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HomeMy WebLinkAboutCOUNCIL MINUTES 2002-02-27 33424 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTY-NINTH REGULAR MEETING OF FEBRUARY 27, 2002 On February 27, 2002, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Taylor delivered the invocation Roll was called with the following result: Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan and Jack Engebretson Absent: None Elected and appointed officials present. Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk and Karen Szymula, Director of Legislative Affairs On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 91-02 RESOLVED, that the minutes of the 1,458th Regular Meeting of the Council held February 13, 2002 are hereby approved as submitted During audience communication, Ralph Williams, 18630 Foch, 48152, voiced his displeasure with alternate delivery systems that hang bags from residents' mailboxes Councilmember Brosnan observed that this matter is under consideration, and will be addressed at a future meeting Jan Alfonso, 9918 Hubbard, 48150, announced the formation of an organization known as "Friends of Open Spaces in Livonia" (FOSIL) whose objective is to protect the said open spaces Councilmember Brosnan wished her grandmother, Gertrude Miller, congratulations on her 90th birthday A communication from the Director of Finance, dated February 22, 2002, re the corporate structure of Kimball Power Company, a third-party electricity provider, 33425 as it relates to the City's enrollment in the Michigan Municipal Risk Management Authority (MMRMA) Electric Choice Program, was received and placed on file for the information of the Council (Agenda Item #6) On a motion by Brosnan, seconded by Taylor, it was CR 92-02 RESOLVED, that having considered a letter from the Show Chairman of the Livonia Woodcarvers Club, dated February 13, 2002, in connection with the Annual Woodcarving Show to be conducted at Monaghan Knights of Columbus Hall on Saturday, August 24, 2002, and which requests permission to display temporary advertising signs from Saturday, August 17, 2002 through Saturday, August 24, 2002, which signs will be 18" x 22" in size and will be displayed at all major intersections of the City, the Council does hereby approve and grant this request in the manner and form herein submitted CR 93-02 RESOLVED, that having considered Petition 02-2-3-2 submitted by Thomas Jablonski, Joe Winter, Mark Lamirand, Florence Deshler and Susan Anderson, dated February 7, 2002, wherein a request is submitted for the vacating of Harrison Avenue right-of-way located north of Six Mile Road between Middlebelt and Ink:der Roads that borders ji property at 17255 Carol, 17239 Carol, 17221 Carol and 17207 Carol in the Southeast 1/4 of Section 12, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance CR 94-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated February 6, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Resolution No 2578-02, adopted by the Parks and Recreation Commission at its regular meeting held on January 7, 2002, wherein it is recommended to extend the 2001 golf rates approved in Council Resolution 206-00 to the 2002 season, with the exception of league and outing rates, and to approve the golf rates for the 2003 season, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and the following greens fees, league play and outing fees shall be as follows 2002 RATE 2003 RATE WEEKDAY Resident 9 holes $13 00 $13 50 18 holes 18 00 19 00 Non-resident 9 holes 17 00 17 50 18 holes 24 50 25 50 33426 Junior 9 holes 6 25 7 00 Senior 18 holes 9 holes 6 25 7 00 18 holes 10 50 11 50 10 50 11 50 Twilight - Resident 8 00 8 50 Twilight- Non-resident 11 50 12.00 Winter Rate 9 25 10 00 WEEKEND Resident 9 holes $15 00 $15 50 18 holes 21 00 22.00 Non-resident 9 holes 18 50 19 00 18 holes 26 50 27 50 LEAGUE PLAY 9 Holes $16 50 $16 50 OUTINGS* Mon - Fri**9 holes $16 50 $16 50 Mon - Fri**18 holes 24 00 24 00 Sat - Sun **9 holes 19 00 19 00 Sat - Sun**18 holes 26 00 26 00 *No outing on holidays. **Includes reservation fee for guaranteed starting time CR 95-02 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated February 6, 2002, approved for submission by the Mayor, to which is attached recommended final budget adjustments for Fiscal Year 2001, the Council does hereby authorize the said budget adjustments and transfers in the manner and form herein submitted CR 96-02 RESOLVED, that having considered the report and recommendation from the Director of Finance, dated February 6, 2002, approved for submission by the Mayor, wherein it is recommended that the various financial institutions listed in the aforementioned report be approved as authorized depositories of City funds, which will allow the City to collect property tax payments and water bills, as well as purchase Certificates of Deposit at these locations, the Council does hereby concur in and approve of this action in accordance with Chapter VII, Section 11 of the City Charter and the following financial institutions are designated as authorized depositories of City funds Bank One Catholic Parishes Federal Credit Union Comerica Bank Community Choice Credit Union Dearborn Federal Credit Union Fifth Third Bank 33427 First Federal of Michigan Flagstar Bank Merriman Drugs Midwest Guaranty