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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-09-09 39322 MINUTES OF THE TWO HUNDRED FORTY-SECOND SPECIAL MEETING OF SEPTEMBER 9, 2005 On September 9, 2005, the above special 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 4 01 p m Roll was called with the following result: Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor Elected and appointed officials present: Jack Engebretson, Mayor; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Robert Schron, City Engineer; State Senator Laura Toy and Jordyn Godfroid, representing State Representative John Pastor A communication from Jennifer M Granholm, Governor of the State of two Michigan, dated September 8, 2005, re proposed amendment to the Livonia City Charter, was received and placed on file for the information of the Council Following is the text of the Governor's letter as read into the minutes by Councilmember Donald Knapp Val Vandersloot, Clerk City of Livonia 33000 Civic Center Drive Livonia, MI 48154 Dear Ms Vandersloot: I am writing regarding your request for approval of a proposed amendment to the Livonia City Charter A resolution proposing the charter amendment was approved by the Livonia City Council at its meeting held on June 8, 2005 The resolution indicated the proposal would be submitted to the electors at a special election on September 13, 2005 On July 6, 2005, the proposed charter amendment was readopted with a new date, November 8, 2005, for submission to the electors The proposed charter amendment authorizes the city (if the city first withdraws from the Wayne County Transportation Authority which funds are currently used in part for the operation of Minutes of the Special Meeting of September 9, 2005 39323 the Suburban Mobility Authority for Regional Transportation) to levy and collect annually starting July 1, 2006, an additional tax of up to one-half of a mill I have examined the charter amendment thoroughly and cannot approve it at this time The price of gasoline is at an all-time high in our state due to Hurricane Katrina and resulting interruptions in the flow of petroleum products. A regional transportation system in Wayne County offers citizens in the area a potential way of saving on gasoline and other transportation costs Further, the proposed charter amendment would authorize an additional tax on the citizens of Livonia to duplicate transportation services already in place and benefiting the entire region Adoption of the proposed charter amendment would have far-reaching implications for the citizens of Livonia. I recognize and respect the right of all citizens to have a say in the decisions that affect their every day lives. While I cannot approve this city council-initiated proposal for additional taxes that could jeopardize the success of regional transportation services, the Home Rule City Act provides that a charter amendment proposed by initiatory petition must be submitted to the electors, notwithstanding any objections Also, under Section 22 of the Home Rule City Act, the city council may reconsider the proposal and, if passed by two-thirds of the members-elect, submit it to the voters, notwithstanding any objections Sincerely yours, Jennifer M Granholm Governor Mayor Jack Engebretson presented a summary of the reasons for his calling this Special Meeting He stated that voters should have the ability to vote on this resolution, and encouraged Councilmembers to pass this resolution one more time Councilmember Knapp expressed anger at the Governor's action and said that this is the "heavy-hand of government trying to prevent the voters from their right to self- determination" Councilmember Kokenakes spoke and said he believes the Governor is expressing her support for regional transportation, but he will vote to support this resolution again Councilmember Godfroid-Marecki spoke and said she believes the Governor is promoting her own political views, and she will also vote to support this resolution again Councilmember McCann re-affirmed that voters should be given the opportunity to vote on this issue Councilmember Robinson also said that this proposal is best left to the citizens of Livonia to decide Council Vice-President Meakin re-affirmed his support of this resolution tiii. Minutes of the Special Meeting of September 9, 2005 39324 State Senator Laura Toy, 32602 Rayburn, Livonia, stated that the Governor had not contacted either her office or the office of State Representative John Pastor, and was disappointed at the lack of information coming from the Governor's office Joan Gebhardt, 35248 Leon, Livonia, candidate for City Council, expressed her views in favor of a regional transportation system. On a motion by McCann, seconded by Knapp, it was CR 449-05 WHEREAS, the City of Livonia currently contributes a significant amount of funds to the Wayne County Transportation Authority for the operation of SMART (Suburban Mobility Authority for Regional Transportation), and WHEREAS, the City of Livonia could more efficiently utilize a portion of these funds for the Livonia Community Transit program, resulting in enhanced services to Livonia residents, and WHEREAS, in the event that the City withdraws from the Wayne County Transportation Authority as provided in MCL 124 458, a portion of the funds previously contributed to the Wayne County Transportation Authority for the operation of