HomeMy WebLinkAboutCOUNCIL MINUTES 2004-03-10 REVISED 34518
REVISED 3/25/04 SEE REVISED PAGE 34531
MINUTES OF THE ONE THOUSAND FIVE HUNDRED EIGHTH
REGULAR MEETING OF MARCH 10, 2004
On March 10, 2004, 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 Robinson delivered the invocation
Roll was called with the following result: Thomas Robinson, Donald Knapp,
Brian Meakin, Frank J Kokenakes, Linda Dolan, and Gerald Taylor
Absent: James McCann — out of town in the service of the City
Elected and appointed officials present: Robert Schron, City Engineer; Mark
Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen
Szymula, Director of Legislative Affairs, Alden Sawyer, Director of Emergency Preparedness,
Linda McCann, Director of Community Resources, James Inglis, Executive Director of
Housing and Mary Rutan, Director of Human Resources
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 86-04 RESOLVED, that the minutes of the 1,507th Regular Meeting of
the Council held February 25, 2004 are hereby approved as submitted
During the audience communication portion of the agenda, City Clerk Val
Vandersloot introduced Bill Craig, 20050 Milburn, Livonia, 48152, who received an ISA Gold
Leaf Award on behalf of the City of Livonia He received this award for an Arbor Day
Program from the Michigan Forestry and Park Association, Inc , in Lansing on February 16,
2004 He took this opportunity to present this award to the City Councilmembers
On a motion by Kokenakes, seconded by Knapp, and unanimously
adopted, it was
CR 87-04 RESOLVED, that the having considered a letter from the Office of
the Mayor, dated March 8, 2004, to which is attached a communication from
Gary L Gottschalk, Vice-President of the West Bay Exploration Company,
wherein is a proposed plan to develop the oil and gas potential of City-owned
Regular Meeting of March 10, 2004 34519
lands, the Council does hereby refer this subject matter to the Committee of the
Whole for a report and recommendation
On a motion by Meakin, seconded by Dolan, it was
CR 88-04 RESOLVED, that the Council does hereby, by a two-thirds roll call
vote in accordance with Section 7(1) of the Open Meetings Act, direct that a
Closed Committee of the Whole meeting be held on Monday, March 15, 2004
at 7 00 p m for the purposes of discussing the status of ongoing labor
negotiations with the Police Department.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, Dolan and Taylor
NAYS None
The President declared the resolution duly adopted
Council President Taylor announced that a Public Hearing for the following
items will be held on Wednesday, March 31, 2004 at 7 00 P M , in the Auditorium of the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
i
Petition 2003-11-06-08 submitted by the City Planning Commission, pursuant to
Council Resolution #594-03, and pursuant to Section 23 01(a) of Ordinance #543, the
Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to
amend Section 18 38 of Article XVIII, Section 10 03 of Article X, and Section 11 03 of
Article XI of Ordinance #543, as amended, to change the off-street parking
requirements for certain retail and office uses
2. Petition 2003-12-06-09 submitted by the City Planning Commission, pursuant to
Council Resolutions #666-03 and #672-03, and pursuant to Section 23 01(a) of
Ordinance #543, the Zoning Ordinance of the City of Livonia, to determine whether or
not to amend Sections 18 58 and 18 62 of Article XVIII, Sections 19 03 and 19 08 of
Article XIX, Section 20 03 of Article XX, Section 21 10 of Article XXI, and Section
23 03 of Article XXIII of the Zoning Ordinance, as amended, to increase fees for the
review of Site Plans, Site Condominiums, Waiver Use, Appeals brought before
the City Council, Appeals brought before the Zoning Board of Appeals, Cluster
Housing and Planned Residential Housing, and Rezoning petitions.
