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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-12-19 33333 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTY-FIFTH REGULAR MEETING OF DECEMBER 19, 2001 On December 19, 2001, 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 Duggan and his son, Brian, recited the Pledge of Allegiance Roll was called with the following result. Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, John Walsh, John Pastor and Maureen Miller Brosnan Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; State Representative Laura Toy; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk; David Woodcox, Director of Building Inspection, Robert Beckley, Director of Public Works, Michael Slater, Director of Finance, Karen Szymula, Director of Legislative Affairs, Ron Reinke, Superintendent of Parks and Recreation, Jim Zoumbaris, Superintendent of Public Service and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was CR 767-01 RESOLVED, that the minutes of the 1,454th Regular Meeting of the Council held December 3, 2001 are hereby approved as submitted During the audience communication portion of the agenda, Bill Craig, 20050 Milburn, Livonia, 48152, addressed the subject of "dog parks", and stated that he is opposed to having the park he frequents, Hillcrest Park, being turned into a "dog park" State Representative Laura Toy presented a Proclamation to departing Councilmembers Brian Duggan, John Pastor and John Walsh, on 33334 behalf of herself and State Senator Thaddeus McCotter, in recognition of their years of service on the Livonia City Council Council President Brosnan also recognized departing Councilmembers Brian Duggan, John Pastor and John Walsh by presenting them with Commendations that listed their many achievements during their tenure as City Councilmembers Councilmember Duggan thanked the Council and the citizens of Livonia and saved some of his remarks for the end of the meeting Councilmember Walsh spoke and stated that he has enjoyed serving on the Livonia City Council and appreciated the friendship and support he has received from his fellow Councilmembers He will continue to stay involved with City matters and activities Councilmember Pastor thanked his colleagues, the City employees and the Mayor for their support during his time of service on the City Council, and also intends to be involved with City activities He also mentioned that Sister Francilene, former President of Madonna University, has been ill and stated that she will be in his prayers Councilmember Duggan wished a "Happy Birthday" to Phil Haggerty Council Vice-President Vandersloot congratulated Council President Brosnan on being an effective President who handled the meetings in an orderly and professional manner, and then presented her with the gavel that she had used in the past two years in her service as Council President. Council President Brosnan thanked her colleagues and department heads with whom she had worked so closely over the last two years, especially Councilmember Engebretson, who was the former Council President, and helped her feel at ease with her position She also stated that one of her objectives as Council President was to make the citizens feel at ease and help them to understand the workings of City government. A communication from the Department of Finance, dated November 20, 2001, re forwarding various financial statements of the City of Livonia for the month ending October 31, 2001, was received and placed on file for the information of the Council 33335 A communication from the Department of Law, dated December 5, 2001, re Leo Soave v Zoning Board of Appeals for the City of Livonia, Wayne County Circuit Court Case No 01-118769AA, Zoning Board of Appeals Case No 2001-05-67, to which is attached a Court Order affirming the Zoning Board of Appeals decision, was received and placed on file for the information of the Council (CR 512-00) At the direction of the chair, Agenda Item #6 was removed from the Consent portion of the agenda On a motion by Duggan, seconded by Pastor, it was CR 768-01 RESOLVED, that having considered a letter from Tom Celani, President of Hearts of Livonia, dated November 21, 2001, the Council does hereby determine as follows 1 That Hearts of Livonia is a worthy non-profit charity in the community; 2 That the City of Livonia shall be one of the co-sponsors of the 2002 Ben Celani Golf Day Benefit; 3 That Hearts of Livonia is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Courses on Wednesday, August 21, 2002, for the 25th annual golf outing, and 4 That Hearts of Livonia is hereby granted approval to display banners on Five Mile and Farmington Roads from August 3, 2002, through August 25, 2002, at no additional cost to Hearts of Livonia, which signs shall be removed by August 26, 2002 CR 769-01 RESOLVED, that having considered a correspondence from the Mayor, dated