Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2005-02-09 34974 MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRTIETH REGULAR MEETING OF FEBRUARY 9, 2005 On February 9, 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 McCann delivered the invocation Roll was called with the following result. James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki and Gerald Taylor Absent: None Elected and appointed officials present. Jack Engebretson, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Cathryn White, Chief Assistant City Attorney; Val Vandersloot, City Clerk, Karen Kapchonick, Acting Superintendent of Parks and Recreation and Tom Welsh, Golf Pro of City of Livonia On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 17-05 RESOLVED, that the minutes of the 1,529th Regular Meeting of the Council held January 24, 2005 are hereby approved as submitted During the audience communication portion of the agenda, State Representative John Pastor announced his new Committee assignments and thanked the Councilmembers for working so cooperatively with him over the past two years, and looked forward to working with them over the next two years He also introduced a new member of his staff, Jordyn Godfroid Council Vice-President Meakin wished Councilmember Don Knapp a "Happy 35th Birthday" Councilmember Kokenakes wished a "Happy Birthday" to his son, Charles, who celebrates his birthday on February 9 Regular Meeting of February 9, 2005 34975 A communication from Barbara Breslin, 35661 Lyndon, Livonia, 48154, dated February 4, 2005, re her opposition to adopting "Summer Only" membership fees for the Livonia Community Recreation Center, was received and placed on file for the information of the Council (Agenda Item #14) On a motion by Robinson, seconded by Kokenakes, it was CR 18-05 RESOLVED, that having considered a letter from Jay A. Young, President, Livonia Public Schools Foundation, dated January 14, 2005, the Council does hereby take this means to indicate that the Livonia Public Schools Foundation is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording the Livonia Public Schools Foundation an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute CR 19-05 RESOLVED, that having considered the letter from Angelo Vitale, Senior Corporate Counsel, Quicken Loans Inc , dated January 24, 2005, wherein it is requested that the City provide a local commitment consisting of an abatement of a portion of certain payments required under the existing lease agreement for the parking lots at Greenmead Historic Village in connection with the Michigan Economic Growth Authority (MEGA) application submitted to the Michigan Economic Development Corporation (MEDC) by Quicken Loans Inc , the Council does hereby grant this request and an abatement of the lease payments as set forth in the following table is hereby approved (with the understanding that all other terms and conditions set forth in the lease agreement shall remain in full force and effect) FIRST AMENDMENT TO LEASE REQUESTED ABATEMENT RESULTING LEASE VALUE Agreement Value (Annually) "Local Commitment" (Annually)* 2005 57,000 (38,432) 18,568 2006 58,140 (39,200) 18,940 2007 59,303 (39,984) 19,318 2008 60,489 (40,784) 19,705 2009 61,699 (41,600) 20,099 TOTAL 296,630 (200,000) 96,630 *Note that this value may be modified slightly to reflect full lease payments paid for the months of January and February, 2005 FURTHER, such action is being taken in order to satisfy the statutory local commitment requirement in connection with the requested approval of state-sponsored MEGA tax credits and to assist Quicken Loans Inc in its plans for possible further expansion in the City of Livonia Regular Meeting of February 9, 2005 34976 CR 20-05 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated January 21, 2005, the Council does hereby consent to and confirm the appointment of Conrad Gniewek, 14571 Auburndale, Livonia, Michigan 48150, to the Board of Review to fill the unexpired term of office of R. Lee Morrow, which will expire February 16, 2005, as well as a reappointment of Mr Gniewek for a new three year term expiring February 16, 2008, provided that Mr Gniewek takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. CR 21-05 RESOLVED, that having considered a communication from the Council President and the Director of Information Services, dated January 10, 2005, which bears the signature of the Finance Director, the Council does hereby approve a three-year Lease Agreement with HP Financial Services, 420 Mountain Avenue, Murray Hill, New Jersey 07974, for 10 HP laptop computers for use by the Legislative Department, at the unit price of $659.29 per month for a total price of$23,734 44, the same to be appropriated and expended from Account No 101-101-904-000 (City Council/Legislative) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low