SMART could instead be utilized for the Livonia Community Transit program, as well as to provide additional revenues for capital improvements in the City, and would offer a solution to the critical budget challenges facing the City while at the same time result in a net decrease in taxes for Livonia residents, and WHEREAS, the Council of the City of Livonia has determined that, only if the City first withdraws from the Wayne County Transportation Authority, it will be necessary to levy and collect a tax of 0 5 of 1 mill on all real and personal property subject to taxation in the City of Livonia for the purpose of providing additional revenues for the Livonia Community Transit program as well as for capital improvements in the City, in addition to amounts previously authorized, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed Section shall read as follows Minutes of the Special Meeting of September 9, 2005 39325 CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1,1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999 in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002 in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per Minutes of the Special Meeting of September 9, 2005 39326 centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART)), to annually levy and collect taxes each year commencing on July 1, 2006 in an amount not to exceed five one-hundredths (51100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City. RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, Minutes of the Special Meeting of September 9, 2005 39327 supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1,1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999 in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002 in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the Regular City Election to be held on November 8, 2005, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: Shall the Livonia City Charter be amended for authority, only if Livonia first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART), to levy and collect annually commencing July 1, 2006, an additional tax not exceeding 0.5 of 1 mill for the City's community transit program and for capital improvements within the City? If levied in 2006, the estimated revenue in the first year Minutes of the Special Meeting of September 9, 2005 39328 from 0.5 of 1 mill would be approximately $2,395,311 00 Yes / / No / / RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Regular City Election to be held on November 8, 2005 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law A roll call vote was taken on the foregoing resolution with the following result AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None The President declared the resolution duly adopted On a motion by McCann, seconded by Robinson, and unanimously adopted, this 242nd Special Meeting of the Council of the City of Livonia was adjourned at 4 39 p m , September 9, 2005 d.,2 z..06Ze Val Vandersloot, City Clerk 39329 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FORTY-FOURTH REGULAR MEETING OF SEPTEMBER 14, 2005 On September 14, 2005, 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 Kokenakes delivered the invocation Roll was called with the following result: Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, and Gerald Taylor Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Scott Miller, Planner III, Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs and Ian Wilshaw, Traffic and Cable Commissions On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 450-05 RESOLVED, that the minutes of the 1,543rd Regular Meeting of the Council held August 31, 2005 are hereby approved as submitted On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 451-05 RESOLVED, that the minutes of the 242nd Special Meeting of the Council held September 9, 2005 are hereby approved as submitted Council President Taylor announced that a Public Hearing for the following item will be held on Wednesday, November 9, 2005 at 7 00 P m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Meeting of September 14, 2005 39330 Proposed Special Assessment Street Lighting Project — Wooded Creek Subdivision, South of Six Mile Road, located between Savoie Road and Harrison Avenue, N W 1/4 of Section 13 Establishment of the Assessment Roll On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was CR 452-05 WHEREAS, Eight Mile Road, known as M-102 or Baseline, was the first east-west line drawn in the State of Michigan Following the method set forth in the Federal Land Ordinance Act of 1785, it served as the model for modern surveying in the United States, upon which property boundaries in the State of Michigan are based, and WHEREAS, Eight Mile Road/Baseline serves as the State of Michigan's east-west surveying line forming the boundaries between southern Michigan counties and Illinois and Wisconsin, and WHEREAS, the first state fair in the United States of America, Michigan State Fair, is located along Eight Mile, and WHEREAS, Eight Mile Road derived this name by being located at a point directly eight miles north of the Detroit River and today serves as an east-west thoroughfare for communities in the southeastern Michigan region, and a connecter for intra-state travel, and WHEREAS, Eight Mile serves as the connecting corridor for the City of Detroit (the first City established in the Midwest) and its suburbs, and