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HomeMy WebLinkAboutCOUNCIL MINUTES 2002-09-11 33705 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-SECOND REGULAR MEETING OF SEPTEMBER 11, 2002 On September 11, 2002, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8.00 p m The Police Honor Guard presented the colors, and Councilmember Knapp led the Council in the Pledge of Allegiance and delivered the invocation Roll was called with the following result: Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan, and Jack Engebretson Absent: - none Elected and appointed officials present. Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Mike Slater, Director of Finance, State Senator Thaddeus McCotter; Ron Reinke, Superintendent of Parks and Recreation, Karen Kapchonick, Assistant Superintendent of Parks and Recreation, Tom Murphy, Facilities Manager; Herman Bien, Robert Deacon, Kevin Summers and Dennis Wright, members of the Parks and Recreation Commission, and Stan Dobis, Cable Commission On a motion by Brosnan, seconded by Dolan, it was CR 468-02 RESOLVED, that the minutes of the 1,471 st Regular Meeting of the Council held August 28, 2002 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Brosnan and Engebretson NAYS None PRESENT Laura On a motion by Vandersloot, seconded by Brosnan, and unanimously 33706 Regular Meeting of September 11, 2002 adopted, it was CR 469-02 RESOLVED, that the Council does hereby amend the Orders of the Day for the purpose of a Remembrance Ceremony and showing of a film commemorating the victims of "9/11" Mayor Kirksey presented a video of this morning's ceremony commemorating "Always Remember 9/11 Day" that took place on the south lawn of City Hall Councilmember Vandersloot read the following "Always Remember 9/11 Day" Proclamation into the record PROCLAMATION OFFICES OF THE MAYOR AND CITY COUNCIL WHEREAS, in an unprovoked and senseless act of terrorism, four civilian aircraft were hijacked on September 11, 2001, and crashed in New York City, Pennsylvania and the Pentagon, killing and injuring innocent United States citizens of all heritages as well as visiting citizens of foreign nations, and WHEREAS, while we as a Union still continue to recover from the unspeakable loss of so many innocent lives, the indomitable spirit of the United States has been revitalized and given way to numerous expressions of heroism and patriotism, and WHEREAS, the threat of terrorism, destruction and senseless violence must be banished for any free society to exist and as we continue to strive in this extremely vital endeavor to rid humanity of these horrors, we salute the heroism of public safety and rescue workers, volunteers, local officials, and those who responded to these tragic events with courage, selfless compassion, determination, and skill, and WHEREAS, as the citizens of Livonia, Michigan, share in the grief and commemorate the one-year anniversary of the September 11 th tragedies, we extend our deepest condolences to the innocent victims of these unprovoked actions by terrorists, as well as to their families and their friends, and encourage all of our citizens to honor the victims of this date by reaffirming their commitment to sustaining our newfound patriotism through volunteerism, community involvement, and service, NOW, THEREFORE, I, Jack E Kirksey, Mayor of the City of Livonia, County of Wayne, State of Michigan do hereby take this means to join with 33707 Regular Meeting of September 11, 2002 the City Council and proclaim Wednesday, September 11, 2002, as Always Remember 9-11 Day in the City of Livonia, Michigan, a day to mourn, reflect and rededicate ourselves to ending terrorism in commemoration of the anniversary of the terrorist attacks We also encourage our citizens to dedicate their time, talents and energy to lift one another up, to foster a new level of understanding and awareness of one another, honor the memories of all of those who died by being of service to one another, and by building the "stronger, more perfect union" that our founding fathers called for Councilmember Taylor stated that he remembered the attack on Pearl Harbor as being described as a "day of infamy" He stated that 9/11/01 will be remembered as the "day that awoke the sleeping giant" State Senator Thaddeus McCotter commented on the City's participation in 9/11 ceremonies, and stated that the City's personal diversity contributed to the patriotic unity of the City George Boller, 36720 Hammer Lane, 48152, spoke to the Council and was critical of Mayor Kirksey's action on 9/11/01 Mayor Kirksey responded to Mr Boller's remarks Ed Ayyash, 19747 Gary Lane, 48152, stated that he appreciated the efforts of the City to provide safety for all citizens of Livonia On behalf of St. Mary's Antiochian Orthodox Church, he thanked the elected officials who participated in the "9/11" Memorial Service at their basilica During the audience communication portion of the agenda, George Boller, 36720 Hammer Lane, 48152, expressed