On a motion by Kokenakes, seconded by Robinson, it was
CR 89-04 RESOLVED, that having considered a letter from Reverend C
Allen Kannapell, St. Andrew's Episcopal Church, dated February 17, 2004,
which requests permission to place signs announcing an All-Parish
Rummage/Garage Sale to be conducted on Friday, April 30 and Saturday May
Regular Meeting of March 10, 2004 34520
L 1, 2004, which signs are double-sided and are 4' x 5' in size and which will be
located on the northeast corner of Hubbard and Five Mile Roads and the
northeast corner of Hubbard and Six Mile Roads, and which signs would be
installed on April 30, 2004, and removed after the sale on May 1, 2004, the
Council does hereby grant and approve this request in the manner and form
herein submitted
CR 90-04 RESOLVED, that having considered a letter from the President of
the Livonia Garden Club, dated February 19, 2004, which requests permission
to display signs and banners announcing the "plant sharing" event to be held at
Greenmead on Saturday, May 22, 2004, which signs are to be 25" x 15" in size
and which will be displayed at various intersections in the City from Friday, May
14, 2004, through Tuesday, May 25, 2004, and one 4 x 8 banner will be placed
on the fence east of the Greenmead barn on Eight Mile Road and one 4 x 8
banner will be placed on the Newburgh Road fence south of the north entrance
to Greenmead, the Council does hereby grant and approve this request in the
manner and form herein submitted
CR 91-04 RESOLVED, the Council does hereby amend and revise Council
Resolution 539-03 to read as follows
RESOLVED, that having considered a letter from the Michigan
L Liquor Control Commission, dated July 28, 2003, and a
subsequent letter from the Michigan Liquor Control Commission,
dated December 15, 2003, reflecting the fact that the request has
been amended to drop Ronald Johnston as applicant stockholder
with Abdallah A. Matar as sole applicant stockholder, and the
report and recommendation of the Chief of Police, dated
September 26, 2003, and February 13, 2004, approved for
submission by the Mayor, the Council does hereby approve of the
request from Livonia GR , Inc , for transfer of ownership of a 2003
Class C License with Dance-Entertainment Permit from Ground
Round, Inc (a Delaware Corporation), for a business located at
17050 S Laurel Park Drive, Livonia, Michigan 48154, Wayne
County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
A communication from the Office of the City Clerk, dated February 23, 2004, re
forwarding a communication from John D Fitzgerald, Director of Financial Services of
L Oakland Schools, requesting the City to collect their taxes for the year 2004 with our summer
tax collection, was received and placed on file for the information of the Council
Regular Meeting of March 10, 2004 34521
CR 92-04 RESOLVED, that having considered a communication from the
Director of Emergency Preparedness, dated February 20, 2004, which bears
the signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept the quote of Information Station
Specialists, 3368 88TH Avenue, Zeeland, Michigan 49464-0051, in the amount
of $18,155 00, to provide the City with its own independent alert AM
Emergency Advisory Radio System to be used for emergencies and other
service messages, and the amount of $18,155 00 is hereby authorized to be
expended from funds already budgeted in the Emergency Preparedness
Budget for 2004 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 with Section 3 04 140D4 of the Livonia Code of Ordinances, as
amended
CR 93-04 WHEREAS, the Michigan Supreme Court issued a decision in the
WPW Acquisitions v City of Troy case concerning the assessment of property
taxes on commercial properties, and
WHEREAS, the Supreme Court's decision has resulted in inequities as it
relates to property assessments whose value is based on occupancy rates, and
WHEREAS, the WPW decision declared the "additions" language for increase
in occupancy is unconstitutional but did not address the offsetting "loss"
language, which has a large impact on many properties in the State, and
WHEREAS, prior to this decision, a commercial/industrial property owner could
work with their local assessor for assessment relief if the property's occupancy
rate dropped (loss), and subsequently, when the occupancy rate improved, the
assessment would return to a stabilized level when the occupancy recovered
(addition), and
WHEREAS, this was a fair and reasonable way to help property owners who
were struggling with a particular property, and the "addition" and "loss" sections
of the statute worked in harmony, providing temporary relief for decrease in
occupancy; and
WHEREAS, since the "addition" section of the statute has been ruled
unconstitutional, commercial property owners can now manipulate the system
by decreasing their occupancy level to achieve a permanent reduction in their
Taxable Value and then lock in non-market property taxes at a reduced level,
and
WHEREAS, the decision unintentionally rewards those commercial property