WHEREAS, The Mayor and City Council of the City of Livonia recognizes the importance of its growth and well-being are directly related to its presence along this important highway; THEREFORE BE IT RESOLVED, that Eight Mile Road be nominated as a "Michigan Heritage Route" and that the Michigan Department of Transportation should recognize Eight Mile Road as an important corridor to the State of Michigan and its growth, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Granholm, State Senator Laura Toy, State Representative John Pastor, State Representative Andy Dillon, the Michigan Municipal League State and Federal Affairs Division, the Conference of Western Wayne, and to the adjoining communities of Eight Mile Road Charter Meeting of September 14, 2005 39331 Township of Redford, Charter Township of Royal Oak, Detroit, Eastpointe, Farmington, Farmington Hills, Ferndale, Harper Woods, Hazel Park, Oak Park, Southfield, Warren, and the counties which Eight Mile Road crosses, Macomb, Oakland and Wayne to encourage their nomination of Eight Mile Road as a "Michigan Heritage Route" On a motion by Kokenakes, seconded by Robinson, it was CR 453-05 RESOLVED, that having considered an application from Karen Werden, 19651 Flamingo, dated August 29, 2005, requesting permission to close Flamingo between St. Martins and Bretton on Saturday, September 24, 2005, from 3 00 p m to 8 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 454-05 RESOLVED, that having considered an application from Jeff and Michele Tanderys, 36536 Marler, dated August 30, 2005, requesting permission to close Marler between Williams and Comstock on Saturday, September 17, 2005, from 5 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 455-05 RESOLVED, that having considered a letter from Mary Margaret Eckhardt, Pastor, and Kathleen Lefler, Church Life Coordinator, St. Matthew's United Methodist Church, dated August 14, 2005, which requests permission to display approximately twenty (20) 22" x 28" wire signs advertising a fundraiser event titled "The Pumpkin Patch" to be held at St. Matthew's United Methodist Church from October 15, 2005 through October 31, 2005, the purpose of which is to raise money for a variety of programs, mission trips and improvements to the building, which signs are to be installed no earlier than Sunday, October 2, 2005, and removed no later than Tuesday, November 1, 2005, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 456-05 RESOLVED, that having considered a letter from Donald F Priebe, on behalf of the Northwest Detroit Coin Club, dated August 19, 2005, which requests permission to display approximately six wire signs advertising a Fall Coin Show to be held at the Livonia Senior Center on Sunday, November 6, 2005, which signs are to be installed and removed on Sunday, November 6, 2005 at various locations in the City, the Council does hereby grant and approve this request in the Meeting of September 14, 2005 39332 manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 457-05 RESOLVED, that having considered a communication from the City Clerk, dated August 26, 2005, forwarding an application submitted by Kimberly A Stolar, 15798 Blue Skies, Livonia, Michigan 48154, for a therapeutic massage permit and in accordance with Ordinance No 2687, effective December 12, 2004, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 458-05 WHEREAS, the City Council of the City of Livonia, Wayne County, Michigan, does hereby find as follows WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, and local governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; WHEREAS, the collective input and guidance from all Federal, State, and local homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS, WHEREAS, it is necessary and desirable that all Federal, State, and local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, and local organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters, WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the Meeting of September 14, 2005 39333 city's/county's ability to utilize federal funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes, WHEREAS, the Incident Command System components of NIMS are already an integral part of various city/county incident management activities, including current emergency management training programs, and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the City Council of the City of Livonia, County of Wayne, Michigan, that the National Incident Management System (NIMS) is established as the City of Livonia's standard for incident management. CR 459-05 RESOLVED, that having considered the report and recommendation of the Finance Director and the Information Systems Director, dated August 12, 2005, approved for submission by the Mayor, in connection with the renewal of the Premier Standard Software Maintenance Agreement ("PSMA") 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 maintenance services related to computer software as indicated in the aforementioned report, for the period December 1, 2005, through November 30, 2008, for an annual cost as follows From December 1, 2005 to November 30, 2006 - $90,560 00 per year From December 1, 2006 to November 30, 2007 - $95,100 00 per year From December 1, 2007 to November 30, 2008 - $99,640 00 per year FURTHER, the Council does hereby authorize an expenditure in the amount of $27,000 00 from funds already budgeted in