November 26, 2001, to which is attached a summary of proposed salary adjustments for the classification of Fire Chief for the period December 1, 1999 through November 30, 2002, and a communication from the Human Resources Director, dated December 7, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits a resolution adopted by the Civil 33336 Service Commission on December 6, 2001, recommending approval of salary and fringe benefit adjustments for the tire classification of Fire Chief for the period December 1, 1999 through November 30, 2002, the Council does hereby approve the 1999- 2002 wage rate schedule for the Fire Chief, effective December 1, 1999, as follows 3 0% 3 0% 3 0% 12/01/99 12/01/00 12/01/01 STEP 1 Annual $68,952.00 $71,011.20 $73,132.80 Bi-weekly 2,652 00 2,731.20 2,812.80 STEP 1-1/2 Annual $70,324 80 $72,425 60 $74,588.80 Bi-weekly 2,704 80 2,785 60 2,868.80 STEP 2 Annual $71,676.80 $73,819.20 $76,024 00 Bi-weekly 2,756 80 2,839.20 2,924 00 STEP 3 Annual $74,526 40 $76,752 00 $79,060 80 Bi-weekly 2,866 40 2,952 00 3,040 80 STEP 4 Annual $77,563.20 $79,892 80 $82,284.80 Bi-weekly 2,983.20 3,072 80 3,164 80 STEP 5 Annual $80,620 80 $83,033 60 $85,529 60 Bi-weekly 3,100.80 3,193 60 3,289 60 FURTHER, all other fringe benefits (i e , dental reimbursement, health insurance, longevity, cleaning allowance, educational benefit, optical, weekly disability and life insurance) as extended to the Livonia Fire Fighters Union, shall be afforded this position as of December 1, 1999 CR 770-01 RESOLVED, that having considered the report and recommendation of the Information Systems Manager and the Director of Public Works, dated November 30, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the purchase of a new computer software system for the Department of Public Works, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation CR 771-01 RESOLVED, that having considered a letter from Emily Ketterer, 15770 Whitby, Livonia, Michigan 48154, received at 33337 the Study Meeting of December 12, 2001, regarding the subject of increasing student participation in local government, the Council does hereby refer this item to the School Liaison Committee for its report and recommendation CR 772-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 27, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached the final estimate dated November 27, 2001, the Council does hereby authorize final payment in the amount of $3,400 34 to Advanced Tree Care, Inc , 300 Fenway Drive, Fenton, Michigan 48430, which sum includes the full and complete balance due in connection with the 2001 Tree and Stump Removal Program, which contract was authorized in Council Resolution 34-01, adopted on January 24, 2001, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications CR 773-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated November 16, 2001, approved for submission by the Mayor, to which is attached a communication from the Michigan Department of Transportation, dated October 31, 2001, requesting the waiver of any applicable City noise ordinance for the Michigan Department of Transportation in order to permit a 24-hour work day in connection with the reconstruction of Ann Arbor Road between the western City limits and Newburgh Road, the Council does hereby approve this request and does hereby waive all applicable work hour/noise control provisions of the Livonia Code of Ordinances for this specific project in order to best serve the overall interests of the public and to promote the prompt completion of this project, subject to the following conditions 1 This waiver is granted for this project only and can be withdrawn at any time by the City Engineer if it is found that the waiver is injurious to the public health, safety and welfare, 2 No pavement breaking will be done after 11 00 p m between Eckles Road and Ann Arbor Trail, 3 No unloading or paving requiring the slamming of tailgates or requiring backup warning signals will be permitted after 11 00 p m between Eckles Road and Ann Arbor Trail, and REVISED - SEE BOLD PRINT 33338 4 Storm sewer work will be permitted at all times to reduce lane closures CR 774-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated November 9, 2001, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the improvement of Lamont Street, from 130 feet north of Joy Road to 200 feet south of Northfield Avenue in the Southeast 1/4 of Section 31 (S.A.D No 401 - Contract 00-R), the Council does hereby determine as follows 1 To authorize a revision and amendment to Special Assessment District No 401 in accordance with the revised assessment roll attached to the aforesaid communication so as to decrease the total assessment as set forth in the confirmed assessment roll for Special Assessment District No 401 from $152,371 55 to $133,968 96, with the assessments to be reduced to the assessment rate of $68 00 per assessable foot, which