owners who operate inefficiently and maintain high vacancy rates while
penalizing those property managers who offer competitive lease rates, and
Regular Meeting of March 10, 2004 34522
WHEREAS, the decision is unfair to residential taxpayers as the resulting effect
will shift the property tax burden to residential taxpayers over time since,
theoretically, property taxes collected from commercial properties as a
percentage of total tax revenues will decrease, and
WHEREAS, the potential loss in property tax revenue within the City of Livonia
as a result of the Supreme Court decision is significant. Such potential revenue
loss will not only impact the City of Livonia, but also the County of Wayne,
Livonia and Clarenceville School Districts, the State of Michigan Education Tax,
Wayne and Oakland Counties Intermediate School Districts, Schoolcraft
College and the Livonia Library
NOW THEREFORE BE IT RESOLVED, that the City of Livonia strongly urges
its State Legislators to re-establish tax equity and correct the impact of the
WPW Acquisitions v City of Troy decision by supporting legislation to remove
both the additions and losses sections of the General Property Tax Act (MCL
211 34d(1)(b)(vii) and 211 34d(1)(h)(iii))
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Granholm, State Senator Laura M Toy, State Representative John
R Pastor, the MML State and Federal Affairs Division, and the Conference of
Western Wayne
A communication from the Department of Finance, dated February 12, 2004,
re report pertaining to the investment activity of City funds for the fiscal year ended
November 30, 2003, excluding investment activity of the City's pension funds, was received
and placed on file for the information of the Council
CR 94-04 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated February
11, 2004, which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby accept the bid of First
Contracting, Inc , P 0 Box 1190, Okemos, Michigan 48805 for supplying the
Housing Commission with an emergency generator for the Community Building
at Newburgh Village, in an amount not to exceed $36,500 00, (which includes a
$2,500 00 allowance to address unforeseen site/building conditions if
necessary), the same having been in fact the lowest bid received which meets
all specifications, and the amount of $36,500 00 is hereby authorized to be
expended from Account No 233-800-818-668 (Community Development Block
Grant Fund) for this purpose, and the Director of the Housing Commission is
hereby authorized to execute a contract for and on behalf of the Livonia
Regular Meeting of March 10, 2004 34523
Housing Commission with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
CR 95-04 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated February 4,
2004, 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 6-1-04
One Bedroom $470 $475
Two Bedroom 540 545
The above rents exclude gas and electric utility costs
CR 96-04 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated February 4,
2004, 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 Silver Village, the Council does
hereby approve rental adjustments of $5 00 per month as follows
A) Pre-December 1990 Residents - 21 Residents
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-04
One Bedroom $320 $325
Two Bedroom 355 360
B) Post-December 1990 Residents - 87 Residents
One Bedroom $385 $390
Two Bedroom 440 445
The above rents exclude gas and electric utility costs
CR 97-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director of
Public Works, dated February 11, 2004, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the Council
does hereby accept the following low bids which meet specifications for
supplying the Public Service Division (Road Maintenance Section) with the
materials specified at the unit prices bid per ton for the 2004 calendar year
requirements
Regular Meeting of March 10, 2004 34524
1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150
MDOT - 22A - DTY $ 690 per ton
WCR.0 - 22X - DTY 5 95 per ton
WCR.0 - 3A - DTY 1185 per ton
W C R.0 - Porous Backfill Grade A - DTY 5 10 per ton
W C R.0 - Porous Backfill Grade B - DTY 9 05 per ton
WCRC - 2NS - Natural Sand - DTY 7 15 per ton
W C R.0 - 2MS - Mortar Sand -DTY 8 15 per ton
Pea Gravel - DTY 10 50 per ton
1" to 3" Crushed Concrete - D T Y 8 60 per ton
10A Aggregate Stone - D T Y 10 00 per ton
3 X 1 Blast Furnace Slag 11 75 per ton
2 Osburn Industries, Inc., 5850 Pardee Road, Taylor, Michigan 48180
W C R.0 - 30A (Slag) - DTY $ 8 75 per ton
60-40 Washed - Conc. Aggregates - D T Y 10 90 per ton
3 Ellsworth Industries Inc., P. O. Box 5366, Plymouth, Michigan 48170
MDOT - 21AA - Limestone - D T Y $ 755 per ton
Ag-Lime - "Parks 8 45 per ton
FURTHER, in the event the aforesaid iow bidders are unable to furnish the
materials, the Council does hereby accept the following second lowest bids,
which also meet specifications, as alternates for supplying the Public Service
Division (Road Maintenance Section) with the materials specified at the unit
prices bid for the 2004 calendar year requirements.
