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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-03-30 3c'039 MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRTY-THIRD REGULAR MEETING OF MARCH 30, 2005 er. On March 30, 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. Council Vice-President Meakin delivered the invocation Roll was called with the following result: Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, Thomas Robinson, Donald Knapp and Gerald Taylor Absent: James McCann, serving the City in a different capacity Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk and Karen Szymula, Director of Legislative Affairs On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 114-05 RESOLVED, that the minutes of the 1532nd Regular Meeting of the Council held March 16, 2005 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember Robinson thanked the Livonia Police Department for their excellent work in arresting a suspect involved in 25 home invasions here in Livonia, as reported in a recent newspaper article Council President Taylor announced that Public Hearings for the following items would be held on Monday, April 25, 2005 at 7 00 P M in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI 1 Request from William F Hogg, Jr, President, Valassis Manufacturing Company, 19975 Victor Parkway, Livonia, MI, requests approval of an Industrial Facilities Exemption Certificate for the facility located at 38905 West Six Mile Road, Livonia, MI Regular Council Meeting of March 30, 2005 39040 2 Amended Street Lighting Project - Sunset Subdivision, located south of 8 Mile between Merriman and Milburn in the N W 1/4 of Section 2 Establishment of the Amended Special Assessment Roll 3 Proposed Special Assessment Street Lighting Project - Clarita Commons Site Condominiums, located south of Clarita, between Middlebeit and Melvin, in the N E 1/4 of Section 11 Necessity 4 Proposed Special Assessment Street Lighting Project - Camborne Stark School Subdivision, located west of Stark Road, between Hines Drive and Plymouth Road, in the N W 1/4 of Section 33 Necessity 5 Proposed Special Assessment Street Lighting Project - Castle Woods Subdivision, located south of Lyndon, between Newburgh and Stonehouse, in the S E 1/4 of Section 19 Necessity 6 Proposed Special Assessment Street Lighting Project - Glenn's Farm Subdivision, located north of Six Mile, between Stamwich and Cross Winds Road, in the S E 1/4 of Section 11 Necessity A communication from the Department of Finance, dated March 10, 2005, re forwarding various financial statements of the City of Livonia for the month ending December 31, 2004, was received and placed on file for the information of the Council At the direction of the Chair, Item No 24 was removed from the Consent Agenda and placed on the Regular Agenda On a motion by Knapp, seconded by Godfroid-Marecki, it was CR 115-05 RESOLVED, that having considered a letter from Rachelle Doublet, MOPS Sale Coordinator, on behalf of St. Edith's Church, dated March 14, 2005, which requests permission to display 14" x 23" signs at various locations in the City, and a 2' x 3' banner in front of the church, announcing St. Edith's Mom-to Mom sale to be conducted on Saturday, April 23, 2005, which signs are to be installed no earlier than Saturday, April 16, 2005, and removed no later than Saturday, April 23, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 116-05 RESOLVED, that having considered a communication from the City Clerk, dated March 8, 2005, forwarding an application submitted by Mariah A. Colella, 6620 Academy Dr , Brighton, Michigan 48116-9562, for a Therapeutic Massage Apprentice Permit and in accordance with Regular Council Meeting of March 30, 2005 39041 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 CR 117-05 RESOLVED, that having considered a communication from the City Clerk, dated March 8, 2005, forwarding an application submitted by Jane Kaleski, 1488 Sheridan St., Plymouth, Michigan 48170-1533, for a Therapeutic Massage Permit 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 CR 118-05 RESOLVED, that having considered a letter from Mr Leka Dinaj, 3355 Sandy Point, Shelby Twp , Michigan 48316, dated March 7, 2005, requesting a waiver of the sidewalk requirement in front of his residence located at 9336 Cardwell in the Southeast 1/4 of Section 36, and having further considered the report and recommendation of the City Engineer, dated March 15, 2005, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date CR 119-05 RESOLVED, that having considered a letter from Kim Kostich, Anchor Homes, LLC, dated March 9, 2005, requesting a waiver of the sidewalk requirement in front of two new homes located at 15608 Woodring and 15616 Woodring in the Southwest 1/4 of Section 15, and having further considered the report and recommendation of the City Engineer, dated March 15, 2005, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject properties would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date CR 120-05 RESOLVED, that having considered an e-mail communication from Larry Dilworth, 18321 Glengarry Drive, Livonia, Michigan 48152, dated March 11, 2005, requesting a waiver of the sidewalk requirement in front of a new home to be constructed at 19453 Regular Council Meeting of March 30, 2005 39042 Fitzgerald, located north of Seven Mile and east of Newburgh Roads in the Southwest 1/4 of Section 5, and having further considered the report and recommendation of the City Engineer, dated March 15, 2005, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date CR 121-05 RESOLVED, that having considered a communication from the City Assessor, dated March 1, 2005, approved for submission by the Mayor, with regard to a request from Angelo Mauti of 17017 Doris Street, Livonia, Michigan 48154, for the proposed division of Tax Item No 46- 011-01-0114-000 (19505 Westmore) into two parcels, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation The 2004 Livonia Annual Report of Bright House Networks, received from Robert A. McCann, Division President of Bright House Networks, Detroit Region, was received and placed on file for the information of the Council CR 122-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated March 8, 2005, 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 Suburban Heating and Cooling, 33539 Plymouth Road, Livonia, Michigan 48150, for completing all work required in connection with the purchase and installation of 122 air conditioner condensers at the Newburgh Village housing facility for the total price of $86,400 00, (which amount includes a $2,000 00 contract allowance), the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $86,400 00 from Account No 234-800-818-677 (CDBG) for this purpose, and the Director of the Housing Commission is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Director of the Housing Commission is hereby authorized to execute a