concern about the serious financial difficulty reported by the Mayor in the Fall City Newsletter, and requested that Council respond to his remarks in like manner Tom Lyon, 33039 Lyndon, 48154, spoke of his concern with the reduction of Fire Department staffing, particularly the loss of advanced life support services as first response in some sections of the community On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was CR 470-02 RESOLVED, that considering the subject-of forming a policy regarding the issuance of Proclamations and Commendations, the Council does hereby refer this matter to the Committee of the Whole for discussion purposes 33708 Regular Meeting of September 11, 2002 A communication from the Department of Finance, dated August 20, 2002, re forwarding various financial statements of the City of Livonia for the month ending July 31, 2002, was received and placed on file for the information of the Council A communication from the Department of Law, dated August 15, 2002, re Lucian and Lucia Ene v Zoning Board of Appeals of the City of Livonia, Wayne County Circuit Court Case No 02-210970 AA, and the decision that said Court upheld the denial by the Zoning Board of Appeals, was received and placed on file for the information of the Council A communication from the Engineering Division, dated June 11, 2002, labeled Exhibit "A", re a lump sum fee payment of $2,867 67 to CSX Railroad from the City of Livonia as opposed to annual payments for two water main crossings at Inkster and Merriman Roads, was received and placed on file for the information of the Council (Agenda Item #7) On a motion by Brosnan, seconded by Taylor, it was CR 471-02 RESOLVED, that having considered a letter from the Coordinator of Special Projects of the Schoolcraft College Foundation, dated August 14, 2002, wherein a request is submitted to place 22" x 14" signs advertising a fall craft show to be conducted on Saturday and Sunday, November 9 and 10, 2002 at Schoolcraft College, the purpose of which is to raise funds for student scholarships, which signs are to be installed no earlier than Monday, November 4, 2002, and removed no later than Monday, November 11, 2002, at various locations in the City, the Council does hereby concur in and approve of this request in the manner and form herein submitted CR 472-02 RESOLVED, that having considered a letter from Jennifer R. Boros, Chairperson, on behalf of Sacred Heart Byzantine Catholic Church, dated August 25, 2002, which requests permission to display two banners, which are to be 3' x 7' in size and located in front of the church, and 20" x 20" signs announcing the Sacred Heart Mom-to-Mom Sale to be conducted on Saturday, October 12, 2002, which signs are to be installed no earlier than Saturday, October 5, 2002, and removed no later than 33709 Regular Meeting of September 11, 2002 Sunday, October 13, 2002, at various locations in the city, the Council does hereby grant and approve this request in the manner and form herein submitted CR 473-02 RESOLVED, that having considered a letter from Christine Stoll, Rummage Sale Advertising Chairperson, dated August 26, 2002, on behalf of St. Genevieve School, requesting permission to display 33 signs announcing a rummage sale to be conducted on Friday and Saturday, October 18 and 19, 2002, which signs shall be displayed no earlier than Friday, October 11, 2002, and removed no later than 5'00 p m on Sunday, October 20, 2002, at various locations in the city, the Council does hereby grant and approve this request in the manner and form herein submitted CR 474-02 RESOLVED, that having considered a letter from the National League of Cities, dated August 14, 2002, with regard to the Annual Business Meeting to be held in Salt Lake City, Utah, on December 7, 2002, the Council does hereby designate Mayor Jack E Kirksey as the Official Representative and Voting Delegate of the City of Livonia at the Annual Meeting and does further designate Councilmember Joe Laura and/or Councilmember Gerald Taylor as the alternates, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 475-02 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission and the Division Director of the Community Development Office-Housing Commission, dated August 14, 2002, approved for submission by the Mayor, and to which is attached Hold Harmless Contracts between the City of Livonia and John Farrar, Ed D, LPC, Madonna University and St. John Health System - Eastwood Clinics for the period August 1, 2002 through July 31, 2003, in connection with funding provided through the Mental Health Counseling Program portion of the Community Development Block Grant (CDBG) program for the 2002-2003 program year, 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 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 476-02 RESOLVED, that Frank and Rosalie Tislerics, 9655 Farmington Road, Livonia, as proprietor, having requested the City Council to approve the proposed preliminary plat of the following subdivision