amendment will reflect actual costs incurred in this project; 2 To establish the final project cost at $133,968 96, of which $62,560 00 is to be charged to the Special Assessment District, and $71,408 96 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts, 3 To authorize an expenditure in the amount of $133,968 96 from the General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($62,560 00), and from the Michigan Transportation Fund (Local Road Account) receipts ($71,408 96), and 4 To authorize final payment to the contractor in the amount of $8,270 10 and the City Assessor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution CR 775-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the City Engineer and the Director of Community Resources, dated November 30, 33339 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Premacon, Inc , 24151 Telegraph Road, Suite 120, Southfield, Michigan 48034, for completing all work required in connection with the Civic Park Senior Center Addition and Renovation Project (Contract 01-P) in the total amount of $1,007,000 00 (with the inclusion of Alternate Bids 2 and 3), FURTHER, the Council does hereby authorize an appropriation and expenditure in the amount of $1,237,000 00 from the Unexpended Fund Balance of the Community Recreation Fund (208) for this project; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 776-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated November 27, 2001, submitted pursuant to Council Resolution 329-01, and a letter from Eric J Fitzpatrick, 9327 Montana, Livonia, Michigan 48150, dated February 8, 2001, with regard to the safety, aesthetics and environmental concerns of excessive or inappropriate outdoor lighting at various businesses throughout the City, the Council does hereby approve of the City of Livonia Outdoor Lighting Policy, dated October 31, 2001, as attached to the aforementioned report from the Department of Law and does hereby request that the Planning Department and/or Inspection Department take all steps necessary to implement this policy CR 777-01 Whereas, the protection of public safety and the facilitation of commerce and travel through maintenance of highways, roads and streets under its jurisdiction is one of the most important duties of City government, and Whereas, the City of Livonia will be forced to delete approximately $180,000 worth of planned road work during 2002, due to a dramatic increase in the price of road salt, and Whereas, the circumstances under which the City's traditional sources of road salt have dried up and could lead reasonable persons to suspect collusion among salt suppliers, and the City has been given no reasonable explanation for the alleged region-wide scarcity of this vital, though historically common commodity, and 33340 Whereas, the City lacks the authority to investigate and compel the cooperation of suppliers in the determination of its cause, NOW, THEREFORE, IT IS HEREBY RESOLVED 1 The City Council of the City of Livonia hereby requests that the Attorney General of the State of Michigan and the Attorney General of the United States through their appropriate departments and agencies conduct an investigation into the causes of the alleged scarcity of road salt in southeastern Michigan, including the possible occurrences of collusion and price fixing by suppliers of this commodity 2 The City Council of the City of Livonia further requests that the Michigan Legislature and the United States Congress consider appropriate legislation to insure the adequate future supply of road salt in this state and all other states which face the hazards of snow and ice-covered highways, streets and roads 3 The City Council of the City of Livonia directs that copies of this resolution be directed to the Governor, the Attorney General of Michigan, the Attorney General of the United States through the Office of the United States District Attorney for the Eastern District of Michigan, the State Director of Transportation, Senators Carl Levin and Deborah Stabenow, Congressman Joseph Knollenberg and Congresswoman Lynn Rivers, State Senator Thaddeus McCotter, State Representatives Laura Toy and John Stewart, and the Cities and Villages of Wayne, Oakland and Macomb Counties CR 778-01 RESOLVED, that having considered the report and recommendation from the City Planning Commission, dated November 27, 2001, which transmits its resolution 11-187-2001, adopted on November 20, 2001, with regard to Petition 01-9-2-17 submitted by Enterprise Rent-A-Car requesting waiver use approval to operate a rental car business at the intersection of Ann Arbor Road and Ann Arbor Trail between Newburgh and Richland Avenue in the Northeast 1.14 of Section 31, which property is zoned C-2, the City Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01-9-2-17 is hereby approved and granted, subject to the following conditions 33341 1 That the maximum number