Account No 101-915-818-005 (Data Processing - Contractual Services - Consultant) and authorize an expenditure in the amount of $63,560 00 from funds already budgeted in Account No 101-915-851-020 (Data Processing - Computer Software Maintenance) for the first year of this Agreement, 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 and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in Meeting of September 14, 2005 39334 accordance with the provisions set forth in Section 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended CR 460-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated July 27, 2005, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and First Step for the period August 1, 2005, through July 31, 2006, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 461-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated July 27, 2005, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and Help Source for the period August 1, 2005, through July 31, 2006, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 462-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated July 27, 2005, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and the Fair Housing Center of Metropolitan Detroit for the period August 1, 2005, through July 31, 2006, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 463-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated July 27, 2005, approved for submission by the Mayor, and to which is attached proposed Hold Harmless Contracts between the City of Livonia and John Farrar, Ed D LPC, Jacque Martin-Downs MA/MSW, Madonna University; St. John Health System/Eastwood Clinics, Starfish Family Services, Quality Care Counseling, Geriatric Case Management; Joanne Turshnuik MSW/ACSW, and Hegira Programs, Inc , for the period August 1, 2005 through July 31, 2006, the Council Meeting of September 14, 2005 39335 does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contracts in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 464-05 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated August 17, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with the 2005 Sidewalk and Pavement Replacement Program - Water Main Breaks (Contract 05-F) pursuant to Council Resolutions 230-05 and 154-05, the Council does hereby determine as follows 1 To establish the final contract cost at $44,908 75, 2 To authorize an additional appropriation and expenditure in the amount of $10,327 50 from Account No 592-158-000 (Water and Sewer Construction in Progress) for one additional road repair location and the increase in quantity of asphalt pavement repair on County roads, and 3 To authorize final payment in the amount of $10,327 50 to Zuniga Cement Construction, Inc , 1779 Oakgrove, Hazel Park, Michigan 48030, for this program CR 465-05 RESOLVED, that having considered a communication from the City Engineer and the Director of Public Works, dated August 15, 2005, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, concerning the inclusion in the Local Street System, for Act 51 revenue computation purposes, of the following streets 1 Scone Court Length 631' Termini Westbound Schoolcraft to Scone Court East/West and then to East and West ends Subdivision Split of lots 67, 68, 69, 70 and 71 of Zimmerman and Porter's Schoolcraft Estates Subdivision, Liber 68, Page 73 (see attached legal description) Location S E 1/4 of Section 19 2 Oakley Avenue and Taylor Boulevard Length 430' Oakley Avenue Meeting of September 14, 2005 39336 432' Taylor Boulevard Termini From Cavell Avenue west on Oakley Avenue and then north on Taylor Boulevard to the north end (see attached legal description) Location Cavell Woods Site Condominiums N E 1/4 of Section 24 the Council does hereby authorize the City Engineer, acting as the Street Administrator, to apply to the Michigan Department of Transportation for the inclusion of said streets in the City's Local Street System for purposes of computing the City's share of Act 51 revenues, AND BE IT FURTHER RESOLVED, that each of said streets is an approved public street and is open for public purposes, and FURTHER, that said streets are accepted into the City's Local Street System and are located within rights-of-way under the control of the City of Livonia CR 466-05 RESOLVED, that having considered the report and recommendation of the City Engineer (in the capacity as Street Administrator) and the Director of Public Works, dated August 24, 2005, which bears the signature of the Director of Finance, approved for submission by the Mayor, and submitted pursuant to Act 54 of the Public Acts of Michigan of 1999, as amended, with regard to the transfer of funds for the fiscal year ending November 30, 2004 from the Major Street System to the Local Street System, and having adequately maintained its major streets and following an asset management process, the Council does hereby authorize the transfer of a sum up to, but not to exceed $300,000 00 from those funds designated for use on the major street system to be used on the Local Street System (for major and local streets, refer to the lists provided to the Department of Transportation in the annual Act 51 Report), and the City Clerk and the Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution CR 467-05 RESOLVED, that having considered the report and recommendation of the City Engineer (in the capacity as Street Administrator) and the