Bancorp National City Bank Standard Federal Bank Sterling Bank & Trust CR 97-02 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated February 4, 2002, approved for submission by the Mayor, wherein approval is requested to allow the City to join together with other local Michigan governmental entities to cooperatively purchase electricity for municipal purposes, the Council does hereby authorize the Mayor and City Clerk to execute the Electric Choice Program Agreement with the Michigan Municipal Risk Management Authority (MMRMA), 14001 Merriman Road, Livonia, Michigan 48154, for and on behalf of the City of Livonia, in the manner and form herein submitted, subject to approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby designate the Director of Finance to be the City's Member Representative for the Electric Choice Program in accordance with Section 10 2 of this Agreement. CR 98-02 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated February 6, 2002, approved for submission by the Mayor, which indicates that the Housing Commission has recommended adjustments in the admission and continued occupancy income limits for Silver Village, Newburgh Village and City-owned homes, the Council does hereby concur and approve of the recommended action with respect to admission income limits and does hereby approve the following adjustments ADMISSION Present Income Limits Revised Income Limits One Person $36,750 $38,100 Two Persons $42,000 $43,500 Three Persons $47,250 $48,950 Four Persons $52,500 $54,400 Five Persons $56,700 $58,750 Six Persons $60,900 $63,100 CR 99-02 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, 33428 dated February 4, 2002, approved for submission by the Mayor, and to which is attached a report containing a brief explanation of the 2002-2003 Community Development Block Grant (CDBG) Program, the Council does hereby take this means to indicate its informal approval of the proposed program and budget and does further authorize the conducting of a public hearing on this matter for public comment so that thereafter a final program and budget will be prepared for submission to the City Council CR 100-02 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated January 30, 2002, approved for submission by the Mayor, and to which is attached a proposed HOME Grant Agreement between the Michigan State Housing Development Authority and the City of Livonia for the Homebuyer Assistance Program, the Council does hereby authorize the Executive Director of the Housing Commission, for and on behalf of the City of Livonia, to execute the Grant Agreement in the manner and form herein submitted CR 101-02 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 22, 2002, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution No 612-01, adopted on September 5, 2001, so as to reduce the financial assurances now on deposit with the City for General Improvements to zero ($0 00) and Sidewalk Improvements to $3,000 00 cash, in the Kenwood Meadows Subdivision No 2, located in the northeast 1/4 of Section 24, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, the Council does hereby authorize the release to Leo Soave Building Co Inc., 34822 Pembroke, Livonia, Michigan 48152, the proprietor of the Kenwood Meadows Subdivision No 2 of the financial assurances previously deposited with respect to General Improvements in the amount of $10,000 00 and the Sidewalk Improvements in the amount of $2,000 00, FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged CR 102-02 WHEREAS, Chapter 7 of the Wayne County Storm Water Management Ordinance, Enrolled Ordinance No 200-652 (October 23, 2000) ("Wayne County Ordinance"), requires storm water management systems to be maintained in perpetuity to ensure that the systems function properly as designed, WHEREAS, Rule 801 of the Wayne County Storm Water Management Administrative Rules ("Administrative Rules") requires applicants for storm water construction approval to submit long-term maintenance plans as part of an application for storm water construction approval, 33429 WHEREAS, Baki Unique Home Builders, Inc. ("Developer") has applied to 1.0 the Wayne County Department of Public Services for a storm water construction approval with respect to a project named Shay Estates Cluster Housing ("Project") located on the south side of Seven Mile Road, west of Wayne Road in the City of Livonia, WHEREAS, Developer's application for storm water construction approval has been assigned permit review number R01-680, WHEREAS, Developer submitted a plan to the County and City of Livonia entitled Storm Maintenance Schedule ("Plan") for long-term maintenance of the storm water management system(s) at the Project pursuant to Rule 801, which Plan has been tentatively approved by the County pending issuance of this resolution and has been accepted by the City of Livonia, and WHEREAS, the City of Livonia has agreed to assume jurisdiction and accept responsibility for long-term maintenance of storm water management system(s) at the Project in perpetuity; NOW THEREFORE BE IT RESOLVED, that the City of Livonia assumes jurisdiction over and accepts responsibility for long-term maintenance of storm water management system(s) at the Project pursuant to the Wayne County Ordinance, the Administrative Rules, the Plan, and the