Department for a report and recommendation
CR 618-02 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 13, 2002, and a report
and recommendation from the Chief of Police, dated October 30, 2002,
approved for submission by the Mayor, the Council does hereby approve
of the request from Family Group Investments, Inc. for transfer of
ownership of a 2002 SDD and SDM licensed business from Michael J
Vorgitch, for a business located at 38675 Ann Arbor Road, Livonia,
Michigan, 48150, Wayne County; and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan Liquor Control
Commission
A communication from the Division of Police, dated October 29, 2002, re
the number of speed violations issued from April 1 through September 30, 2002, on the
major north/south roadways in the City located between Five Mile and Seven Mile
Roads, was received and placed on file for the information of the Council
Regular Meeting of November 20, 2002 33839
CR 619-02 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 28, 2002,
approved for submission by the Mayor, with regard to quotes received for
life insurance coverage as set forth in the list and tabulation attached to
the aforesaid communication, the Council does hereby accept the quoted
price of Reliastar Life Insurance Company, 22624 Network Place,
Chicago, Illinois, 60673-1226, to provide life insurance at the rate of$ 205
(life insurance) and $ 02 (accidental death and dismemberment) per
$1,000 payroll per month, the same having been in fact the lowest quote
received, FURTHER, the Council does hereby authorize an Agreement
between the City of Livonia and Reliastar Life Insurance Company to buy
life insurance coverage at these rates for a two year period ending
November 30, 2004, FURTHER, the Council does hereby authorize the
said purchase without competitive bidding in accordance with Section
3 04 140D2 of the Livonia Code of Ordinances, as amended
CR 620-02 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated September 13, 2002, which
bears the signature of the Director of Finance, approved as to form and
content by the City Attorney and is approved for submission by the Mayor,
to which is attached a proposed Interlocal Agreement between the City of
Livonia and various other cities and townships to provide mutual fire and
lam rescue services to one another in cases of emergencies, creating the
Western Wayne County Fire Department Mutual Aid Association, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute the Agreement in the manner and form
herein submitted, subject to approval as to form by the Department of
Law, as well as to do all other things necessary or incidental to the full
performance of this resolution
CR 621-02 RESOLVED, that having considered a communication from
the Director of Community Resources, dated October 23, 2002, which
bears the signature of the Finance Director, is approved by the City
Attorney and is approved for submission by the Mayor, and to which is
attached a proposed agreement for Specialized Services Lift-Equipped
Transportation between SMART and the City of Livonia for the period
October 1, 2002 through September 30, 2003, the Council does, for and
on behalf of the City of Livonia, authorize the Mayor and City Clerk to
execute the said Agreement in the manner and form herein submitted,
provided that the Agreement is approved as to form by the Department of
Law
CR 622-02 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated October 18, 2002, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, wherein the
Regular Meeting of November 20, 2002 33840
Housing Commission has recommended the following rental increases to
become effective January 1, 2003, with respect to the City-owned
scattered site properties as follows.