Director of Public Works, dated August 24, 2005, which bears the signature of the Director of Finance, approved for submission by the Mayor, and submitted pursuant to Act 51 of the Public Acts of Michigan [Section 13(5)], as amended, with regard to construction expenditures spent on local roads for the fiscal year ending November 30, 2003, the Council does hereby authorize expenditures greater than the 50% match in the amount up to, but not to exceed $156,000 00 (for local streets, refer to the list provided to the a"" Department of Transportation in the annual Act 51 Report), and the Meeting of September 14, 2005 39337 City Clerk and the Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution CR 468-05 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 2005, which sets forth its resolution 08-85-2005 adopted on August 9, 2005, with regard to Petition 2005-07-02-12 submitted by KEV, Inc , on behalf of Fleet Auto-Truck Repair, Inc., requesting waiver use approval to operate an automobile and truck repair facility on property located at 11844 Hubbard, on the east side of Hubbard Avenue between Plymouth Road and Capitol Avenue in the South 1/2 of Section 27, which property is zoned M-1, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2005- 07-02-12 is hereby approved and granted, subject to the following conditions 1 That the Site Plan submitted by KEV, Inc., received by the Planning Commission on July 5, 2005, is hereby approved and shall be adhered to, 2 That all vehicle repair and maintenance operations shall be performed inside the building, 3 That outdoor parking of vehicles shall not include dismantled, damaged, abandoned, junked and/or unlicensed vehicles, 4 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, 5 That the following issues as outlined in the correspondence dated July 22, 2005, from the Inspection Department shall be resolved to that Department's satisfaction • All debris, trash and apparent junk or abandoned vehicles and/or equipment shall be removed from the site, • That the south drive area shall be repaired and the entire parking lot shall receive needed maintenance, resealing and proper parking striping to include needed barrier free accessible parking spaces, • That the landscape areas shall receive needed maintenance, including proper irrigation either installed or Meeting of September 14, 2005 39338 tested to work properly, and all landscaping shall thereafter be permanently maintained in a healthy condition, and 6 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the occupancy and zoning compliance permits are applied for CR 469-05 RESOLVED, that having considered a communication from the City Planning Commission, dated August 15, 2005, which sets forth its resolution 08-86-2005 adopted on August 9, 2005, with regard to Petition 2005-07-02-13 submitted by K4 Architecture, LLC, on behalf of Franklin Bank, requesting waiver use approval to construct a full service banking center with drive-up window facilities on property located at 17900 Haggerty Road, on the east side of Haggerty Road, between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned OS, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2005-07-02-13 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SDP-1 prepared by K4 Architecture, LLC, dated July 6, 2005, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet SP-03 prepared by Atwell-Hicks, dated July 6, 2005, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That an automatic underground irrigation system shall be provided for all landscape 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 Building Elevations Plan marked Sheet A-2 prepared by K4 Architecture, LLC, dated July 6, 2005, is hereby approved and shall be adhered to, 6 That the masonry components of the building shall be brick and simulated stone as specified on the above-referenced Building Elevations Plan, Meeting of September 14, 2005 39339 7 That the brick used in the construction of the building shall be full-face 4 inch brick, no exceptions, 8 That the enclosure for the secured trash container shall be of masonry construction matching the simulated stone utilized for the building and shall have gates which, when not in use, shall be closed at all times, 9 That the lighting equipment shall be shielded to minimize glare trespassing on adjacent properties and roadway, and such equipment shall not exceed 20 feet in height, 10 That all parking spaces provided in connection with this use shall be double striped, 11 That the total of all signage, both ground and wall signs, shall not exceed 40 square feet, subject to the granting of a variance for excess signage by the Zoning Board of Appeals and any conditions pertaining thereto, 12 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 13 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 14 That the following issues as outlined in the correspondence dated July 22, 2005 from the Inspection Department shall be rectified to that department's satisfaction • The barrier free parking shall be moved closer to the front entry; on Sheet SP-03, it would be moved up to spaces 6 and 7 with the ramp relocated also, • At least two (2) non-restrictive exits and exit access shall be provided for this building, and 15 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 470-05 RESOLVED, that having considered a communication from the Council President, dated August 25, 2005, to