1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150
M D O T - 21 AA - Limestone - DTY $ 7 93 per ton
W C R.0 - 30A (Slag) - DTY 9 20 per ton
60-40 Washed - Conc. Aggregates - D T Y 11 35 per ton
2 Jackie's Transport, Inc., 7811 Chubb Road, Northville, Michigan 48167
MDOT - 22A - DTY $ 695 per ton
W C R.0 - Porous Backfill Grade A - D TY 5 10 per ton
WCRC - Porous Backfill Grade B - DTY 9 25 per ton
W C R.0 - 2NS - Natural Sand - DTY 7 00 per ton
W C R.0 - 2MS - Mortar Sand - DTY 8 50 per ton
10A Aggregate Stone - D T Y 9 80 per ton
Ag-Lime - "Parks" 8 60 per ton
Regular Meeting of March 10, 2004 34525
3 Osburn Industries, Inc., 5850 Pardee Road, Taylor, Michigan 48180
W C R.0 - 3A - DTY $11 65 per ton
W C R.0 - 2MS - Mortar Sand - DTY 8 50 per ton
4 Ellsworth Industries, Inc., P. O. Box 5366, Plymouth, Michigan 48170
W C R.0 - 2NS - Natural Sand - DTY $ 7 00 per ton
Pea Gravel - DTY 10 40 per ton
1" to 3" Crushed Concrete - D T Y 8 54 per ton
5 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209
W C R.0 - 22X - DTY $ 6 33 per ton
3 X 2 Blast Furnace Slag 11 73 per ton
CR 98-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director of
Public Works, dated February 12, 2004, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the Council
does hereby accept the following low bids which meet specifications for
supplying the Public Service Division (Road Maintenance Section) with
bituminous materials specified at the unit prices bid for the period May 1, 2004
through April 30, 2005
1 Nagle Paving Company, 3063u W. 11 Mile Road, Farmington Hills, Michigan
48334
12 WM Asphaltic Concrete $32 00 per ton
1100 Asphaltic Concrete 27 50 per ton
20 Wearing Fine (Driveway Top) 29 00 per ton
31 M Wearing 32 00 per ton
2 Aiax Materials Corporation, One Aiax Drive, P. O. Box 71307, Madison Heights,
Michigan 48071
Cold Patch Asphaltic Material
(Pave 192), delivered $41 00 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish the
materials, the Council does hereby accept the following second lowest bids,
which also meet specifications, as alternates for supplying the Public Service
Division (Road Maintenance Section) with bituminous materials specified at the
unit prices bid for the period May 1, 2004 through April 30, 2005
Regular Meeting of March 10, 2004 34526
Ajax Materials Corporation, One Ajax Drive, P. O. Box 71307, Madison Heights,
Michigan 48071
12 WM Asphaltic Concrete $30 50 per ton
1100 Asphaltic Concrete 29 50 per ton
20 Wearing Fine (Driveway Top) 31 00 per ton
31 M Wearing 31 00 per ton
CR 99-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director of
Public Works, dated February 10, 2004, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the Council
does hereby accept the low bid of Clawson & Killins Concrete Companies,
27575 Wixom Road, Novi, Michigan 48374, which meets specifications, for
supplying the Public Service Division (Road Maintenance Section) with
readymix concrete at the unit prices bid for the period April 1, 2004 through
March 31, 2005, for an estimated total amount of $54,200 00, FURTHER, in
the event the aforesaid low bidder is unable to furnish the material, the Council
does hereby accept the second lowest bid of National Ready-Mix, Inc., 39000
Ford Road, Westland, Michigan 48185, which also meets specifications, for
supplying the Public Service Division (Road Maintenance Section) with
readymix concrete at the unit prices bid for the period April 1, 2004 through
March 31, 2005, for an estimated total amount of $54,980 00
CR 100-04 RESOLVED, that having considered the report and
recommendation of the Assistant Superintendent of Public Service and the
Director of Public Works, dated February 10, 2004, which bears the signature
of the Director of Finance, is approved by the City Attorney and is approved for
submission by the Mayor, the Council does hereby amend and revise Council
Resolution No 452-00 so as to have the same read as follows
RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee,
dated May 10, 2000, submitted pursuant to Council Resolution
932-98, and a communication from the Director of Public Works,
dated May 5, 2000, approved by the City Attorney and approved
for submission by the Mayor, regarding the solid waste/recycling
contract between the City of Livonia and Waste Management of
Michigan, Inc , the Council does hereby accept the proposal of
Waste Management of Michigan, Inc., 19200 West Eight Mile
Road, Southfield, Michigan 48075, to perform solid waste
collection, disposal recycling and related services for the City of
Livonia for a four-year and eight month period commencing April
1, 2000, through November 30, 2004, in the amount of
$23,614,488 54, FURTHER, the wording "tight-fitting covers" shall
be deleted from the contract; FURTHER, a date and time