storm water construction approval issued by Wayne County; BE IT FURTHER RESOLVED that approval be and is hereby granted, authorizing the City Engineer to execute, on behalf of the City of Livonia, Permit No R01-680 for long-term maintenance of storm water management system issued by Wayne County for the Project; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Department of Public Services CR 103-02 WHEREAS, Chapter 7 of the Wayne County Storm Water Management Ordinance, Enrolled Ordinance No 200-652 (October 23, 2000)("Wayne County Ordinance"), requires storm water management systems to be maintained in perpetuity to ensure that the systems function properly as designed, WHEREAS, Rule 801 of the Wayne County Storm Water Management Administrative Rules ("Administrative Rules") requires applicants for storm water construction approval to submit long-term maintenance plans as part of an application for storm water construction approval, WHEREAS, SJL Development of Livonia, L L.0 ("Developer") has applied to the Wayne County Department of Public Services for a storm water 33430 construction approval with respect to a project named Deerwoods Site Condominiums ("Project") located on the north side of Five Mile Road, east of Ellen in the City of Livonia, imp WHEREAS, Developer's application for storm water construction approval has been assigned permit review number R01-225, WHEREAS, Developer submitted a plan to the County and City of Livonia entitled Storm Maintenance Schedule ("Plan") for long-term maintenance of the storm water management system(s) at the Project pursuant to Rule 801, which Plan has been tentatively approved by the County pending issuance of this resolution and has been accepted by the City of Livonia, and WHEREAS, the City of Livonia has agreed to assume jurisdiction and accept responsibility for long-term maintenance of storm water management system(s) at the Project in perpetuity; NOW THEREFORE BE IT RESOLVED, that the City of Livonia assumes jurisdiction over and accepts responsibility for long-term maintenance of storm water management system(s) at the Project pursuant to the Wayne County Ordinance, the Administrative Rules, the Plan, and the storm water construction approval issued by Wayne County; BE IT FURTHER RESOLVED that approval be and is hereby granted, authorizing the City Engineer to execute, on behalf of the City of Livonia, Permit No R01-225 for long-term maintenance of storm water management system issued by Wayne County for the Project; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Department of Public Services CR 104-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 18, 2002, which bears the signature of the Director of Finance, is approved by the Superintendent of Parks and Recreation and approved for submission by the Mayor, to which is attached a summary outlining the final allocation of costs in connection with the 2000 Sidewalk Program pursuant to Council Resolution 210-00, the Council does hereby determine as follows 1 To establish the final project cost at $797,364 59 of which a total of $496,601 52 is to be charged to the Single Lot Assessments and $276,071 92 is to be charged to the following City Funds $22,739 53 to the Major Road Account and $232,357 87 to the Local Road Account and $20,974 52 to the Unexpended Fund Balance of the Water and Sewer Fund, 33431 2 To authorize an additional expenditure of $3,368 15 from Account No 101-707-974-000, the Land Improvement Fund, to cover costs related to softball diamonds and parks as directed by the Superintendent of Parks and Recreation, 3 To authorize an additional expenditure of $11,839 53 from the Major Road Account and $139,157 87 from the Local Road Account of the Michigan Transportation Fund to cover costs related to the construction or reconstruction of additional handicap ramps at major and local roads and other city costs and to cover the administrative costs connected with this work, and 4 To authorize final payment in the amount of $23,028 39 to Hard Rock Concrete, Inc , 38146 Abruzzi Drive, Westland, Michigan 48185, for additional work related to Contract 00-B upon final release of the punch list work by the Engineering Division CR 105-02 RESOLVED, that having considered a communication from the City Planning Commission, dated January 31, 2002, which transmits its resolution 01-15-2002, adopted on January 29, 2002, with regard to Petition 01-12-2-27, submitted by Jeff Williams on behalf of Playworld Amusements, requesting waiver use approval to conduct a carnival sponsored by the Livonia Rotary Club consisting of amusement rides, games and food concessions from April 24, 2002 through May 5, 2002, inclusive, on property located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01-12-2-27 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Playworld Amusements, which are April 24, 2002 through May 5, 2002, inclusive, 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 Plymouth Road right-of-way line, 4 That all trucks and other transportation-related vehicles and equipment shall be parked or stored within the southwesterly REVISED - SEE BOLD PRINT 33432 portion of the Wonderland Mall parking lot, but no closer than 200 feet from the adjacent residential properties to the south, 5 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m