Current Proposed
2 Bedroom $300 $315
29149 Morlock
20121 Floral
27545 Long
3 Bedroom $385 $400
11910 Cardwell
21411 Arcola
31220 Hathaway
19941 Deering
9880 Harrison
11784 Arcola
33916 Five Mile
10033 Garden
4 Bedroom $450 $465
20120 Deering
The above rents exclude all utilities
The Council does hereby concur in and approve of the recommended
action
A communication from the Livonia Housing Commission, dated October
22, 2002, re Livonia Housing Commission audit report for the fiscal year ending
December 31, 2001, was received and placed on file for the information of the Council
CR 623-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 24, 2002, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby approve an extension of the City's existing contract
with Branch Tree Service, Inc , 24195 Mound Road, Warren, Michigan
48091, for completing all work required in Section 3 and Sections 14
through 18 of the City in connection with the City's 2003 Municipal Tree
Trimming Program for the estimated cost of $228,821 56, 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 price accepted herein of $44 44 per tree, and the Director of Public
Works is hereby authorized to approve minor adjustments in the work as it
Regular Meeting of November 20, 2002 33841
becomes necessary; FURTHER, the Council does hereby authorize this
contract extension without competitive bidding for the reasons indicated in
the aforesaid communication, and such action is taken in accordance with
Section 3 04 140D 4, 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 624-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 22, 2002, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize B & V Construction, Inc., 48400 West
Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow
removal services for City streets during the 2002-2003 snow season for
snowfalls of over four (4) inches in accumulation and as authorized by the
Mayor, pursuant to the terms stated in the attached letter dated October
17, 2002, FURTHER, the Council does hereby authorize the use of
additional rental equipment, as needed, from Summit Transport, Inc.,
10321 E Grand River Avenue, Suite 520, Brighton, Michigan 48116,
pursuant to the terms stated in the attached letter dated October 16, 2002,
and the use of additional equipment, as needed, from Nagle Paving
Company, 30630 West Twelve Mile Road, Farmington Hills, Michigan
48334, pursuant to the terms stated in the attached letter dated October
21, 2002, FURTHER, the Council does hereby authorize the said item
without competitive bidding in accordance with Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
CR 625-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 2002, which transmits
its resolution 10-137-2002, adopted on October 22, 2002, with regard to
Petition 2002-08-02-15, submitted by Rocky Zebari, on behalf of Cooper
Tires, requesting waiver use approval to expand the use (floor area
utilized for automotive repair within the existing building) of an existing
automotive repair facility on property located on the south side of Eight
Mile Road between Middlebelt Road and Beatrice Avenue in the Northeast
1/4 of Section 2, which property is zoned M-1, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2002-08-02-15 is hereby approved and granted, subject to
the following conditions
1 That this waiver use request is approved, in part, to allow the use of
not more than five (5) work stations/service bays, including not
more than four (4) hoists and one wheel alignment machine One
year following the approval of this waiver use, the petitioner may
request the Planning Commission and City Council to consider the
Regular Meeting of November 20, 2002 33842
expansion of the use to include additional service bays for
2 automotive repair on the east side of the building,
That the site plan submitted by Rocky Zebari, received by the
Planning Commission on August 27, 2002, is hereby approved and
shall be adhered to,
3 That the subject facility shall conduct automobile and light truck
repair work consisting of repairs such as motor and electrical tune-
up, replacement of shock absorbers, brakes, mufflers, exhaust and
tailpipes and other similar repairs,
4 That repair work conducted at this facility shall not include bumping,
painting, spraying and rust-proofing, and transmission repair;
5 That there shall be no outdoor storage of auto parts, equipment,
scrap material, debris, waste petroleum products or other similar
items generated by the subject use,
6 That there shall be no overnight outdoor parking or storage of
vehicles on the site, with all overnight parking or storage of vehicles
occurring only inside the building,
7 That the dumpster enclosure gates shall be replaced with metal
gates and maintained and when not in use closed at all times,
8 That the underground sprinklers to be provided for all landscaped
and sodded areas shall be set in position and adjusted to the
satisfaction of the Inspection Department and shall thereafter be
properly maintained in good working order;
9 That the drive approach from Eight Mile Road shall be narrowed in
width to the specifications of the Engineering Division, as
recommended in the correspondence dated September 3, 2002,
from the Engineering Division, with the excess asphalt in the area
between the site and the roadway in the Eight Mile Road right-of-
way to be removed and replaced with sod,
10 That handicapped parking shall be individually signed as required,
and
11 That all conditions imposed in connection with Council Resolution
Nos 191-99, 458-00 and 743-01 that are not in conflict with the
foregoing conditions of this approval shall remain in effect.