REMC (Regional Educational Media Center Association of Michigan) Statewide Cooperative Acquisitions Project bid, as well as for the additional reasons indicated in the aforesaid communication, and the Mayor and City Clerk are hereby authorized to execute the said lease in the manner and form herein submitted, subject to approval as to form by the Department of Law; and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 22-05 RESOLVED, that having considered a communication from the City Clerk, dated January 11, 2005, forwarding an application submitted by Jo Anne Meehl, 18879 Gill Road, Livonia, Michigan 48152, for a therapeutic massage permit for a business located at 14600 Farmington Road, and in accordance with Ordinance No 2687, adopted on November 22, 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 A communication from the Office of the City Clerk, dated January 17, 2005, re forwarding a communication from the Director of Financial Services of Oakland Schools, requesting that the City of Livonia collect Oakland Schools full levy C.• Regular Meeting of February 9, 2005 34977 during our summer collection, was received and placed on file for the information of the Council CR 23-05 RESOLVED, that having considered a communication from the Chief of Police, dated January 11, 2005, which bears the signature of the Finance Director and is approved for submission by the Director of Public Safety and the Mayor, the Council does, for and on behalf of the City of Livonia, accept the 2004 Homeland Security Grant Funds in the total amount of $564,896 00, to be used to purchase additional Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) personal protective equipment for Police and Fire personnel, a vehicle capable of responding to CBRNE/terrorism incidents, updates to the emergency operating center and upgrading to the emergency back-up power system for the Police Department, with no matching funds required, the same to deposited and maintained in Account No 223-648-987-000 for this purpose CR 24-05 RESOLVED, that having considered a communication from the Chief of Police, dated December 15, 2004, which bears the signature of the Director of Finance and is approved for submission by the Director of Public Safety and the Mayor, the Council does hereby authorize the purchase of Intelligence Bureau vehicles as follows One (1) 2005 Dodge from Slingerland Dodge, 3640 E M-21, Corunna, Michigan 48817, in the amount of$24,500 00, through the Oakland County consortium, One (1) 2005 Pontiac (in the amount of$17,660 00) and one (1) 2005 GMC (in the amount of $23,799 00) from Red Holman Pontiac-GMC, 35300 Ford Road, Westland, Michigan 48185, for the total amount of $41,459 00, through the Oakland County consortium, One (1) 2005 Chevrolet from Buff Whelan Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan 48313, in the amount of $22,515 00, through the Oakland County consortium, One (1) 2005 Chevrolet from Shaheen Chevrolet, 3901 S Martin Luther King Blvd , Lansing, Michigan 48190, in the amount of $18,100 00, through the State of Michigan consortium, FURTHER, the amount of $88,474 00 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 265-334-985-000 (Forfeiture) and $18,100 00 is hereby authorized to be Regular Meeting of February 9, 2005 34978 expended from funds already budgeted for this purpose in Account No 101-325-985-000 (General Fund); FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Oakland County or State of Michigan consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal and/or auction of four surplus Police Department vehicles, based on the reasons indicated in the aforementioned communication CR 25-05 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated January 4, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve an increase in fees for the Community Gardens Program at Greenmead Historical Park from $20 00 per plot to $25 00 per plot for residents and $35 00 per plot for non-residents beginning in the spring of 2005, and the Director of Community Resources is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 26-05 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 12, 2005, which bears the signatures of the Finance Director and the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed agreement for Specialized Services Transportation Operating Assistance Program between SMART and the City of Livonia for the period October 1, 2004 through September 30, 2005, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said Agreement in the manner and form herein submitted, provided that the Agreement is approved as to form by the Department of Law CR 27-05 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated January 14, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein the Housing Commission has