Regular Meeting of March 10, 2004 34527
specified by the Director of Public Works in relation to the
Hazardous Waste Day shall be included in the contract;
FURTHER, Waste Management of Michigan, Inc , shall not be
required to conduct a Household Hazardous Waste Program for
the year 2002, 2003 and 2004, and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to
execute a contract with the aforesaid company and to do all other
things necessary or incidental to the full performance of this
resolution
CR 101-04 RESOLVED, that having considered the report and
recommendation of the Assistant Superintendent of Public Service and the
Director of Public Works, dated February 10, 2004, which bears the signature
of the Director of Finance, is approved by the City Attorney and is approved for
submission by the Mayor, to which is attached a Household Hazardous Waste
Collection Event Standard Contract between the City of Livonia and The
Environmental Quality Company to provide services for the 2004 Household
Hazardous Waste Collection Program that will allow the City of Livonia and
Northville/Northville Township to conduct joint collection events for their
residents, the Council does hereby determine as follows
• To authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute a contract with The Environmental Quality Company,
1010 Rawsonville, Ypsilanti, Michigan 48198, to provide services for the
2004 Household Hazardous Waste Collection Program the Livonia event
being held on May 1, 2004 at Ford Field, in an amount not to exceed
$75,000 00 from funds already budgeted in Account No 205-527-818-035
(Municipal Refuse Fund) for this purpose,
• To waive the formal bidding process in accordance with Section
3 04 140 D 4 of the Livonia Code of Ordinances, as amended, since no
advantage to the City would result from competitive bidding, and
• To authorize payment to the City of Northville, 215 West Main Street,
Northville, Michigan 48167-1540, in an amount not to exceed $20,000 00 for
Livonia residents' use of the Northville/Northville Township Household
Hazardous Waste Drop-Off event to be held on October 2, 2004, from funds
already budgeted in Account No 205-527-818-035 (Municipal Refuse
Fund), based upon the price of $31 00 per vehicle for Livonia residents
using the Northville site
CR 102-04 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works, dated
February 12, 2004, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, transmitting a letter submitted by Robert
W Polak, 7039 Neckel, Dearborn, Michigan 48126, offering the City $300 00 to
Regular Meeting of March 10, 2004 34528
purchase an outdated "as-is" survey instrument that is no longer used or
needed by the City, the Council does hereby accept this offer and the amount
of $300 00 shall be deposited into Account No 101-000-680-000 (Sale of Fixed
Assets) for this purpose, and the City Engineer is hereby requested to do all
things necessary or incidental to the full performance of this resolution
A communication from the Economic Development Director, dated February 17,
2004, re 2003 Economic Development Annual Report for the period January 1, 2003
through December 31 , 2003, was received and placed on file for the information of the
Council
CR 103-04 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated February 20, 2004, approved
for submission by the Mayor, wherein it is requested that the Clean Michigan
Initiative Recreation Bond Program Development Project Agreement
("Agreement") previously approved pursuant to Council Resolutions 130-03, 54-
02 and 230-01, be amended, the Council does hereby approve Amendment
No 3 to amend Paragraph 2 of the aforesaid Agreement to change the time
period allowed for completion of the Livonia Community Recreation Center from
May 31, 2003 to August 31, 2003, and the City Clerk is hereby requested to do
all things necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, Dolan and Taylor
NAYS None
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 104-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 24, 2004,
submitted pursuant to Council Resolution 376-03, in connection with a
communication from the City Assessor, dated June 25, 2003, approved for
submission by the Mayor, with regard to a request from Feride and Cym Gocaj,
37917 Plymouth Road, Livonia, Michigan 48150, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance
543, as amended, the Council does hereby approve of the proposed division of
Tax Item No 46-120-02-0540-000 into two (2) parcels, the legal descriptions of
which shall read as follows
See Bold Print- Revised 04/13/2004
Regular Meeting of March 10, 2004 34529
PARCEL A
L Lot 540, except the South 330 feet of SUPERVISOR'S LIVONIA PLAT #9,
according to the plat thereof recorded in Liber 66 of Plats, Page 60, Wayne
County Records.