Regular Meeting of November 20, 2002 33843
CR 626-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 2002, which transmits
its resolution 10-134-2002, adopted on October 22, 2002, with regard to
Petition 2002-09-02-16, submitted by Mid America Shows, Inc , requesting
waiver use approval to conduct a carnival sponsored by the Livonia Mall
Merchants Association consisting of amusement rides, games and food
concessions from Friday, April 4, 2003 through Sunday, April 20, 2003,
inclusive, on property located on the north side of Seven Mile Road
between Middlebelt Road and Purlingbrook Road in the Southeast 1/4 of
Section 2, which property is zoned C-2, the Council does hereby concur in
the recommendation made by the City Planning Commission and Petition
2002-09-02-16 is hereby approved and granted, subject to the following
conditions
1 That the duration of the carnival shall be limited to the dates from
April 4, 2003 through April 17, 2003, inclusive, except under the
circumstances that an extension of three (3) additional days to April
20, 2003, is granted by the Director of Public Works under the
provisions of Section 11 03(L) of Zoning Ordinance #543,
2 That the proposed carnival operation shall be confined to the area
as illustrated on the Site Plan submitted with this request;
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Seven Mile Road right-of-
way line,
4 That all trucks and other transportation equipment shall be parked
or stored within the northwesterly portion of the Livonia Mall parking
lot, but no closer than 100 feet from the west property line abutting
the Ziegler Place site or 250 feet from the south property line
abutting Hunters Brook Condominiums,
5 That there shall be no motors running on the stored trucks during
late hours, especially between 1100 p m and TOO a m , including
motors on any refrigeration trucks,
6 That there shall be no living quarters at the location of the stored
trucks,
7 That the hours of operation of the carnival shall be as stated in a
letter dated September 20, 2002, from James K. Wegerly, Vice
President of Mid America Shows, Inc , which have been approved
by the Police Department, and
Regular Meeting of November 20, 2002 33844
8 That access to fire hydrants is provided for the Fire Department.
CR 627-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 2002, which transmits
its resolution 10-136-2002 adopted on October 22, 2002, with regard to
Petition 2002-10-08-21, submitted by Trails End Holdings-Livonia LLC, on
behalf of Advance Auto Parts, requesting site plan approval in connection
with a proposal to construct a commercial building on property located at
29155 Seven Mile Road in the Northwest 1/4 of Section 12, 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 2002-10-08-21 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1, as received by the City
Planning Commission on October 31, 2002, prepared by Jarrett-
Mills-Schron, is hereby approved and shall be adhered to, except
that the parking stall in the northeast corner of the parking lot
located adjacent to the Seven Mile Road right-of-way shall be
removed and replaced with landscaping similar in nature to the
landscaping located on the west side of the entrance drive,
2 That the landscape plan marked Sheet 1 dated October 28, 2002,
as revised, prepared by Jarrett-Mills-Schron, is hereby approved
and shall be adhered to, except that two (2) additional canopy trees
shall be planted along the front of the property;
3 That all disturbed lawn areas shall be sodded in lieu of
hyrdroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Sheet A-1 1 dated
October 29, 2002, as revised, prepared by W L. Perry Associates,
is hereby approved and shall be adhered to,
6 That the brick used in the construction shall be full face four (4)
inch brick, no exceptions,
7 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
Regular Meeting of November 20, 2002 33845
color shall match that of the building, and the enclosure gates shall
8 be maintained and when not in use closed at all times,
That all light fixtures shall not exceed 20 ft. in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
9 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
October 10, 2002,
- That the parking lot shall be double striped,
- That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
10 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council,
11 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
12 permits are applied for; and
That the E I F S panel shall wrap completely around the rear
elevation of the building
CR 628-02 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
Wednesday, January 8, 2003, at TOO p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item
Petition 2002-09-01-12, submitted by Steven, Tim and George Cowick
for a change of zoning of property located on the west side of Floral
Avenue between Joy Road and Wilson Acres Park (8863 Floral
Avenue) in the Southeast 1/4 of Section 36 from C-2 to R-1, the City