of rental vehicles to be parked on the site at any one time shall be limited to nine (9) and all rental vehicles shall be stored in the parking area directly behind, or west of, the subject building, 2 That rental vehicles available at this facility shall not include cargo vans, 15 passenger vans, box trucks or other vehicles of similar or larger size, 3 That the parking spaces in front of the subject building shall be used for customer parking only and not large vehicles, 4 That the Site Plan/Landscape Plan marked Sheet 1 prepared by Gazall, Lewis & Associates Architects, Inc , with a revision date of November 14, 2001, is hereby approved and shall be adhered to, 5 That the Exterior Building Elevations Plan marked Sheet 2 prepared by Gazall, Lewis & Associates Architects, Inc , with a revision date of November 14, 2001, is hereby approved and shall be adhered to, 6 That all brick used on the subject building shall be full-face four inch (4") brick, no exception, 7 That all planted materials shown on the above-referenced Site Plan/Landscape Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 8 That underground sprinklers are to be provided for all landscaped and sodded areas, 9 That the issues outlined in the correspondence dated October 10, 2001 from the Inspection Department pertaining to maintenance of landscaping, resealing and double striping of parking areas and the need for additional parking blocks shall be rectified to that department's satisfaction, 10 That this approval is subject to the petitioner being granted variances by the Zoning Board of Appeals for deficient setback of parking spaces from street rights-of-way and for deficient site area, 11 That wall signage shall consist of one sign on the front elevation not to exceed fifty (50) square feet in area, 33342 12 That this approval shall incorporate the following comments listed in the correspondence dated September 28, 2001 from the Traffic Bureau a That one (1) properly signed handicapped parking space shall be provided, b That stop signs shall be posted at the exits, 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 14 That space number one is to be eliminated and replaced with landscaping similar in nature to the adjacent island CR 779-01 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Borg Warner Powdered Metals, Inc , dated November 27, 2001, covering new industrial facilities to be located within City of Livonia Industrial Development District 56, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the Legislative bodies of the governmental units deriving property taxes from the property that will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, February 6, 2002, at 7 00 p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, February 6, 2002, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application CR 780-01 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 33343 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, February 11, 2002, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 01-8-1-9, submitted by William L Roskelly for a change of zoning of property known as Lots 1137 to 1146 and Lots 1167 to 1176, and the east 1/2 of vacated Hubbard Road adjacent to Lots 1167, 1168 and the south 29 66 feet of Lot 1169, Rosedale Gardens No 4 Subdivision, located on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road in the Northeast 1/4 of Section 34 from PL to R-1, the City Planning Commission in its resolution 11-183-2001 having recommended to the City Council that Petition 01-8-1-9 be approved as amended so as to rezone this property to R-2, and (2) Petition 01-9-1-10 submitted by Allie Investment Company for a change of zoning of property located on the east side of Fremont Avenue between Norfolk Avenue and Bretton Road in the Northeast 1/4 of Section 2 from RUFA to R-1, the City Planning Commission in its resolution 11-185-2001 having recommended to the City Council that Petition 01-9-1-10 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 amendments 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 781-01 RESOLVED, that having considered a communication dated November 29, 2001 from Charles G Tangora, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, on behalf of Jaafar Investment Group, which in accordance with the provisions of 33344 Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on November 20, 2001, by the City Planning Commission in its resolution 11-178-2001 with regard to a request to amend a previously approved site plan, Petition 97-8-8-21, submitted by Jaafar Investment Group, on behalf of Sunoco Gas Station, in order to construct a trash dumpster enclosure for the gas station located at 29401 Seven Mile Road in the Northeast 1/4 of Section 11, the Council does hereby designate Wednesday, February 6, 2002, at 7.00 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 No 53, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan NAYS None Councilmember Duggan left the podium at 8 38 p m due to a conflict of interest. On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was CR 782-01 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated November 19, 2001, approved for submission by the Mayor, to which is attached a letter from Duane J Bauer, Treviso Construction Company, Inc , dated November 7, 2001, requesting elimination of the sidewalk requirement in front of two new residences located at 16680 and 16700 Savoie, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject properties would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area 33345 A communication from Eric Fitzpatrick, 9327 Montana, Livonia, 48150, dated December 19, 2001, re outline of his ideas relative to the City's proposed Outdoor Lighting Policy, was received and placed on file for the information of the Council (Agenda Item #10) Councilmember Duggan returned to the podium at 8 39 p m On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 783-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 27, 2001, submitted pursuant to Council Resolution 338-01, regarding the subject of sidewalks in connection with new construction, the Council does hereby determine to take no further action with regard to this matter A communication from the Director of Inspection, dated August 23, 2001, re a Letter of Agreement between Thomas Wade and All City Refrigeration, 32425 Eight Mile Road, Livonia, 48152, relative to landscaping and installation of a berm at this property location, was received and placed on file for the information of the Council (CR 454-01) A communication from All City Refrigeration, dated August 21, 2001, re landscaping and installation of a berm as it pertains to a new parking lot arrangement at 32425 Eight Mile Road, Livonia, 48152, was received and placed on file for the information of the Council (CR 454-01) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 784-01 RESOLVED, that having considered report and recommendation of the Committee of the Whole, dated November 27, 2001, submitted pursuant to Council Resolution 453-01, and a 33346 statement by Thomas Wade, 20495 Hubbard, Livonia, Michigan 48152, with regard to his concerns of a construction site by All City Refrigeration adjacent to his property, the Council does hereby determine to take no further action with regard to this matter A communication from Craig Corbell of Hunters Grove LLC, dated December 11, 2001, re transmitting the main road rear elevations and the south entrance taper lane drawing relative to Hunters Grove Condominiums, was received and placed on file for the information of the Council (Petition 00-12-2- 38) A communication from the Engineering Division, dated December 7, 2001, re deceleration taper lane on Newburgh Road at Hunters Grove Condominiums, was received and placed on file for the information of the Council (Petition 00-12-2-38) The Main Road Rear Elevations, dated November 27, 2001, presented by Craig Corbell of Hunter Homes, re Hunters Grove Condominiums proposed to be located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 00-12-2-38) The Front Elevations, dated November 23, 2001, presented by Craig Corbell of Hunter Homes, re Hunters Grove Condominiums proposed to be located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 00-12-2-38) A Traffic Analysis, dated August 7, 2001, presented by Tetra Tech MPS, re the evaluation of the operation of driveways for the proposed Hunters 33347 Grove Condominiums located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 00-12-2-38) A Site Plan presented November 27, 2001, with a revised date of August 6, 2001, re proposed Hunters Grove Condominiums located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 00-12-2-38) Don Sedestrom, 37637 Sherwood Court, Livonia, 48154, presented a letter from Vicki Hicks, 35758 Sherwood Court, Livonia 48154, in which she reiterates her comments made at an earlier meeting Mr Sederstrom also stated that he would like to have a taper lane included similar to one that is by the Post Office (Petition 00-12-2-38) Petitioner Craig Corbell, 3941Telegraph Road, Suite 207, Bloomfield Hills, MI 48302, addressed the topic of a taper lane, and stated that he is relying on the information that the engineers have been relaying to him (Petition 00-12-2-38) Nancy Pierson, 15699 Liverpool, Livonia, 48154, stated that she lives adjacent to the proposed condos and was originally in support of the development. Now she feels that the petitioner is not living up to his promises because he did not leave as many trees standing as he had said he would She also presented an informational packet regarding the petitioner and a development by Hunter Homes constructed in Plymouth Township (Petition 00- 12-2-38) Petitioner Craig Corbell, 3941 Telegraph Road, Suite 207, Bloomfield Hills, MI 48302 stated that he would