which is Meeting of September 14, 2005 39340 attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2006, through December 31, 2006, the Council does hereby approve the following dates for City Council Meetings for 2006, subject to change with notice Study Meetings Regular Meetings JANUARY Monday, January 9 Wednesday, January 18 Monday, January 23 Monday, January 30 FEBRUARY Wednesday, February 1 Wednesday, February 8 Monday, February 13 Wednesday, February 22 MARCH Wednesday, March 1 Wednesday, March 8 Monday, March 13 Wednesday, March 22 APRIL Monday, April 3 Wednesday, April 12 Monday, April 17 Wednesday, April 26 MAY Wednesday, May 3 Wednesday, May 10 Monday, May 15 Wednesday, May 24 JUNE Monday, June 5 Wednesday, June 14 Monday, June 19 Monday, June 26 JULY Wednesday, June 28 Wednesday, July 5 Monday, July 10 Monday, July 17 AUGUST Wednesday, July 19 Wednesday, August 9 Monday, August 21 Wednesday, August 30 SEPTEMBER Wednesday, September 6 Wednesday, September 13 Monday, September 18 Wednesday, September 27 OCTOBER Monday, October 2 Wednesday, October 11 Monday, October 16 Wednesday, October 25 Meeting of September 14, 2005 39341 NOVEMBER Monday, October 30 Wednesday, November 8 Monday, November 13 Monday, November 20 DECEMBER Monday, November 27 Monday, December 4 Monday, December 11 Wednesday, December 20 A roll call vote was taken on the foregoing resolutions with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2005-06-01-04) 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 Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 8 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2005-06-01-05) Meeting of September 14, 2005 39342 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 Kokenakes gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 230 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2005-05-03-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Meeting of September 14, 2005 39343 Councilmember Kokenakes took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUNDS (Petition 2005-05-03-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUNDS (Petition 2005-05-03-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Robinson, seconded by Kokenakes, and unanimously adopted, it was CR 471-05 RESOLVED, that having considered a communication from the City Planning Commission, dated August 15, 2005, which sets forth its resolution 08-84-2005 adopted on August 9, 2005, with regard Meeting of September 14, 2005 39344 to Petition 2005-06-02-11 submitted by Affordable Certified Car Sales, Inc., requesting waiver use approval to conduct a limited used car sales facility in conjunction with an existing automobile repair facility on property located at 15140 Middlebelt Road, on the east side of Middlebelt Road between Five Mile Road and Elsie Avenue in the Northwest 1/4 of Section 24, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2005-06-02-11 is hereby approved and granted, subject to the following conditions 1 That there shall be no outdoor parking or storage of vehicles offered for sale and all such vehicles shall be displayed and/or stored inside the building only; 2 That the petitioner shall work with the Planning Director in regard to the restoration of landscaping on the site, 3 That all parking spaces shall be double striped and the barrier free accessible parking shall be properly sized, marked and signed, 4 That any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 5 That all the conditions imposed by the Zoning Board of Appeals under Zoning Grants 8610-185 and 8209-112, including provisions that there shall be no parking in the vicinity of the ground sign and that the dumpster be enclosed, shall remain in effect to the extent that they are not in conflict with the foregoing conditions, and 6 That the petitioner shall submit a Letter of Understanding (approved as to form by the Department of Law), signed by the property owner and petitioner indicating that this waiver use will be voluntarily abandoned if the petitioner moves from the premises or if the owners sell, assign or transfer more than 50% of the business to another party 7 That the Site Plan marked Sheet 1 of 2 prepared by Affiliated Engineers, Inc., as received by the Planning Commission on June 14, 2005, is hereby approved and shall be adhered to Meeting of September 14, 2005 39345 On a motion by Meakin, seconded by Godfroid-Marecki, it was CR 472-05 RESOLVED, that having considered a communication from the City Planning Commission, dated July 5, 2005, which sets forth its resolution 06-71-2005 adopted on June 28, 2005, with regard to Petition 2005-03-06-01, submitted by the City Planning Commission, pursuant to Council Resolution 137-05, and pursuant to Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 11 03(p) of Article XI of the Zoning Ordinance, to give the Planning Commission and City Council additional authority to regulate new retail uses in excess of 30,000 square feet, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005- 03-06-01 is hereby denied for the following reasons. 