Planning Commission in its resolution 10-133-2002 having
recommended to the City Council that Petition 2002-09-01-12 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
ia•
Regular Meeting of November 20, 2002 33846
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed changes 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 629-02 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,
January 6, 2003, at 7-00 p m. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 2002-02-06-01, submitted by the City Planning Commission, to
determine whether or not to amend Article IV, Section 4 04 and Article
V, Section 5 04 of the Zoning Ordinance in order to establish open
space preservation zoning provision in the R-5 and RUE zoning
districts as required by House Bill No 5029, the City Planning
Commission in its resolution 10-138-2002 having recommended to the
City Council that Petition 2002-02-06-01 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Dolan, Taylor, Laura and Knapp
NAYS None
Regular Meeting of November 20, 2002 33847
A communication from the Department of Management Information
Systems, dated October 1, 2002, re renewal of Deluxe Standard Software
Maintenance Agreement ("DSSMA") with New World Systems, was received and placed
on file for the information of the Council
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 630-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated Tuesday, October
29, 2002, submitted pursuant to Council Resolution 6-00, in connection
with the renewal of the Deluxe Standard Software Maintenance
Agreement ("DSSMA") with New World Systems, the Council does hereby
authorize the execution of an Agreement between the City of Livonia and
New World Systems, 888 W Big Beaver Road, Troy, Michigan 48084-
4749, to provide the City with various services related to computer
software for the period December 1, 2002, through November 30, 2005,
for the annual cost as follows
From December 1, 2002 to November 30, 2003 - $88,040 00 per year
From December 1, 2003 to November 30, 2004 - $94,680 00 per year
From December 1, 2004 to November 30, 2005 - $98,500 00 per year
FURTHER, any additional programming support over the 200 hours
provided by the Agreement to be billed at the rate of $130 00 per hour for
the period December 1, 2002 through November 30, 2003, $135 00 per
hour for the period December 1, 2003 through November 30, 2004, and
$140 00 per hour for the period December 1, 2004 through November 30,
2005, from funds already budgeted for this purpose in Account No 101-
915-818-005 (Data Processing - Contractual Services - Consultant) and
Account No 101-915-851-020 (Data Processing - Computer Software
Maintenance), FURTHER, the Council does hereby authorize the action
herein without competitive bidding in accordance with the provisions set
forth in Section 3 04 140D2 and 4 of the Livonia Code of Ordinances, as
amended
A communication from Steven Goldberg, President of Stage Deli, dated
October 29, 2002, to Arthur Carmichael, Haggerty Road Investments, re his desire to
Regular Meeting of November 20, 2002 33848
locate a Stage Deli in Livonia if all plans are viable, was received and placed on file for
the information of the Council (Petition 2001-03-02-05)
Color renderings submitted by Arthur Carmichael, President, Haggerty
Road Investments, L L C , received on October 28, 2002, re an existing building
located on Haggerty Road between Seven and Eight Mile Roads, were received and
placed on file for the information of the Council (Petition 2001-03-02-05)
A communication from Arthur Carmichael, President, Haggerty Road
Investments, L.L.0 , dated October 23, 2002, re an update on the various options for
his site and existing building on Haggerty Road between Seven and Eight Mile Roads,
was received and placed on file for the information of the Council (Petition 2001-03-02-
05)
A communication from KFC-Schoolcraft Elevations, owner rev 10/17/02,
received on October 18, 2002, re renovating the exterior building elevations of a
restaurant at 13485 Farmington Road, was received and placed on file for the
information of the Council (Petition 2002-01-08-02)
A communication from David Jernigan, A.R.A., President, DCJA, dated
November 1, 2002, re revised plans showing building mounted front signage to be 30
square feet instead of the original 54 square feet, was received and placed on file for
the information of the Council (Petition 2002-01-08-02)
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 631-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated Tuesday, October
29, 2002, submitted pursuant to Council Resolution 307-02, in connection
with Petition 2002-01-08-02, submitted by Kentucky Fried Chicken,
Regular Meeting of November 20, 2002 33849
requesting site plan approval in connection with a proposal to renovate the
exterior building elevations of the restaurant located at 13485 Farmington