to 7 00 a m including motors on any refrigeration trucks, 6 That there shall be no housing trailers or other temporary living quarters to accommodate carnival employees on the Wonderland Mall site, except for the Security Trailer (limited to security personnel only), 7 That the hours of operation of the carnival shall be as stated in a letter dated January 2, 2002 from Jeff Williams, Routing Director of Playworld Amusements, which have been approved by the Police Department; and 8 That unobstructed access to any hydrants within the carnival area be provided for the Fire Department. CR 106-02 RESOLVED, that having considered a communication from the City Planning Commission, dated February 5, 2002, to which is attached a copy of its resolution 01-17-2002, adopted on January 29, 2002, in connection with Petition 01-10-7-2 wherein the Commission did amend Part I of the Master Plan of the City of Livonia, the Master Thoroughfare Plan, to incorporate changes in the transportation system as depicted on the plan entitled "Proposed Revisions to the City of Livonia Thoroughfare Plan", prepared by the City of Livonia Planning Department, dated January 16, 2002, the Council does hereby certify and acknowledge receipt of same, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution A communication from the Department of Law, dated February 4, 2002, re. the process by which the City of Dearborn's Zoning Board of Appeals handles multiple cases at a single monthly meeting, and the advantages and disadvantages of these processes, was received and placed on file for the information of the Council (CR 24-02) A communication from the Department of Law, dated January 30, 2002, re the matter of Zoning Board of Appeals absentee problems and the possibility of substitution of alternate members, and the recommendation of the Law Department 33433 relative to this issue, was received and placed on file for the information of the Council (CR 25-02) CR 107-02 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 30, 2002, approved for submission by the Mayor, submitted in connection with Council Resolution 25-02, with regard to the subject of absentee problems of the Zoning Board of Appeals and the possibility of substitution of members, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation CR 108-02 WHEREAS, pursuant to the direction of the City Council in its resolution 375-01, adopted on June 4, 2001, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of February 5, 2002 an assessment roll dated February 4, 2002 for the proposed improvement consisting of 4" thick asphalt pavement, 22 feet wide, with no curbs and roadside swales (Alternate IV) on Stamford Avenue, from Schoolcraft Road to 1050 feet North, in the Southeast 1/4 of Section 21, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 375-01, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the Office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the Office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, April 3, 2002 at 7 00 p m to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of April 3, 2002, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as imp their respective names and addresses appear on the most current assessment roll in the City Assessor's office 33434 CR 109-02 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, April 8, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 01-12-1-13, submitted by Mark Bak for a change of zoning of property located on the south side of Eight Mile Road between Meadow View Lane and Hickory Lane in the Northwest 1/4 of Section 6 from RUF to OS (Rural Urban Farm — 1/2 Acre Lots to Office Services), the City Planning Commission in its resolution 01- 11-2002 having recommended to the City Council that Petition 01- 12-1-13 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution CR 110-02 RESOLVED, that having considered a communication from Mark J Bak, dated February 7, 2002, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 29, 2002 by the City Planning Commission in its resolution 01-13-2002 with regard to Petition 01-10-2-22, submitted by Mark Bak requesting waiver use approval to operate a photographic studio on property located on the south side of Eight Mile Road between Meadow View Lane and Hickory Lane in the Northwest 14 of Section 6, which property is zoned RUFC, the Council does hereby designate Monday, April 8, 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 33435 in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia CR 111-02 RESOLVED, that having considered a communication from Michael Soave, dated January 31, 2002, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 29, 2002 by the City Planning Commission in its resolution 01-14-2002 with regard to Petition 01-11-2-26, submitted by Michael Soave requesting waiver use approval to develop single family cluster homes located at 32405 Seven Mile Road, south of Seven Mile Road, east of Brookfield in the Northwest 1/4 of Section 10, which property is zoned R-3, the Council does hereby designate Monday, March 25, 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 543, 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 Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and Engebretson NAYS None Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 