1 That the current language of Section 11 03(p) of the Zoning Ordinance provides for adequate regulation and control of retail uses in buildings in excess of 30,000 square feet of floor area, 2 That it has not been established that there is a need for the proposed language amendment; and 3 That the proposed language amendment would unnecessarily restrict and impede the movement of businesses occupying large retail sales buildings in Livonia A roll call vote was taken on the foregoing resolution with the following result. AYES Godfroid-Marecki, McCann, Robinson, Meakin and Taylor NAYS Kokenakes and Knapp The President declared the resolution duly adopted On a motion by McCann, seconded by Robinson, and unanimously adopted, it was CR 473-05 RESOLVED, that in connection with Petition 2005-03-06- 01, the Council does hereby refer the issue of setback requirements for big box stores, residential, and all other setbacks for new construction to the Planning Commission for its report and recommendation Councilmember McCann stepped down from the podium at 8 33 p m to avoid a perceived conflict of interest. Meeting of September 14, 2005 39346 On a motion by Godfroid-Marecki, seconded by Meakin, it was CR 474-05 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 408, more particularly described in Council Resolution 322-05 adopted on June 20, 2005, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in River Pines Site Condominiums, located on the south side of Seven Mile Road between Gill and Wayne Roads in the Northwest 1/4 of Section 9, in said Special Assessment District No 408, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100-watt high pressure sodium street lights with colonial luminaries and that the assessments set forth in said Special Assessment District No 408 roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 408 based on installation of 100-watt high pressure sodium street lights with colonial luminaries is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose, and further, a sum not to exceed $6,129 82 is hereby authorized to be expended from the cash payments posted by or collected from the developer of the River Pines Site Condominiums in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. A roll call vote was taken on the foregoing resolution with the following result. AYES Kokenakes, Godfroid-Marecki, Robinson, Knapp, Meakin and Taylor NAYS None Councilmember McCann returned to the podium at 8 34 p m Meeting of September 14, 2005 39347 On a motion by Kokenakes, seconded by Knapp, it was CR 475-05 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 409, more particularly described in Council Resolution 323-05 adopted on June 20, 2005, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Merriman Forest Subdivision, located on the east side of Merriman Road between Seven Mile Road and Mayville Drive in the Northwest 1/4 of Section 11, in said Special Assessment District No 409, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100-watt high pressure sodium street lights on colonial luminaries in the subject subdivision and one 100-watt high pressure sodium street light with a cobra head luminary on a davit pole at the intersection of Pickford Avenue and Merriman Road and that the assessments set forth in said Special Assessment District No 409 roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 409 based on installation of 100-watt high pressure sodium street lights on colonial luminaries in the subject subdivision and one 100-watt high pressure sodium street light with a cobra head luminary on a davit pole at the intersection of Pickford Avenue and Merriman Road is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose, and further, a sum not to exceed $5,644 77 is hereby authorized to be expended from the cash payments posted by or collected from the developer of the Merriman Forest Subdivision in order to defray the Detroit Edison contribution-in- aid costs connected with this street lighting installation project. A roll call vote was taken on the foregoing resolution with the following result: Meeting of September 14, 2005 39348 AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS Meakin The President declared the resolution duly adopted On a motion by Meakin, seconded by Kokenakes, and unanimously adopted, it was CR 476-05 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 410, more particularly described in Council Resolution 324-05 adopted on June 20, 2005, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Scone Court Lot Split Development, located on the north side of Schoolcraft Road, west of Newburgh Road in the Southeast 1/4 of Section 19, in said Special Assessment District No 410, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100-watt high pressure sodium street lights on colonial luminaries and that the assessments set forth in said Special Assessment District No 410 roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 410 based on installation of 100-watt high pressure sodium street lights with colonial luminaries is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose, and further, a sum not to exceed $4,033 80 is hereby authorized to be expended from the cash payments posted by or collected from the developer of the Scone Court Lot Split Development in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. Meeting of September 14, 2005 39349 During the audience communication portion of the agenda at the end of the meeting, Councilmember Kokenakes sent "Good Luck" wishes to all Livonia Junior Football Leagues and their cheerleaders On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,544th Regular Meeting of the Council of the City of Livonia was adjourned at 8 38 p m , September 14, 2005 Val Vandersloot, City Clerk