recommended certain rental adjustments with respect to Newburgh Village, the Council does hereby approve rental adjustments of $5 00 per month as follows Adjusted Rent Bedroom Size Current Rent Effective 6-1-05 One Bedroom $475 $480 Two Bedroom 545 550 The above rents exclude gas and electric utility costs Regular Meeting of February 9, 2005 34979 CR 28-05 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated January 14, 2005, which bears the signature of the Director of Finance and is approved for fikip submission by the Mayor, wherein the Housing Commission has recommended certain rental adjustments with respect to Silver Village, the Council does hereby approve rental adjustments of $5 00 per month as follows A) Pre-December, 1990 - 19 Residents Adjusted Rent Bedroom Size Current Rent Effective 6-1-05 One Bedroom $325 $330 Two Bedroom 360 365 B) Post-December, 1990 - 89 Residents: Adjusted Rent Bedroom Size Current Rent Effective 6-1-05 One Bedroom $390 $395 Two Bedroom 445 450 The above rents exclude gas and electric utility costs A communication from the Department of Parks & Recreation, dated January 4, 2005, - Administrative Response - re minimizing costs to the Youth Commission with respect to the youth lock-in events held at the Community Recreation Center, was received and placed on file for the information of the Council CR 29-05 RESOLVED, that having considered a communication from the Acting Superintendent of Parks and Recreation, dated January 4, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits resolution 2767- 04, adopted by the Parks and Recreation Commission on November 1, 2004, recommending that Council approve a "summer only" membership fee for the Livonia Community Recreation Center for the period May 15 through August 30, or the beginning of the shutdown week, whichever comes first, for individuals who may not be in the area during the fall/winter months, the Council does hereby approve the following fees for "Summer Only" memberships at the Livonia Community Recreation Center. Resident Non-Resident Tot (under 3) Youth/Teen (4-18) $50 00 $100 00 Young Adult (19-22) Free $55 00 $1Free 10 00 Regular Meeting of February 9, 2005 34980 Adult (23-61) $65 00 $130 00 Senior (62-up) $55 00 $110 00 Couple $115 00 $230 00 Family $130 00 $260 00 Addl Member(s) $15 00 $30 00 Matinee $55 00 $110 00 Business N/A N/A Corporate N/A N/A CR 30-05 RESOLVED, that having considered a communication from the Acting Superintendent of Parks and Recreation, dated January 4, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits resolution 2753-04 adopted by the Parks and Recreation Commission on September 7, 2004, wherein the Commission has recommended that certain fees be established for use of the City's archery range for classes and competition to be offered on a regular basis rather than as a "special event," the Council does hereby take this means to approve of and concur in such action and does hereby establish the following fees for use of the City's archery range Resident Non-Resident Introduction to Archery Classes $12 00 $14 00 Shoot to Score Competition $8 00 $8 00 Instructor Fees per Session $25 00 $25 00 CR 31-05 RESOLVED, that having considered the report and recommendation of the Acting Superintendent of Parks and Recreation, dated January 4, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2765-04, adopted on November 1, 2004, wherein revisions in greens fees, league play and outing fees at Fox Creek, Whispering Willows and Idyl Wyld Golf Courses are recommended, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and such revisions in greens fees, league play and outing fees shall be as follows RESIDENTS - FOX CREEK AND WHISPERING WILLOWS WEEKDAYS 9 holes $14 50 18 holes 18 25 Regular Meeting of February 9, 2005 34981 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) 6 75 18 holes (day/time restricted) 12 00 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) 6 75 18 holes (day/time restricted) 12 00 Twilight (time tbd based on time of year) 9 50 WEEKENDS (Saturday/Sunday/Holidays) 9 holes (before 3 00 pm) $15 50 9 holes (after 3 00 pm) 12 50 18 holes (before 7am/after 3pm) 18 25 18 holes (after 7am/before 3pm) 22 50 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) 6 75 18 holes (day/time restricted) 12 00 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) 6 75 18 holes (day/time restricted) 12 00 Twilight (time tbd based on time of year) 9 50 NON-RESIDENTS - FOX CREEK AND WHISPERING WILLOWS WEEKDAYS 9 holes $18 50 18 holes 24 50 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) 13 50 18 holes (day/time restricted) 18 75 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) 13 50 18 holes (day/time restricted) 18 75 Twilight (after 7 00 p m with valid ID) 13 50 WEEKENDS (Saturday/Sunday/Holidays) 9 holes (before 3 00 pm) $19 