include additional trees in response to Ms. Pierson's statement. (Petition 00-12-2-38) On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 785-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 27, 2001, submitted pursuant to Council Resolution 526-01, with regard to Petition 00-12-2-38, submitted by Craig Corbell of Hunter Homes, Inc , requesting waiver use approval to construct a Planned 33348 Residential Development on property located on the east side of Newburgh Road between Five Mile Road and Ladywood Road in the Southwest 1/4 of Section 17, which property is zoned R-9, the Council does hereby approve the screening, rear elevations, and installation of a taper lane on northbound Newburgh Road, subject to the following conditions 1 That the screening as presented in the site plan presented November 27, 2001 and dated Rev 8/6/01, shall be adhered to, 2 That the rear elevations, received on December 10, 2001, as presented at the Regular Meeting of the City Council held on December 19, 2001 shall be adhered to, and 3 That there be a taper included on northbound Newburgh Road in connection with this petition, and 4 That all landscaping shall be installed on all common areas on or before August 1, 2002 A communication from the Planning Department, dated December 12, 2001, indicating that a valid protest is in existence relative to the James Towne Condominiums located at 27480 Five Mile Road, was received and placed on file for the information of the Council (Petition 00-6-1-13 Communications from Joseph Trupiano, Jr , President of the Marney Group, P 0 Box 531442, Livonia, 48153-1442, dated December 15, 2001 and December 17, 2001, respectively, re a request to reschedule the matter of the proposed James Towne Condominiums to be located at 27480 Five Mile Road to the Council meeting of January 16, 2002, because he will not be in town for the Council meeting of December 19, 2001, was received and placed on file for the information of the Council (Petition 00-6-1-13) The following persons spoke opposing the rescheduling of the Petition 00-6-1-13 to the meeting of January 16, 2002 33349 Jason and Mary Councilman, 15365 Green Lane, 48154 Kevin Sikes, 15326 Foch, 48154 Joyce Miller, 15345 Green Lane, 48154 Alexandra Cleveland, 15433 Green Lane, 48154 Lucy Alderman, 15317 Green Lane, 48154 Sandra Jacob Troy Bouno, 15440 Foch, 48154 On a motion by Laura, seconded by Vandersloot, it was CR 786-01 RESOLVED, that considering the letter of the Marney Group relative to a proposed amendment to rezoning Petition 00-6- 1-13 for the proposed James Towne Condominiums, located at 27480 Five Mile Road in the Southeast 1/4 of Section 13, such letter asking for rescheduling of this item due to the absence of the petitioner, the Council does hereby postpone this matter until the Regular Council meeting of January 16, 2002. A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Vandersloot, Walsh and Pastor NAYS Duggan, Engebretson and Brosnan The President declared the resolution duly adopted A communication from Joseph Trupiano, Jr , President of the Marney Group, P0 Box 531442, Livonia, 48153-1442, dated December 15, 2001, re a request to reschedule the matter of approving a revised site plan for the proposed James Towne Condominiums to be located at 27480 Five Mile Road to the Council meeting of January 16, 2002, because he will not be in town for the Council meeting of December 19, 2001, was received and placed on file for the information of the Council (Petition 01-7-8-23) On a motion by Laura, seconded by Vandersloot, it was CR 787-01 RESOLVED, that considering the letter of the Marney Group relative to Petition 01-7-8-23 for a proposal to construct a residential condominium development located at 27480 Five Mile Road in the Southeast 1/4 of Section 13, such letter asking for 33350 rescheduling of this item due to the absence of the petitioner, the Council does hereby postpone this subject this matter until the Regular Council meeting of January 16, 2002. A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Vandersloot, Walsh and Pastor NAYS Duggan, Engebretson and Brosnan The President declared the resolution duly adopted On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 788-01 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 20, 2001, approved for submission by the Mayor, the Council does hereby approve the request to add a Self-Directed Brokerage Option to the City's Section 457 Deferred Compensation Plan, the cost of which shall be a $50 00 annual account fee, as well as transaction fees for trading stocks or certain mutual funds, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the necessary documents with Nationwide Retirement Solutions and CSFB Direct and to do all other things necessary or incidental to the full performance of this resolution A communication from the Department of Finance, dated December 18, 2001, re Nationwide