01-10-3-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Laura, Knapp, Vandersloot, Dolan and Engebretson NAYS Brosnan The President declared the foregoing Ordinance duly adopted, and would 33436 become effective on publication On a motion by Knapp, seconded by Laura, it was WHEREAS, Livonia is currently a member of the Suburban Mobility Authority for Regional Transportation, also known as SMART, which provides tri-county bus service for Livonia residents and workers who are unable to operate a motor vehicle, and Whereas, Livonia's senior citizens are served by City-owned buses funded by the Senior Citizens Achievement Needs, also known as SCAN, and Whereas, Livonia taxpayers currently spend $1,367,886 annually to fund the SMART buses while the City of Livonia received back only $77,326 in community credits for the Livonia Community Transit Program, and Whereas, House Bills 5467 and 5468 of 2001 would create the conditions for a regional transportation authority known as the Detroit Area Regional Transportation Authority (DARTA) able to exist and operate separately from the SMART, and Whereas, the DARTA would require an additional, inordinate, and unnecessary tax burden on Livonia taxpayers to pay for a duplicative or more expansive transportation system, and Whereas, the taxpayers of the City of Livonia will be unable to opt out of the DARTA after the taxing authority is approved, and Whereas, declining revenues to the City of Livonia have strained the City budget, impaired the City's ability to provide vital services, and created the possibility that local taxes may have to be raised to adequately provide essential services such as road maintenance and police and fire protection, and Whereas, the City of Livonia must focus on more critical needs, including but not limited to, road repair and maintenance and replacement of an aging fleet of fire trucks Livonia has delayed as a result of budget shortfalls, rather than spend more taxpayer dollars on another transportation authority NOW, THEREFORE, BE IT RESOLVED that the Livonia City Council hereby expresses its opposition to House Bills 5467 and 5468 establishing the Detroit Area Regional Transportation Authority BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor John Engler, State Senator Thaddeus G McCotter, State 33437 Representative Laura M Toy, State Representative John Stewart, Wayne County Commissioner Lyn Bankes, Wayne County Commissioner Phil Cavanagh, the Michigan Municipal League and the Conference of Western Wayne Joan Smykowksi, 9826 Cranston, 48150, spoke in support of a new Regional Transportation Authority Carmine Palombo, Director of Transportation, SEMCOG, explained the proposal for the Detroit Area Regional Transportation Authority (DARTA) and spoke in favor of establishing this Authority Mayor Kirksey spoke to the subject matter of the proposed DARTA and mentioned some of the concerns that the Conference of Western Wayne has brought forth relative to this issue Bill Cook, 9911 Fairfield, 48150, spoke in support of having Livonia being included in the proposed legislation regarding DARTA On a motion by Taylor, seconded by Brosnan, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the communication from Councilmember Don Knapp, dated February 20, 2002, regarding a resolution opposing House Bills 5467 and 5468 establishing a new Detroit Area Regional Transportation Authority (DARTA), the Council does hereby determine to refer the subject matter to the Legislative Committee for a report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Taylor, Brosnan and Dolan NAYS Laura, Knapp, Vandersloot and Engebretson The President declared the motion to substitute denied for lack of majority vote A roll call vote was then taken on the originally proposed resolution by Knapp, seconded by Laura, as follows CR 112-02 WHEREAS, Livonia is currently a member of the Suburban Mobility Authority for Regional Transportation, also known as SMART, which provides tri-county bus service for Livonia residents and workers who are unable to operate a motor vehicle, and 33438 Whereas, Livonia's senior citizens are served by City-owned buses funded by the Senior Citizens Achievement Needs, also known as SCAN, and Whereas, Livonia taxpayers currently spend $1,367,886 annually to fund the SMART buses while the City of Livonia received back only $77,326 in community credits for the Livonia Community Transit Program, and Whereas, House Bills 5467 and 5468 of 2001 would create the conditions for a regional transportation authority known as the Detroit Area Regional Transportation Authority (DARTA) able to exist and operate separately from the SMART, and Whereas, the DARTA would require an additional, inordinate, and unnecessary tax burden on Livonia taxpayers to pay for a duplicative or more expansive transportation system, and Whereas, the taxpayers of the City of Livonia will be unable to opt out of the DARTA after the taxing authority is approved, and Whereas, declining revenues to the City of Livonia have strained the City budget, impaired the City's ability to provide vital services, and created the possibility that local taxes may have to be raised to adequately provide essential services such as road maintenance and police and fire protection, and Whereas, the City of Livonia must focus on more critical