50 9 holes (after 3 00 pm) 16 50 18 holes (before 7am/after 3pm) 24 25 18 holes (after 7am/before 3pm) 28 50 Senior Citizens (ages 62 & up with valid ID) 9 holes 14 75 18 holes 18 75 Juniors (ages 9-17 with valid ID) 9 holes 14 75 18 holes 18 75 Twilight (after 7 00 p m with valid ID) 13 50 Regular Meeting of February 9, 2005 34982 League Rate $18 50 Outing Rate -Weekday 25 00 Outing Rate -Weekend 27 00 RESIDENTS - IDYL WYLD WEEKDAYS 9 holes $12 00 18 holes 18 00 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) 6 50 18 holes (day/time restricted) 11 50 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) 6 50 18 holes (day/time restricted) 11 50 Twilight (time tbd based on time of year) 8 00 WEEKENDS (Saturday/Sunday/Holidays) 9 holes $12 00 18 holes (before 8 00 a m ) 15 00 18 holes (after 8.00 a m ) 18 00 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) 6 50 18 holes (day/time restricted) 11 50 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) 6 50 18 holes (day/time restricted) 11 50 Twilight (time tbd based on time of year) 8 00 NON-RESIDENTS - IDYL WYLD WEEKDAYS 9 holes $14 00 18 holes 20 00 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) 10 00 18 holes (day/time restricted) 15 00 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) 10 00 18 holes (day/time restricted) 15 00 Twilight (after 7 00 p m with valid ID) 9 00 WEEKENDS (Saturday/Sunday/Holidays) 9 holes $15 00 18 holes (before 8.00 a m ) 17 00 18 holes (after 8 00 a m ) 22 00 Senior Citizens (ages 62 & up with valid ID) 9 holes 12 00 Regular Meeting of February 9, 2005 34983 18 holes 17 00 Juniors (ages 9-17 with valid ID) 9 holes 12 00 18 holes 17 00 Twilight (time tbd based on time of year) 9 00 League Rate $16 50 Outing Rate -Weekday 17 00 Outing Rate - Weekend 17 00 CR 32-05 RESOLVED, that having considered the report and recommendation of the Acting Superintendent of Parks and Recreation, dated January 4, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 2765-04, adopted on November 1, 2004, wherein an extension of the golf course operation's contract with T J W Inc is recommended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation CR 33-05 RESOLVED, that having considered a communication from the Acting Superintendent of Parks and Recreation, dated January 19, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2773-04, adopted on December 7, 2004, wherein it is recommended that the fee schedule for sports officials (who are paid on site) be as follows Officials for: Proposed Rate Adult Softball $24 00 Adult Basketball and Boys Class D $24 00 Adult Volleyball $24 00 the Council does hereby concur in and approve of such action CR 34-05 RESOLVED, that having considered the report and recommendation of the Acting Superintendent of Parks and Recreation, dated January 19, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 252 cases of Pulsar Briquettes from B & B Pools and Spas, 29440 Six Mile Road, Livonia, Michigan 48152, for a price of $92 50 per case for a total price of $23,310 00 for use at the Community Recreation Center, Botsford and Clements Circle pools, FURTHER, the Council does hereby authorize an expenditure in the amount of $23,310 00 ($15,540 00 from Account No 208-755-743-000 - Community Center; $3,885 00 from Account No 101-720-743-000 - Regular Meeting of February 9, 2005 34984 Botsford, and $3,885 00 from Account No 101-721-743-000 - Clements Circle) from funds already budgeted for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 35-05 RESOLVED, that having considered a communication from the Director of Public Works, dated December 22, 2004, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, requesting approval of a Rouge River National Wet Weather Demonstration Project Grant Agreement (Round VI - Part A - Project RVIA-12) between the City and Wayne County, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreement between the City of Livonia and Wayne County for federal grant funding in an amount up to $132,880 00, to remove storm water from the sanitary sewer on Ann Arbor Trail by repairing two sanitary manholes, replacing storm covers with sanitary sewer covers and constructing a new storm sewer; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 36-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 4, 2005, which bears the signature of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, regarding an additional appropriation and expenditure for work required in connection with the paving and installation of sidewalks on Seven Mile Road, between 1-275 and Newburgh Road, previously authorized in Council Resolution 716-96, adopted on July 22, 1996, the Council does hereby appropriate and authorize the expenditure of the additional amount of $5,265 41 from the Michigan Transportation Fund (Major Road Account) to be paid to the