Self-Directed Brokerage Option and this company's inability to waive the $50 00 per participant annual fee for this option, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 789-01 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 20, 2001, approved for submission by the Mayor, wherein it is requested that a Self-Directed Brokerage Option be added to the City's Section 457 Deferred Compensation Plan, the cost of which 33351 shall be a $50 00 annual account fee, as well as transaction fees for trading stocks or certain mutual funds, the Council does hereby refer this item, and the subject of soliciting bids from other providers, to the Finance, Insurance and Budget Committee for its report and recommendation A communication from North American Signs, P 0 Box 30, South Bend, IN 46628-4346, on behalf of CVS Pharmacy, dated December 18, 2001, re Petition 01-8-SN-2 for a Sign Permit Application for a commercial building located at 29500 Five Mile Road in the Southeast 1/4 of Section 14, requesting that this matter be rescheduled until the Regular Council meeting of January 16, 2002, due to the absence of the petitioner, was received and placed on file for the information of the Council A communication from North American Signs, P 0 Box 30, South Bend, IN 46624-0030, on behalf of CVS Pharmacy, dated December 19, 2001, re withdrawing their request for a Sign Permit Application for a commercial building located at 29500 Five Mile Road in the Southeast 1/4 of Section 14, was received and placed on file for the information of the Council (Petition 01-8-SN- 2) On a motion by Laura, seconded by Walsh, and unanimously adopted, it was. CR 790-01 RESOLVED, that having considered a letter from North American Signs, P 0 Box 30, South Bend, IN 46628-4346, on behalf of CVS Pharmacy, dated December 19, 2001, withdrawing their request for a Sign Permit Application for a commercial building located at 29500 Five Mile Road in the Southeast 1/4 of Section 14, the Council does hereby determine to take no further action on this subject matter On a motion by Pastor, seconded by Laura, and unanimously 33352 adopted, it was. CR 791-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated November 28, 2001, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding a proposed City-wide Street Replacement and Repair Program and proposed methods of funding such program, and the Council having held a public hearing on this matter on November 28, 2001, pursuant to Council Resolution 634-01, the Council does hereby concur in the Alternative 2 recommendation listed in the aforementioned report wherein a ten (10) year limited term millage of 0 89 mills would be placed on the ballot of the August, 2002 Primary Election to fund a comprehensive City Pavement Maintenance and Repair Program, FURTHER, the Council does hereby request that the Department of Law prepare proposed ballot language necessary to implement this funding alternative and to prepare for submission to Council a timeline of required steps necessary to place this issue on the August, 2002 election ballot. A communication from Ron Mardiros, 32032 Schoolcraft, Livonia, 48150, received December 17, 2001, re instituting a bond revenue issue instead of a millage to pay for a City-wide Street Replacement and Repair Program, was received and placed on file for the information of the Council A communication from Albert Mughannem, 30909 Roycroft, Livonia, 48154, dated December 10, 2001, re suggesting that main road resurfacing projects be completed with concrete materials rather than asphalt materials relative to a City-wide Street Replacement and Repair Program, was received and placed on file for the information of the Council A communication from the Engineering Division, dated December 17, 2001, to which is attached a letter from ERES Consultants, re revised proposal for updating Pavement Management System in the City of Livonia, was received and placed on file for the information of the Council 33353 A communication from the Public Service Division, dated December 18, 2001, re specific recommendations made by the Administration for the City- wide Street Replacement and Repair Program, was received and placed on file for the information of the Council Bill Craig, 20050 Milburn, Livonia, 48152, spoke in favor of the concept of a City-wide Street Replacement and Repair Program Alan Wakenhut, 11300 Cranston, Livonia, 48150, spoke in favor of the concept of a City-wide Street Replacement and Repair Program, but he has recently spent $3,800 00 for street repairs in Old Rosedale Gardens Subdivision, and wondered if this particular subdivision could be exempt from the proposed program Mayor Kirksey informed Mr Wakenhut that he would follow up and look into this matter On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was. CR 792-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated November 28, 