Road in the Northeast 1/4 of Section 28, 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 2002-01-08-02 is hereby approved and granted, subject to
the following conditions
1 That the Exterior Building Elevation Plan marked Sheet 1 dated
11/01/02, as revised, prepared by DeConti/Jernigan and
Associates, is hereby approved and shall be adhered to,
2 That all building-mounted parking lot lights shall be angled not more
than 20 degrees from the horizontal line of the ground, and
shielded to minimize stray light trespassing across property lines
and glaring into adjacent roadways,
3 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excessive signage
and any conditions related thereto, including the following,
Two (2) wall signs at 11 sq ft. each with the graphic "KFC",
One (1) wall sign at 30 sq ft. with the "colonel's face"
graphic,
Encased lighting band,
Illuminated cupola tower;
4 That no exposed neon tubing shall be permitted on the building nor
shall the awnings be internally illuminated,
5 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; and
6 That a new dumpster enclosure shall be provided or the existing
enclosure shall be completely renovated such that it matches the
picture received by Council on 5/13/02 and the enclosure gates
shall be maintained and when not in use closed at all times
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 2002-04-03-04)
Regular Meeting of November 20, 2002 33850
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Brosnan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTIONS 10 02 AND 10 03
OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2001-06-06-07)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Dolan, Taylor, Laura and Knapp
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Brosnan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 1102 OF
ARTICLE XI OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2001-06-06-07)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Dolan, Taylor, Laura and Knapp
NAYS None
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,
Regular Meeting of November 20, 2002 33851
it was
CR 632-02 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated October 21,
2002, approved as to form by the City Attorney and is approved for
submission by the Mayor, and which transmits a resolution adopted by the
Civil Service Commission on October 18, 2002, regarding the proposed
restatement of the Livonia Retirement Plan Ordinance, Chapter 2 96,
Defined Benefit Plan and Chapter 2 97, Defined Contribution Plan, the
Council does hereby refer this item to the Department of Law to place in
proper form the appropriate Ordinance amendments to Chapters 2 96 and
2 97 of the Livonia Code of Ordinances for submission to Council
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 633-02 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated October 25,
2002, which transmits its resolution 10-135-2002, adopted on October 22,
2002, with regard to a request submitted by Phoenix Land Development
Corporation, to amend the plans previously approved in Council
Resolution 522-01 (waiver use Petition 1999-04-02-13), for the
development on property located on the east side of Farmington Road,
north of Plymouth Road, in the Southwest 1/4 of Section 27, which
property is zoned R-8C, the Council does hereby concur in the
recommendation of the City Planning Commission and the request to
amend Petition 1999-04-02-13 is hereby approved and granted, subject to
the following conditions
1 That the Site Plan, marked Sheet SPO2, dated October 29, 2002,
as revised, prepared by SSOE, Inc , is hereby approved and shall
be adhered to,
2 That the Landscape Plans marked Sheets L-1 and L-2 dated
October 29, 2002, as revised, prepared by Russell Design, is
hereby approved and shall be adhered to, and shall be detailed to
the satisfaction of the Planning Department;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
Regular Meeting of November 20, 2002 33852
5 That the Exterior Building Elevation Plan dated October 30, 2002,
as revised, prepared by Kensington Design Group, is hereby
approved and shall be adhered to,
6 That the brick used in the construction shall be full-face four (4)
inch brick, no exception,
7 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
October 15, 2002
- That if any of the subject buildings are to be provided with
automatic sprinkler systems, hydrants shall be located between
50 ft. and 100 ft. from the Fire Department connections,
- That adequate hydrants shall be provided and located with a
maximum spacing of 300 ft. between hydrants Most remote
hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI,
- That access around buildings shall be provided for emergency
vehicles with a turning radius up to 45 ft. wall-to-wall and a
minimum vertical clearance of 13 1/2 ft;
- That fire lanes shall be designated upon final parking
configuration,
8 That any identification signage for the residential portion of the
development shall be submitted to the Planning Commission and