PARCEL B
The South 330 feet of Lot 540 of SUPERVISOR'S LIVONIA PLAT #9,
according to the plat thereof recorded in Liber 66 of Plats, Page 60, Wayne
County Records
as shown on the map attached to the aforesaid communication which is made a
part hereof by reference, and the City Clerk is hereby requested to cause a
certified copy of this resolution to be recorded in the Office of the Wayne
County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL A
VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS TO
EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT, NONE
OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED
Councilmember Kokenakes left the podium at 8 12 p m due to a conflict of interest.
A communication from the Engineering Division, dated September 23, 2003, -
L Administrative Response — re storm drainage in the vicinity of the west side of Sunset
between Kenwood Court and Eight Mile Road, was received and placed on file for the
information of the Council (Petition 2003-04-01-12, CR 491-03)
A communication from Attorney Frank J Kokenakes, dated January 22, 2004,
re advising that Mr William Sheehy, Attorney at Law, will now be representing General
Properties, LLC in the matter of rezoning property located on the west side of Sunset Avenue
between Kenwood Court and Eight Mile Road, was received and placed on file for the
information of the Council (Petition 2003-04-01-12, CR 490-03 and 491-03)
On a motion by Dolan, seconded by Meakin, and unanimously adopted, it
was
CR 105-04 RESOLVED, that having considered the report and
L recommendation of the Committee of the Whole, dated February 24, 2004,
submitted pursuant to Council Resolution 490-03, with regard to a
communication from the City Planning Commission, dated June 2, 2003, which
Regular Meeting of March 10, 2004 34530
sets forth its resolution 05-67-2003 adopted on May 20, 2003, with regard to
Petition 2003-04-01-12, submitted by William J Sheehy, on behalf of General
Properties Company, LLC, for a change of zoning of property located on the
west side of Sunset Avenue between Kenwood Court and Eight Mile Road in
the Northwest 1/4 of Section 2 from RUFA to R-3, and the Council having
conducted a public hearing with regard to this matter on August 25, 2003,
pursuant to Council Resolution 310-03, the Council does hereby approve
Petition 2003-04-01-12 for preparation of the ordinance for submission to
Council, and the City Planner is hereby instructed to cause the necessary map
for publication to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance amending
Ordinance No 543, as amended, in accordance with this resolution
Councilmember Kokenakes returned to the podium at 8 13 p m
New data submitted by the petitioner, consisting of three pages of drawings and
received in the Office of the City Council on February 25, 2004, was received and placed on
file for the information of the Council (Petition 2003-01-01-05)
On a motion by Meakin, seconded by Knapp, it was
CR 106-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 24, 2004,
submitted pursuant to Council Resolution 525-03, with regard to a
communication from the City Planning Commission, dated March 13, 2003,
which sets forth its resolution 03-34-2003 adopted on March 11, 2003, with
regard to Petition 2003-01-01-05, submitted by Ronald Parz, on behalf of K P
Builders, for a change of zoning of property located at 35300 Joy Road, on the
north side of Joy Road between Wayne Road and Harvey Avenue in the
Southwest 1/4 of Section 33, from RUF to R-1, and the Council having
conducted a public hearing with regard to this matter on September 17, 2003,
pursuant to Council Resolution 373-03, the Council does hereby approve
Petition 2003-01-01-05 for preparation of the ordinance for submission to
Council, and the City Planner is hereby instructed to cause the necessary map
for publication to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance amending
Ordinance No 543, as amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
Regular Meeting of March 10, 2004 34531
AYES Knapp, Meakin, Kokenakes, Dolan and Taylor
NAYS Robinson
The President declared the resolution duly adopted
Councilmember Dolan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 16 11 OF ARTICLE XVI
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition
2002-06-06-02)
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 Dolan gave first reading to the following
L Ordinance.