Rambling Acres Subdivision to be located on the west side of Farmington Road between Plymouth Road and Hathaway Avenue in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, the 33710 Regular Meeting of September 11, 2002 said proposed preliminary plat being dated November 7, 2001, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public /to hearing on October 2, 2001, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Division as is set forth in the reports of that Department dated August 8, 2002 and September 4, 2002, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvement, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Division and the Development Plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Division, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16.24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, 33711 Regular Meeting of September 11, 2002 (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts (a) General Improvement Bond $28,900 00, of which at least $10,000 00 shall be in cash (b) Grading & Soil Erosion $ 1,800 00 all cash (c) Monuments and Lot Markers $ 230 00 all cash and require cash payments in addition to the above amounts in the total amount of$3,347 00 In addition, distribution lines for telephone and electric services are to be placed underground throughout the subdivision CR 477-02 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated August 14, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a Supplemental Agreement from CSX Railroad permitting a one time lump sum payment in the amount of $2,867 67 from the City of Livonia to CSX Transportation, Inc to reduce administrative and maintenance costs associated with annual billing for two of the City's water main crossings of the railroad at Inkster and Merriman Roads, the Council does hereby approve the Supplemental Agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby authorized to execute the Supplemental Agreement, for and on behalf of the City of Livonia, with CSX Transportation, Inc. and to do all other things necessary or incidental to the full performance of this resolution 33712 Regular Meeting of September 11, 2002 CR 478-02 RESOLVED, that having considered a communication from the City Engineer, dated August 22, 2002, approved for submission by the Mayor, wherein it is requested that Trillium Court be opened for use as an exit to the west via Norwich Road for the Livonia Public Schools to create a bus stop at the corner of Trillium and Parkside, the Council does hereby concur in and approve this request in the manner and form herein submitted, subject to construction traffic to remain restricted to the new site subdivision area only CR 479-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 22, 2002, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of 4" diameter storm sewer as part of the development of the commercial property located at 19651 Middlebelt Road, on the west side of Middlebelt Road, north of St. Martins Avenue, in the Southeast 1/4 of Section 2, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans, and further that the City will accept jurisdiction and maintenance (at no expense to the County) of approximately 10 If of 4" diameter storm sewer adjacent to the Middlebelt Road right-of-way in connection with the development of the aforementioned site located on the west side of Middlebelt Road, north of St. Martins Avenue, in the Southeast 1/4 of Section 2 (See attached letter from D & D Landhold LLC, dated August 23, 2002, indicating its willingness to reimburse the City for any such maintenance that may become necessary ) 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction CR 480-02 RESOLVED, that having considered a communication from the Department of Law, dated August 13, 2002, approved for submission by the Mayor, to which is attached a letter from Gregory Matteson, Commercial Special Assets Officer for Standard Federal Bank, dated June 25, 2002, the Council does hereby determine to decline the offer of Barbara A. Finn and Standard Federal Bank for the donation of property located at 15150 Levan Road, Livonia, Michigan 48154, (Sidwell No 046- 077-99-0012-006) for the reasons indicated in the aforementioned communication Ether, 33713 Regular Meeting of September 11, 2002 CR 481-02 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, October 21, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2002-06-01-09, submitted by Eddi Ayyash for a change of zoning of property located on the west side of Wayne Road between Ann Arbor Trail and Edward Hines Drive in the Southwest 1/4 of Section 33 from C-1 to R-8, the City Planning Commission in its resolution 08-97-2002 having recommended to the City Council that Petition 2002-06-01-09, as amended so as to rezone this property to R-7, be approved, and (2) Petition 2002-07-01-10, submitted by Henry Mark Stein and Jacalyn Newman Simon for a change of property located on the east side of Newburgh Road between Five Mile and Ladywood