City Council for their review and approval,
9 That the petitioner shall submit within sixty (60) days of this
approval to the City Law Department for its review and acceptance
copies of the Master Deed and Bylaws, which shall permanently
establish the wetlands as a conservation/preservation area,
10 That the petitioner shall include language in the Master Deed or a
separate recordable instrument wherein the condominium
association shall reimburse the City of Livonia for any maintenance
or repair costs incurred for the storm water detention/retention and
outlet facilities, and giving the City of Livonia the right to impose
liens on each lot owner's property prorata and place said charges
on their real estate tax bills in the event said charges are not paid
by the condominium association (or each lot owner) within thirty
(30) days of billing for the City of Livonia, and
Regular Meeting of November 20, 2002 33853
11 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits area applied for
A communication from the Department of Law, dated October 22, 2002 -
Administrative Response - re recommendation of No Further Action on the proposed
sale of City-owned property at 18885 Harrison until the prospective purchaser provides
a satisfactory real estate appraisal for said property, was received and placed on file for
the information of the Council
A communication from the Planning Department, dated October 22, 2002 -
Administrative Response - re no objection to the sale of City-owned property at 18885
Harrison at a fair market value and subject to adopted policies and ordinances
governing such transactions, was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 634-02 RESOLVED, that having considered a letter from Michael R.
Lapham, 18886 Brentwood, Livonia, Michigan 48152, dated September 3,
2002, requesting to purchase certain City-owned property (Parcel No 46-
046-99-0102-000), consisting of the vacant lot located to the rear of his
property, the Council does hereby determine to take no further action with
regard to this matter
A communication from the Department of Finance, dated November 18,
2002, re resolution approving sale of General Obligation Tax Refunding Bonds, Series
2002, was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 635-02 WHEREAS, the City Council of the City of Livonia, Michigan,
by resolution adopted on October 23, 2002 (the "Resolution") approved
Regular Meeting of November 20, 2002 33854
the issuance of its 2002 General Obligation Unlimited Tax Refunding
Bonds (the "Bonds") for the purpose of refunding all or a portion of the
City's outstanding 1991 General Obligation Unlimited Tax Bonds, maturing
in the years 2004 to 2006, inclusive (the "1991 Bonds"), and all or part of
the City's outstanding 1992 General Obligation Unlimited Tax Bonds,
maturing in the years 2004 to 2007, inclusive (the "1992 Bonds") (the 1991
Bonds and the 1992 Bonds collectively referred to herein as the "Prior
Bonds"), and
WHEREAS, the City has received an offer to purchase the Bonds from
Robert W Baird & Co and Fahnestock & Co Inc. (together the
"Underwriters")
NOW, THEREFORE, BE IT RESOLVED, THAT
1 The City hereby accepts the offer by the Underwriters to purchase
the Bonds as set forth in the proposed Bond Purchase Agreement (the "Bond Purchase
Agreement") presented to the City by the Underwriters The form of the Bond Purchase
Agreement is hereby approved and the Mayor, City Clerk, Finance Director, and
Treasurer of the City are each hereby authorized and directed to execute and deliver the
Bond Purchase Agreement on behalf of the City
2 The form of the Escrow Agreement between the City and Bank One
Trust Company, National Association, as escrow agent (the "Escrow Agreement") is
hereby approved and the Mayor, City Clerk, Finance Director, and Treasurer of the City
are each hereby authorized and directed to execute and deliver the Escrow Agreement
on behalf of the City
3 The City hereby determines that the Bonds shall be issued in the
principal amount, at the purchase price and interest rates shown on Exhibit A attached
hereto The Bonds shall be issued as serial bonds as shown on Exhibit A. The Bonds
shall be dated as of December 11, 2002 and interest on the Bonds shall be first payable
on March 1, 2003, and semi-annually thereafter on March 1 and September 1 of each
year The Bonds shall not be subject to redemption prior to maturity
The Bonds shall be issued in book-entry-only form through The
Depository Trust Company in New York, New York ("DTC"), and the Mayor, City Clerk,
Finance Director, and Treasurer of the City are each 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 changes in the form of
the Bonds within the parameters of the Resolution as may be required to accomplish
the foregoing
4 The City hereby determines that all of the 1991 Bonds maturing in
the years 2004 to 2006, inclusive and all of the 1992 Bonds maturing in the years 2004
to 2007, inclusive shall be defeased pursuant to the Escrow Agreement.