AN ORDINANCE AMENDING SECTION 17.02 OF ARTICLE
XVII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE
(Petition 2002-06-06-02)
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.
On a motion by Dolan, seconded by Meakin, it was
CR 107-04 RESOLVED, that having considered a communication from the
Human Resources Director, dated February 20, 2004, which bears the
signature of the Chief Accountant on behalf of the Finance Director, and is
approved for submission by the Mayor, transmitting a resolution adopted by the
Civil Service Commission at its regular meeting of February 19, 2004,
recommending salary and fringe benefit adjustments for the classification of
Regular Meeting of March 10, 2004 34532
Police Chief for the period December 1, 2003 through November 30, 2006, the
Council does hereby concur in the recommendation of the Civil Service
Commission and the pay scale and benefit adjustments for the Classification of
Police Chief are hereby approved for the period December 1, 2003 through
November 30, 2006, as follows
1 A 2% adjustment on base wages effective December 1, 2003, a 1%
adjustment on base wages effective December 1, 2004 and a 3%
adjustment effective December 1, 2005 as follows
2%
12/01/03
Step 1 $3,280 00 $85,280 00
Step 1 5 3,346 40 87,006 40
Step 2 3,412 00 88,712 00
Step 3 3,548 00 92,248 00
Step 4 3,689 60 95,929 60
Step 5 3,836 80 99,756 80
1%
12/01/04
Step 1 $3,312 80 $86,132 80
Step 1 5 3,380 00 87,880 00
Step 2 3,446 40 89,606 40
Step 3 3,583 20 93,163 20
Step 4 3,726 40 96,886 40
Step 5 3,875 20 100,755 20
3%
12/01/05
Step 1 $3,412 00 $88,712 00
Step 1 5 3,481 60 90,521 60
Step 2 3,549 60 92,289 60
Step 3 3,690 40 95,950 40
Step 4 3,838 40 99,798 40
Step 5 3,991 20 103,771 20
2 Continuation of current health care package, except that effective December
1, 2003, or as soon as same can be implemented, the drug co-pay will be
$10 00 for generic drugs and $20 00 for brand name drugs and, if the Chief
of Police retires during the period December 1, 2003 through November 30,
2006, his retirement health care benefits shall continue at the same drug co-
pay, $10 00 for generic drugs and $20 00 for brand name drugs.
Regular Meeting of March 10, 2004 34533
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Meakin, Dolan and Taylor
NAYS Robinson and Kokenakes
The President declared the resolution duly adopted
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was.
CR 108-04 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated February
13, 2004, which bears the signature of the Director of Finance and is approved
for submission by the Mayor, and to which is attached a report containing an
explanation of the 2004-2005 Community Development Block Grant (CDBG)
Program and Budget, the Council does hereby take this means to indicate its
informal approval of the proposed program and tentative budget and does
further authorize the Housing Commission to conduct a second public hearing
on this matter for public comment and to thereafter prepare a final program and
budget for submission to the City Council
air On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
CR 109-04 RESOLVED, the Council does hereby refer the subject of the
Community Development Block Grant Program to the Committee of the Whole
for its report and recommendation
A communication from West Second Street Associates, LLC, 140 E Second
Street, #225, P 0 Box 3597, Flint, MI 48502, with 4 completed project photos and a color
rendering of the proposed Plymouth Road Social Security Administration office building to be
located at 34010 Plymouth Road, was received and placed on file for the information of the
Council (Petition 2004-01-08-02)
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
Regular Meeting of March 10, 2004 34534
CR 110-04 RESOLVED, that having considered a communication from the
City Planning Commission, dated February 13, 2004, which transmits its
resolution 02-15-2004, adopted on February 10, 2004, with regard to Petition
2004-01-08-02 submitted by John E Sabty, West Second Street Associates, on
behalf of the Social Security Administration, requesting site plan approval in
connection with a proposal to construct an office building on property located at
34010 Plymouth Road, on the north side of Plymouth Road between
Farmington and Stark Roads in the Southeast 1/4 of Section 28, pursuant to
the provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby refer this item to the Committee of the Whole for its
report and recommendation.