County of Wayne, M & B, DPS Finance, 415 Clifford, 1st floor, Detroit, Mi 48226, in connection with this project. CR 37-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 13, 2005, approved for submission by the Director of Public Works and the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 2004 Sidewalk Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 238-04 and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in Regular Meeting of February 9, 2005 34985 the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, April 13, 2005 at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution CR 38-05 RESOLVED, that having considered a communication from the City Planning Commission, dated January 18, 2005, which transmits its resolution 01-02-2005, adopted on January 11, 2005, with regard to Petition 2004-12-SN-13, submitted by Schoolcraft Commons, requesting approval for signage for the office and commercial development located on the east side of Haggerty Road, between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-12-SN-13 is hereby approved and granted, subject to the following conditions 1 That the Sign Plan marked sheet A2-1 1 dated August 11, 2003, prepared by Yamasaki, is hereby approved and shall be adhered to, 2 That the Sign Plan marked sheet A2-1 2 dated February 9, 2004, prepared by Yamasaki, is hereby approved and shall be adhered to, except for the following • That the Marketplace Monument sign shall be set back not less than 5 feet from the right-of-way of Haggerty Road, • That the overall height of the Marketplace Monument sign shall not exceed 10 feet 10 inches as measured from the grade of the existing sidewalk closest to the proposed sign, • That the combined area of all of the tenant panels on the Marketplace Monument sign shall not exceed 40 square feet; 3 That these signs shall not be illuminated beyond one (1) hour after this business closes, Regular Meeting of February 9, 2005 34986 4 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 6 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 7 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A roll call vote was taken on the foregoing resolutions with the following result: AYES McCann, Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS None On a motion by Godfroid-Marecki, seconded by Meakin, it was CR 39-05 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated January 25, 2005, submitted pursuant to Council Resolution 622-03, in connection with a communication from the City Assessor, dated November 14, 2003, approved for submission by the Mayor, with regard to a request from Kim Kostich of Anchor Homes LLC, P 0 Box 510054, Livonia, Michigan 48151, representing Thomas Moore, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-049-01-0053-000 into two parcels, the legal description(s) of which shall read as follows PARCEL A Lot 53 of "Park Woods Sub ", of the Northeast 1/4 of Section 13, Town 1 South, Range 9 East, Livonia Township (now City of Livonia), Wayne County, Michigan As recorded in Liber 67 of Plats on Page 13, Wayne County Records PARCEL B Lot 54 of "Park Woods Sub" , of the Northeast 1/4 of Section 13, Town 1 Ob. South, Range 9 East, Livonia Township (now City of Livonia), Wayne Regular Meeting of February 9, 2005 34987 County, Michigan As recorded in Liber 67 of Plats on Page 13, Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, THE COUNCIL DOES HEREBY WAIVE THE MINIMUM LOT AREA REQUIREMENTS SET FORTH IN ZONING ORDINANCE NO 543, AS AMENDED, WITH RESPECT TO THIS PROPERTY DIVISION, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS Robinson The President declared the resolution duly adopted A communication from the Law Department, received on February 4, air 2005, re Ordinance language pertaining to Lot Partition, was received and placed on file for the information of the Council Councilmember McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 070 OF TITLE 16, CHAPTER 32 (LOT PARTITION) 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 Robinson gave first reading to the following Ordinance Regular Meeting of February 9, 2005 34988 AN ORDINANCE AMENDING SECTION 4 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 2004-11-01-14) 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 Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 14 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 2004-11-01-15) 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 Council Vice-President Meakin took from the table for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 4 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 2004-10-01-13) A roll call vote was taken on the foregoing Ordinance with the following result: AYES McCann, Robinson, Knapp, Meakin, Kokenakes, Godfroid- Marecki and Taylor Regular Meeting of February 9, 2005 34989 NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Council Vice-President Meakin took from the table for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 18 29 AND 18 49 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2004-09-06-04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES McCann, Robinson, Knapp, Meakin, Kokenakes, Godfroid- Marecki and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Kokenakes took from the table for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 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 2004-05-01-06 A roll call vote was taken on the foregoing Ordinance with the following result: AYES McCann, Knapp, Meakin, Kokenakes, Godfroid- Marecki and Taylor NAYS Robinson 1`.. The President declared the foregoing Ordinance duly adopted, and would Regular Meeting of February 9, 2005 34990 become effective on publication On a motion by Knapp, seconded by Meakin, it was CR 40-05 RESOLVED, that having considered a communication from the City Planning Commission, dated January 14, 2005, which transmits its resolution 01-01-2005 adopted on January 11, 2005, with regard to Petition 2004-12-08-22 submitted by Schafer Development, on behalf of St. Martins Commons Condominiums, requesting site plan approval in connection with a proposal to construct a condominium development on property located on the north side of St. Martins Avenue, between Middlebelt Road and Melvin Avenue in the Southeast 1/4 of Section 2, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-12-08-22 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated January 10, 2005, as revised, prepared by Creative Land Planning & Design, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet LP-1 dated January 9, 2005, as revised, prepared by Nagy & Associates, is hereby approved and shall be adhered to, 3 That the Landscape Plan marked Sheet LP-2 dated November 24, 2004, prepared by Nagy & Associates, is hereby approved and shall be adhered to, 4 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 5 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 6 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 7 That the Exterior Building Elevation Plan marked A-7s prepared by Guido Associates, as received by the Planning Commission on December 2, 2004, is hereby approved and shall be adhered to, Regular Meeting of February 9, 2005 34991 8 That the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65%, 9 That all exterior chimneys shall be brick; 10 That the brick used in the construction shall be full-face 4 inch brick, 11 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 12 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 13 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 14 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated December 14, 2004 • That if any of the subject buildings are to be provided with automatic sprinkler systems, hydrants shall be located between 50 feet and 100 feet from the Fire Department connections, • That adequate hydrants shall be provided and located with spacing consistent with residential areas, most remote hydrant shall flow 1,000 GPM with a residual pressure of 20 PSI, • That any curves or corner of streets shall accommodate emergency vehicles with a turning radius of 55 feet wall-to- wall, • That fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and • have a minimum of 13 feet 6 inches of vertical clearance, That approved turnaround for fire apparatus shall be provided where an access road is a dead end and is in Regular Meeting of February 9, 2005 34992 excess of 150 feet in length, the turnaround shall have minimum centerline radius of 50 feet; the authority having jurisdiction shall approve the grade, surface and location of the fire lane, turnaround(s) shall be posted "Fire Lane —No Parking," • That fire lanes shall be marked with freestanding signs or marked curbs, sidewalks, or other traffic surfaces that have the words "Fire Lane — No Parking" painted in contrasting colors at a size and spacing approved by the authority having jurisdiction, 15 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated December 28, 2004 • That a sidewalk shall be installed along the north side of St. Martins Avenue the full length of the site, • That yield signs shall be installed in order to assign the right- of-ways at the intersection of the access roads, • That stop signs shall be placed at each entrance and appropriately for each interior intersection, 16 That the entrance marker shown on the approved Landscape Plan is hereby approved and shall be adhered to, 17 That the Master Deed and bylaws for this condominium development shall be submitted to the Planning Department within sixty (60) days of this approval, and 18 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 A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS Robinson The President declared the resolution duly adopted On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously Regular Meeting of February 9, 2005 34993 adopted, it was CR 41-05 RESOLVED, that having considered a letter from Vicki Reault, representing Newburg United Methodist Church, dated January 20, 2005, which requests permission to display approximately 20 signs announcing the Newburg United Methodist Church Rummage Sale to be conducted on Thursday, May 5, 2005 through Saturday, May 7, 2005, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City of Livonia, no earlier than Thursday, April 28, 2005, and removed no later than Sunday, May 8, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 42-05 RESOLVED, that having considered a communication from the Acting Superintendent of Parks and Recreation, dated January 19, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2774-04, adopted on December 7, 2004, wherein it is recommended that a policy be established by resolution that would allow the Parks and Recreation Commission to set the sports officials fee for those programs that pay officials on site and prior to the start of game, the Council does hereby approve of and concur in such action A communication from the Engineering Division, dated January 27, 2005, re revised construction costs relative to the Cross Winds Court Street Lighting Special Assessment District, was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 43-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 1, 2004, and amended on January 27, 2005, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 26, 2005, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code Regular Meeting of February 9, 2005 34994 (1) Accept and approve said statement in all respects, (2) Determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights on colonial luminaires with underground wiring in Cross Winds Court Subdivision and Adjacent Lot Splits, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) Approve the plans and specifications for said improvement as set forth in said revised statement dated January 27, 2005, (4) Determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) Determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) Designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 21, both inclusive, of the Crosswinds Court Subdivision, as recorded in Liber 111, Pages 36 and 37, Wayne County Records, said subdivision being part of the S W 1/4 of Section 11, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan and also Parcel Numbers 046 043 99 0026 003 and 046 043 99 00265 004 (7) Direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated January 27, 2005, as amended, and (8) That upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by McCann, seconded by Kokenakes, and unanimously adopted, it was Regular Meeting of February 9, 2005 34995 CR 44-05 RESOLVED, that having considered a communication from the Mayor, dated January 28, 2005, wherein he has requested approval of the appointment of John J Hiltz, to the Livonia Plymouth Road Development Authority as a Business/Property Owner in the District for a term which shall expire on May 16, 2006, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such appointment provided that Mr Hiltz takes the Oath of Office as required in Section 2, Chapter X of the City Charter, to be administered by the Office of the City Clerk. On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 45-05 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 14, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations, in the total amount of $22,250 00, from the sources indicated therein for use by the Historical Commission for the development of Greenmead, FURTHER, the Council does hereby appropriate and credit the amount of $22,250 00 to Account No 723-000-690-010 for the purposes as designated by the donors On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 46-05 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 47-05 WHEREAS, the City of Livonia wishes to apply to the Secretary of State for a grant to purchase an Optical Scan Voting System and related Election Management System (EMS) software to comply with the Help America Vote Act (NAVA), and WHEREAS, the City of Livonia City Council has chosen to submit a grant application for a new Optical Scan Voting System in 2005, NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia City Clerk is authorized to submit this grant application on behalf of the City of Livonia, Wayne County, on this 9th day of February 2005 Regular Meeting of February 9, 2005 34996 On a motion by Knapp, seconded by Robinson, and unanimously adopted, this 1,530th Regular Meeting of the Council of the City of Livonia was adjourned at 8 36 p m , February 9, 2005 Val Vandersloot, City Clerk �7