Roads (15552 Newburgh Road) in the Southwest 1/4 of Section 17 from R-2A to OS, the City Planning Commission in its resolution 08- 98-2002 having recommended to the City Council that Petition 2002-07-01-10 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution CR 482-02 RESOLVED, that having considered a communication from Gregory Wilson Davis, dated August 30, 2002, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on August 20, 2002 by the City Planning Commission in its resolution 08-101-2002 with regard to Petition 2002-07-02-13 submitted by Gregory W Davis, on behalf of Greg Davis Landscaping, requesting waiver use approval to permit outside storage of trucks, trailers and equipment in connection with 33714 Regular Meeting of September 11, 2002 a landscaping maintenance business located on the west side of Fremont Avenue between Eight Mile Road and Morlock Avenue in the Northeast 1/4 of Section 2, which property is zoned M-1, the Council does hereby designate Monday, October 21, 2002, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS None On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 483-02 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 26, 2002, submitted pursuant to Council Resolution 69-02, regarding the issue of changing the Zoning Ordinance relative to notification requirements for site plan modifications, the Council does hereby determine to take no further action with regard to this matter On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was CR 484-02 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 26, 2002, submitted pursuant to Council Resolution 69-02, regarding the issue of changing the Zoning Ordinance relative to notification requirements for site plan modifications, the Council does hereby refer the subject of educating citizens on "How Livonia Government Works" to the Mayor for a report and recommendation On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was 33715 Regular Meeting of September 11, 2002 CR 485-02 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 26, 2002, submitted pursuant to Council Resolution 69-02, regarding the issue of changing the Zoning Ordinance relative to notification requirements for site plan modifications, the Council does hereby refer the subject of a "Council Night In" to the Committee of the Whole for its report and recommendation On a motion by Knapp, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 26, 2002, submitted pursuant to Council Resolution 69-02, regarding the issue of changing the Zoning Ordinance relative to notification requirements for site plan modifications, the Council does hereby refer the subject of improving the notification process and extending notification limits regarding rezoning petitions to the Mayor for a report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Vandersloot and Laura NAYS Dolan, Taylor, Brosnan and Engebretson The President declared the resolution failed A communication from the Planning Department, dated July 26, 2002, re site plan notification, and the Planning Commission's concurrence with the Law Department that no change to the current procedure is necessary, was received and placed on file for the information of the Council (CR 68-02) A communication from the Department of Law, dated March 13, 2002, re notice of proposed site plan amendments, and their recommendation that no changes be made to this procedure, was received and placed on file for the information of the Council (CR 68-02) On a motion by Brosnan, seconded by Taylor, and unanimously adopted, Lit was 33716 Regular Meeting of September 11, 2002 CR 486-02 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 9, 2002, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby establish the following fees as of March 1, 2002 for Telecommunications Permit Applications and annual maintenance fees for access to and use of public rights-of-way by telecommunications providers Telecommunications Permit Application Fee $500 00 Annual Maintenance Fees For the period up to November 1, 2002 0 02 per linear foot of public right-of-way occupied by the provider's facilities For the period after November 1, 2002 fees and charges shall not exceed those established in PA 48 of 2002 that shall be paid to the State of Michigan Metropolitan Extension Telecommunications Rights- of-Way Oversight Authority on April 29, 2003 and each year thereafter FURTHER, the Council does hereby rescind and repeal Council Resolution Nos 283-00 and 172-01, adopted on April 19, 2000 and March 19, 2001 On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 487-02 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 26, 2002, submitted pursuant to Council Resolution 256-02, in connection with the establishment of revised fees for telecommunications permit applications and for access to and use of public rights-of-way by telecommunications providers, the Council does hereby refer the subject of the types and amounts of bonds which should be posted in connection with