needs, including but not limited to, road repair and maintenance and replacement of an aging fleet of fire trucks Livonia has delayed as a result of budget shortfalls, rather than spend more taxpayer dollars on another transportation authority NOW, THEREFORE, BE IT RESOLVED that the Livonia City Council hereby expresses its opposition to House Bills 5467 and 5468 establishing the Detroit Area Regional Transportation Authority BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor John Engler, State Senator Thaddeus G McCotter, State Representative Laura M Toy, State Representative John Stewart, Wayne County Commissioner Lyn Bankes, Wayne County Commissioner Phil Cavanagh, the Michigan Municipal League and the Conference of Western Wayne, with the following result: AYES Taylor, Laura, Knapp, Vandersloot, Dolan and Engebretson 33439 NAYS Brosnan The President declared the resolution duly adopted On a motion by Taylor, seconded by Laura, it was CR 113-02 RESOLVED, that having considered the report and recommendation of the City Attorney, dated January 25, 2002, approved for submission by the Mayor, submitted pursuant to Council Resolution 755-01, regarding the request of Estate Millcreek, LLC for a sanitary sewer easement in Rotary Park, the Council does hereby refer this item to the Water, Sewer and Waste Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Laura, Brosnan, Vandersloot, Dolan and Engebretson NAYS Knapp The President declared the resolution duly adopted Bob Stockton, 17330 Fairfield, presented a history of Rotary Park, and stated his opposition to anything going through the Park or the Nature Preserve On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 114-02 RESOLVED, that having considered the report and recommendation of the City Attorney, dated January 25, 2002, approved for submission by the Mayor, the Council does hereby rescind Council Resolution 755-01, adopted on December 3, 2001, since the location of the requested sanitary sewer easement and use thereof does not conform to the requirements of Section 31 01 of the Livonia Zoning Ordinance On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was CR 115-02 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 No 56, and 33440 WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Borg Warner Powdered Metals, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Wednesday, February 6, 2002 at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Borg Warner Powdered Metals, Inc , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Borg Warner Powdered Metals, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 56 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facility Exemption Certificates On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was 33441 CR 116-02 RESOLVED, that having considered a communication from Charles G Tangora, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, on behalf of Jaafar Investment Group, dated November 29, 2001, which in accordance with the provisions of 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 refer this item to the Committee of the Whole for its report and recommendation On a motion by Taylor, seconded by Brosnan, it was RESOLVED, that the Council does hereby refer the subject of the creation of a new zoning designation for school property (such as Green Space or Community Services) and a possible change to the Future Land Use Plan in this regard to the Department of Law and/or Planning Department for a report and recommendation A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Brosnan and Knapp NAYS Laura, Vandersloot, Dolan and Engebretson The President declared the resolution failed for lack of a majority vote Council President Engebretson asked that the Minutes of the Public Hearing of February 11, 2002, regarding the rezoning of property located in Rosedale Gardens No 4 Subdivision, be revised to show that his absence from this meeting was due to illness On a motion by Laura, seconded by Knapp, it was CR 117-02 RESOLVED, that having considered a communication from the City Planning Commission, dated November 30, 2001, which sets forth its resolution 11-183-2001, adopted on November 20, 2001, with regard to 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 33442 PL to R-1, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Laura, Knapp, Vandersloot, Dolan and Engebretson NAYS Brosnan The President declared the resolution duly adopted On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 118-02 RESOLVED, that having considered a communication from the City Planning Commission, dated November 30, 2001, which sets forth its resolution 11-185-2001, adopted on November 20, 2001, with regard to 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 & Bretton Road in the Northeast 1/4 of Section 2, from RUFA to R-1, and the Council having conducted a public hearing with regard to this matter on February 11, 2002, pursuant to Council Resolution 780-01, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 01-9-1-10 is hereby approved and granted, 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 Brosnan, seconded by Vandersloot, and unanimously adopted, this 1,459th Regular Meeting of the Council of the City of Livonia was adjourned at 9 25 p m , February 27, 2002 7216 6/1E-Z Joan McCotter, City Clerk