Regular Meeting of November 20, 2002 33855
5 Proceeds of the Bonds shall be deposited into funds created by
provisions of the Resolution in the amounts shown on Exhibit A. In addition, the Mayor,
City Clerk, Finance Director, and Treasurer are each hereby authorized to open a 2002
Bonds Issuance Fund and to deposit part of the proceeds of the Bonds into said Bonds
Issuance Fund in the amount shown on Exhibit A attached hereto and made part hereof
to be used to pay the costs of issuance relating to the Bonds Said Issuance Fund shall
be opened with the Escrow Agent pursuant to the Escrow Agreement.
The deposits made in the amounts shown in Exhibit A shall be
subject to verification and either the Mayor, City Clerk, Finance Director or Treasurer
may modify the amounts of the deposits shown in Exhibit A in consultation with bond
counsel and the City's financial consultant.
6 The Official Statement relating to the Bonds, dated as of the date of
this resolution, which Official Statement has been presented to this City Council, is
hereby authorized and approved and the Preliminary Official Statement relating to the
Bonds, dated as of November 7, 2002, which Preliminary Official Statement has been
presented to this City Council is hereby authorized and approved and its distribution is
hereby ratified and confirmed The Mayor and Finance Director are each authorized
and directed to execute and deliver the Preliminary Official Statement and the Official
Statement on behalf of the City with such additions or corrections as each deems
appropriate
7 In order to enable the Underwriters to comply with the requirements
of Rule 15c2-12 promulgated by the Securities and Exchange Commission, the City
hereby agrees to undertake Continuing Disclosure as issuer of the Bonds Pursuant to
the terms of the Continuing Disclosure Undertaking, the City will provide (i) certain
annual financial information and operating data, including audited financial statements
for the preceding fiscal year, (ii) timely notice of the occurrence of certain material
events with respect to the Bonds, and (iii) timely notice of a failure by the City to provide
the required annual financial information on or before the date required in the
Continuing Disclosure Undertaking The Mayor, City Clerk, Finance Director, and
Treasurer are each authorized to execute such Continuing Disclosure Undertaking on
behalf of the City in such form as he or she shall, in consultation with bond counsel,
determine to be appropriate
8 Pursuant to the Resolution, the Bonds shall be executed in the
name of the City with the facsimile signatures of the Mayor, City Clerk and Treasurer
and shall have the facsimile of the City's seal printed on them
9 The Bonds are hereby designated as "qualified tax exempt
obligations" for purposes of deduction of interest expense by financial institutions
pursuant to the Internal Revenue Code of 1986, as amended
10 All of the officers, administrators, agents and attorneys of the City
are authorized and directed to execute and deliver all other agreements, documents
and certificates and to take all other actions necessary to complete the issuance and
Regular Meeting of November 20, 2002 33856
delivery of the Bonds in accordance with the Resolution authorizing the issuance of the
Bonds and this resolution authorizing the sale of the Bonds and to pay costs of issuance
including bond counsel fees and expenses, financial consultant fees and expenses,
rating agency fees, transfer agent fees, escrow agent fees, verification agent fees, and
costs of printing the preliminary and final official statements, and any other costs
necessary to accomplish the sale and delivery of the Bonds
11 The City hereby covenants that it will take no action which will have
the effect of impairing the security for the Bonds
12 This resolution authorizing the sale of the Bonds shall be effective
immediately upon adoption All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby are rescinded
Vice-President Knapp acknowledged the presence of Boy Scout Troop
271 in the auditorium.
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
this 1,477th Regular Meeting of the Council of the City of Livonia was adjourned at
8 38 p m., November 20, 2002
r•g/c
loan McCotter, City Clerk