2001, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding the City-wide Street Replacement and Repair Program and proposed methods of funding such program, and the Council having held a public hearing on this matter on November 28, 2001, pursuant to Council Resolution 634-01, the Council does hereby refer the subject of the establishment of a Citizens Advisory Committee to provide recommendations regarding the proposed City-wide Street Replacement and Repair Program to the Mayor to take all steps necessary to accomplish same as recommended in the aforementioned report and recommendation On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 793-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated November 28, 2001, which bears the signature of the Finance Director and is approved for submission by the Mayor, 33354 regarding the City-wide Street Replacement and Repair Program and proposed methods of funding such program, the Council does hereby authorize ERES Consultants, Inc., 9030 Red Branch Road, Suite 210, Columbia, MD 21045-2116, to field survey and update the Pavement Management System for the total amount of $112,000 00, in accordance with its proposal dated January 31, 2001, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $41,500 00 from the Major Road Unexpended Fund Balance and $70,500 00 from the Local Road Unexpended Fund Balance for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company; FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 2 of the Livonia Code of Ordinances, as amended On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 794-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2001, which sets forth its resolution 10-147-2001, adopted on October 2, 2001, with regard to Petition 00-8-1-16, submitted by S & N Development Co , LLC for a change of zoning of property located on the Northwest corner of Seven Mile Road and Victor Parkway (19250 Victor Parkway), in the Southeast 1/4 of Section 6, from POI to OS, and the Council having conducted a public hearing with regard to this matter on December 5, 2001, pursuant to Council Resolution 687-01, the Council does hereby approve Petition 00-8-1-16 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was 33355 CR 795-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2001, which sets forth its resolution 10-152-2001 adopted on October 2, 2001, with regard to Petition 01-3-6-3, submitted by the City Planning Commission, pursuant to Council Resolution 539-01, to determine whether or not to amend Sections 10 02 and 10 03 of Article X and Sections 11 02 and 11 03 of Article XI of the Zoning Ordinance so as to designate drive-up windows for all types of businesses as waiver uses, and the Council having conducted a public hearing with regard to this matter on Wednesday, December 5, 2001, pursuant to Council Resolution 667-01, the Council does hereby approve Petition 01-3-6-3 for preparation of the ordinance for submission to Council, including the addition of the language that drive up windows must be related to the principal use of the business, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 796-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2001, which sets forth its resolution 10-153-2001 adopted on October 2, 2001, with regard to Petition 01-7-6-8, submitted by the City Planning Commission, pursuant to Council Resolution 354-01, to determine whether or not to amend Section 18 58 of Article XVIII of the Zoning Ordinance to establish a 60-day time limit from the date a site plan is approved by Council for the submittal of any additional information, such as landscape plans and signage, and the Council having conducted a public hearing with regard to this matter on Wednesday, December 5, 2001, pursuant to Council Resolution 667-01, the Council does hereby approve Petition 01-7-6-8 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution During the audience communication portion of the agenda, Councilmember Duggan reviewed the promises that he made in his election campaign and that have come to fruition, with the help of his fellow Councilmembers He thanked the Mayor, department heads, city employees and citizens of Livonia and his family for their help and support. On a motion by Pastor, seconded by Duggan and unanimously 33356 adopted, it was CR 797-01 RESOLVED, that upon the recommendation of Councilmembers Pastor and Duggan, the Council does hereby refer the subject matter of newspapers and handouts delivered to the doors of homeowners to the Administration for a report and recommendation Council President Brosnan thanked the volunteers of Cable Channel 8 for their service and efforts in televising the many City meetings throughout the year On a motion by Duggan, seconded by Pastor, and unanimously adopted, this 1,455th Regular Meeting of the Council of the City of Livonia was adjourned at 10 17 p m , December 19, 2001 Z4;it Jaan McCotter, City Clerk I L.