the construction of telecommunication facilities to the Department of Law for its report and recommendation On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 488-02 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 26, 2002, 33717 Regular Meeting of September 11, 2002 submitted pursuant to Council Resolution 256-02, in connection with the establishment of revised fees for telecommunications permit applications and for access to and use of public rights-of-way by telecommunications providers, the Council does hereby refer the subject of amounts owed and paid by existing telecommunications providers in the City of Livonia to the Department of Law for its report and recommendation On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 489-02 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 9, 2002, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding annual fees paid by TCG Detroit in March, 2002 for access to and use of public rights-of-way, the Council does hereby request that the Finance Department take all steps necessary to process a refund to TCG Detroit for the amount of annual per foot fees paid in March, 2002 which exceeded 2 cents per linear foot of public right-of-way occupied by TCG Detroit's facilities On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 490-02 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 9, 2002, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding annual fees paid by telecommunications providers for access to and use of public rights-of- way, the Council does hereby request that the Finance Department prepare revised invoices to be sent to telecommunications providers that have received telecommunications permits from the City of Livonia to reflect reduced per linear foot annual fees of 2 cents per linear foot of public right-of-way occupied by the provider's facilities On a motion by Vandersloot, seconded by Taylor, and unanimously adopted, it was CR 491-02 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated August 27, 2002, submitted pursuant to Council Resolution 349-02, in connection with the request for exemption for the Livonia Community Recreation Center from the City's Grid Policy for non-profit and charitable organizations, the Council does hereby concur in the recommendation of the Parks and 33718 Regular Meeting of September 11, 2002 Recreation Commission as set forth in its resolution 2599-02, adopted on June 12, 2002, and hereby determines that the Livonia Community Recreation Center shall be exempt from the City's grid policy regarding p non-profit and charitable organizations On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 492-02 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated August 27, 2002, submitted pursuant to Council Resolution 352-02, in connection with the proposed policy for the establishment and enactment of activity and program fees at the Livonia Community Recreation Center, the Council does hereby concur in the recommendation of the Parks and Recreation Commission as set forth in its resolution 2597-02 and 2598-02, adopted on June 12, 2002, and hereby determines that the Parks and Recreation Commission shall be allowed to set activity and program fees for the Livonia Community Recreation Center; FURTHER, the Council does hereby approve activity and program fees for the Livonia Community Recreation Center as set forth in the attachment to Parks and Recreation Commission Resolution 2598-02 A communication from the Department of Finance, dated August 28, 2002, re estimated expenditures for the Livonia Community Recreation Center, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 493-02 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated August 27, 2002, submitted pursuant to Council Resolution 353-02, in connection with the fee structure for daily, annual and multi-use passes for the Livonia Community Recreation Center to allow the facility to operate without any General Fund subsidy, the Council does hereby concur in the recommendation of the Parks and Recreation Commission as set forth in its resolution 2596-02, adopted on June 12, 2002, 'and does hereby approve the fee structure for daily, annual and multi-use passes for the Livonia Community Recreation Center as set forth in the attachment to Parks and Recreation Commission Resolution 2596-02 33719 Regular Meeting of September 11, 2002 A communication from an anonymous citizen, dated September 9, 2002, re opposition to the request for a rezoning of the former Ardmore property, located on Farmington Road between Seven Mile Road and Fargo Avenue, was received and placed on file for the information of the Council (Petition 2002-06-01-08) A communication from the Planning Department, dated September 5, 2002, re vacant office space in the City of Livonia is estimated at 13 1%, including direct and sublet space, relative to a rezoning request of the former Ardmore property, located on Farmington Road between Seven Mile Road and Fargo Avenue, was received and