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
it was
CR 111-04 RESOLVED, that having considered a communication from the
City Planning Commission, dated December 22, 2003, which sets forth its
resolution 12-161-2003 adopted on December 16, 2003, with regard to Petition
2003-11-01-20, submitted by Leo Soave Building Company, for a change of
zoning of property located at 14657 Cavell, on the west side of Cavell Avenue
between Five Mile Road and Western Golf Drive in the Northeast 1/4 of Section
24 from RUF to R-2, so as to rezone only the rear westerly 70 feet to R-2, and
the Council having conducted a public hearing with regard to this matter on
February 23, 2004, the Council does hereby approve Petition 2003-11-01-20
as amended, for preparation of the ordinance for submission to Council, and
the City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending Ordinance
No 543, as amended, in accordance with this resolution
A communication from the Department of Law, dated March 9, 2004, re
Revised Amendment to Consent Judgment/Haggerty Road Investments Limited Partnership
v City of Livonia, wherein there is a change in the signature block and additional language in
Paragraph No 8 , was received and placed on file for the information of the Council
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was.
CR 112-04 RESOLVED, that having considered a communication from
Councilmember Don Knapp, dated March 1, 2004, the Council does hereby
Regular Meeting of March 10, 2004 34535
discharge Council Resolutions 614-01 and 425-02 from the Committee of the
Whole, with regard to Petition 2001-03-02-05 submitted by Haggerty Road
Investments requesting approval to remodel and expand an existing building in
connection with a proposal to operate a full service restaurant on property
located on the east side of Haggerty Road between Seven Mile Road and Eight
Mile Road in the Northwest 1/4 of Section 6
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 113-04 RESOLVED, that having considered a communication from the
Department of Law, dated March 9, 2004, approved for submission by the
Mayor, with regard to the letter from Jordan M Glassco, of Dawda, Mann,
Mulcahy & Sadler, PLC, dated February 26, 2004, requesting to amend the
Consent Judgment previously entered in connection with Haggerty Road
Investments Limited Partnership v City of Livonia, Wayne County Circuit Court
Case No 97-704651, the Council does hereby authorize the Department of
Law to stipulate to the entry of the proposed Amendment to Consent Judgment
in Wayne County Circuit Court Case No 97-704651, as submitted by the
Department of Law, dated March 9, 2004, with respect to certain property
located on the east side of Haggerty Road, north of Seven Mile Road in order
for the petitioner to develop the property as a bank branch, and the Department
of Law is hereby authorized to do all things necessary or incidental to the full
performance of this resolution
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was.
CR 114-04 RESOLVED, that having considered a communication from the
Director of Community Resources and the Livonia Historical Commission,
dated February 13, 2004, and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept a grant in the
amount of $2,500 00 from the Livonia Community Foundation, the same to be
deposited in Account No 723-000-690-010 (Livonia Historical Commission
Trust Fund), such funds to be appropriated and expended for the restoration
work at the Alexander Blue House at Greenmead
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 115-04 RESOLVED, that having considered a communication from the
Director of Community Resources, dated January 23, 2004, which bears the
signature of the Director of Finance and is approved for submission by the
Regular Meeting of March 10, 2004 34536
Mayor, the Council does, for and on behalf of the City of Livonia, accept two
grants from the Livonia Community Foundation, one grant in the amount of
$4,000 00 to be used for the Civic Park Senior Center's Health Aging-in-Place
Program, such funds to be deposited into Account No 225-000-698-000 for this
purpose, and one grant in the amount of $3,000 00 to provide transportation to
medical appointments for senior and handicapped individuals, such funds to be
deposited into Account No 702----285-218 for this purpose
During the audience communication portion of the agenda at the end of the
meeting, City Clerk Val Vandersloot announced that March is Reading Month, and she said
'Hello" to Ms. O'Karma's afternoon kindergarten class at Hoover School, to whom she had
the pleasure of reading to this afternoon
On a motion by Meakin, seconded by Dolan, and unanimously adopted, this
1,508th Regular Meeting of the Council of the City of Livonia was adjourned at 8.39 p m ,
March 10, 2004
Val Vandersloot, City Clerk