placed on file for the information of the Council (Petition 2002-06-01-08) A communication from the Planning Department, dated August 27, 2002, re vacant office space in the City of Livonia is estimated at 10 6%, which is based on direct space, relative to a rezoning request of the former Ardmore property, located on Farmington Road between Seven Mile Road and Fargo Avenue, was received and placed on file for the information of the Council (Petition 2002-06-01-08) A communication from the Planning Department, dated August 19, 2002, re a valid protest not being in effect relative to a rezoning request of the former Ardmore property, located on Farmington Road between Seven Mile Road and Fargo Avenue, was received and placed on file for the information of the Council (Petition 2002-06-01-08) On a motion by Laura, seconded by Dolan, it was. CR 494-02 RESOLVED, that having considered a communication from the City Planning Commission, dated July 17, 2002, which sets forth its resolution 07-82-2002, adopted on July 16, 2002, with regard to Petition 2002-06-01-08, submitted by Steven J Schafer, on behalf of Ardmore Development, L.L.0 , for a change of zoning of property located on the east side of Farmington Road between Seven Mile Road and Fargo 33720 Regular Meeting of September 11, 2002 Avenue in the West 1/2 of Section 3 (known as the Ardmore property), from OS to RC and R-3A, and the Council having conducted a public hearing with regard to this matter on August 13, 2002, pursuant to Council Resolution 392-02, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Vandersloot, Dolan, Laura and Brosnan NAYS Taylor and Engebretson The President declared the resolution duly adopted On a motion by Vandersloot, seconded by Brosnan, it was CR 495-02 RESOLVED, that having considered a communication from the City Planning Commission, dated July 17, 2002, which sets forth its resolution 07-82-2002, adopted on July 16, 2002, with regard to Petition 2002-06-01-08, submitted by Steven J Schafer, on behalf of Ardmore Development, L L C , for a change of zoning of property located on the east side of Farmington Road between Seven Mile Road and Fargo Avenue in the West 1/2 of Section 3 (known as the Ardmore property), from OS to RC and R-3A, and the Council having conducted a public hearing with regard to this matter on August 13, 2002, pursuant to Council Resolution 392-02, the Council does hereby approve Petition 2002-06-01- 08 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: AYES Knapp, Vandersloot, Dolan, Taylor, Brosnan and Engebretson NAYS Laura The President declared the resolution duly adopted On a motion by Knapp, seconded by Brosnan, and unanimously adopted, it was 33721 Regular Meeting of September 11, 2002 CR 496-02 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of 12 90 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 86", and WHEREAS, written notice has been given by certified mail to Leone Enterprises, Inc., of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 86, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 86, and WHEREAS, on August 19, 2002 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 86, at which time Leone Enterprises, Inc and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Leone Enterprises, Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 86 " EXHIBIT A ADDRESS 30650 — 30660 Plymouth Road City of Livonia Wayne County, Michigan 48150 S I DW E L L. 103-99-0029-000 LEGAL: Land located in the City of Livonia, Wayne County, Michigan, described as 33722 Regular Meeting of September 11, 2002 Part of the southwest quarter Section 26, TI S, R9E Described as beginning at a point on the south line of said section distant E 1312 40 ft. from the southwest corner of Section 26 and proceeding thence East 500 0 ft., thence N 00°14'30" W 1000 0 ft., thence West 397 0 ft., thence N 23°13'55" W 217 65 ft., thence N 00°14'00" W 430 30 ft., thence N 06°11'20" E 125 0 ft., thence N 00°14'30" W 520 0 ft., thence N 40°29'40" E 410 69 ft., thence N 89°55'30" W along the South line of Chesapeake and Ohio RR Rights of Way 300 ft., thence S 00°14'30" E 2592.28 ft. to Point of Beginning excluding the south 60ft. thereof 12 90 acres Subject to the rights of the public and any governmental unit in any part thereof, taken used or deeded for street, road or highway purposes During the audience communication portion of the agenda at the end of the meeting, Kim Naccashian, 32750 Norfolk, 48152, asked for an explanation of what the council resolutions passed at this evening's meeting regarding the Ardmore property meant. Councilmember Knapp congratulated St. Mary Antiochian Orthodox Church on the consecration of their new basilica Councilmember Taylor wished a "Happy Birthday" to Barbara Kurzeja, Clerk Typist I, in the City Council office On a motion by Brosnan, seconded by Dolan, and unanimously adopted, this 1,472nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 44 p m , September 11, 2002 YL can McCotter, City Clerk