contract for and on behalf of the Livonia Housing Commission with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 123-05 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 14, 2005, Regular Council Meeting of March 30, 2005 39043 approved for submission by the Mayor, with regard to proposals received for ambulance billing services and interviewing potential providers, the Council does hereby refer this item to the Finance, Insurance and Budget Committee for its report and recommendation A communication from Michael T Slater, Treasurer, Plymouth Road Development Authority, dated March 9, 2005, re 2004 Annual Report of the Plymouth Road Development Authority, was received and placed on file for the information of the Council CR 124-05 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 11, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of I D Enterprises, 32788 Five Mile Road, Livonia, Michigan 48154, for design (cover and typesetting), three proofs, editing, printing and sorting of the "L" Magazine, at the unit prices specified in the aforesaid communication per issue, for a two year period from April 1, 2005, through March 31, 2007, said unit prices having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize the expenditure of an amount not to exceed $48,000 00 from Account No 101-707-904-000 (Parks and Recreation) and Account No 208-755-905-000 (Community Recreation) for this purpose CR 125-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 11, 2005, 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 Spartan Distributors, Inc , 487 W Division Street, Sparta, Michigan 49345, for supplying the Department of Parks and Recreation with three (3) Toro Greensmaster 3150 (#04357) mowers (one mower for each of the three golf courses) for a net price of $52,846 28, based on a total price of $58,946 28 less trade-ins of $6,100 00, and one Toro Groundsmaster 3500-D mower (for Fox Creek Golf Course) for a net price of $23,583 73, based on a total price of $25,583 73 less trade-ins of $2,000 00, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract Agreement No 071 BI001610), 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 expenditure of funds already budgeted from Account Nos 508-686-140-686 (Whispering Regular Council Meeting of March 30, 2005 39044 Willows), 508-687-140-687 (Idyl Wyld) and 508-688-140-688 (Fox Creek) for this purpose CR 126-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 11, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which sets forth Parks and Recreation resolution 2785-05, adopted on February 15, 2005, wherein the Commission recommended that a policy be adopted with regard to athletic facility rentals as follows Any group or individual receiving a discounted rate on facility reservations must notify Livonia Parks and Recreation at least 14 days in advance of any non-use of a facility reserved or they will be charged the full hourly reservation fee for all time not used unless the facility was cancelled due to inclement weather; the Council does hereby concur in and approve of such action CR 127-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 14, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which sets forth Parks and Recreation resolution 2780-05, adopted on January 10, 2005, wherein the Commission recommended that improvements be made to the Skateboard Park at the Community Recreation Center, the Council does hereby accept the bid of Keystone Fence, 25429 Plymouth Road, Redford, Michigan 48239, for completing all work required in connection with the removal of the existing six (6) foot cyclone fence and installation of a 10 foot high ornamental aluminum fence, as well as a 10' x 8' wide double leaf swing gate that would encompass the Skateboard Park, the same having been the lowest bid received and meets specifications, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $40,300 00 from the Unexpended Fund Balance of the Community Recreation Fund (208) for this purpose, 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 bidder and to do all other things necessary or incidental to the full performance of this resolution CR 128-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 14, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which sets forth Parks and Recreation resolution 2780-05, adopted on January 10, 2005, wherein the Regular Council Meeting of March 30, 2005 39045 Commission recommended that improvements be made to the Skateboard Park at the Community Recreation Center, the Council does hereby accept the bid of Davey Commercial Grounds Management, 25249 N Telegraph, Flat Rock, Michigan 48134, for completing all work required in connection with installing additional landscaping consisting of 23 evergreen trees (16-18 feet in height), necessary seed, mulch and topsoil at the Skateboard Park, the Council having determined to accept such bid in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $25,645 00 from the Unexpended Fund Balance of the Community Recreation Fund (208) for this purpose, FURTHER, the bid of D & J Lawn Snow Inc is hereby rejected for the reasons set forth in the aforesaid report, 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 bidder and to do all other things necessary or incidental to the full performance of this resolution CR 129-05 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated March 1, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3568 02/05, the Council does hereby accept the low overall bid of D'Angelo Brothers, Inc , 25543 Ranchwood, Farmington Hills, Michigan 48335, for performing water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid, for the period April 1, 2005 through November 30, 2006, with a cap of $4,000 00 in the retainage amount, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 592-559-818-000 (Water Maintenance Section) for this purpose, 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 bidder and to do all other things necessary or incidental to the full performance of this resolution CR 130-05 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated March 1, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Water and Sewer Board resolution WS 3565 02/05, the Council does hereby accept the low quotation of CJR Water Service Specialist, 30602 East Point Drive, Gibraltar, Michigan 48173, to test, repair and calibrate large commercial water meters at the unit prices quoted for all meter sizes requested for the period through December 31, 2005, for the estimated amount of { $26,580 00, FURTHER, in the event the aforesaid company is unable to perform the said service, the Council does hereby accept the second low quotation of Vanguard Utility Service, Inc , 233 W 9th Street, Suite 204, Regular Council Meeting of March 30, 2005 39046 Owensboro, Kentucky 42303, as an alternate to perform this work at the unit prices quoted for all meter sizes requested for the period through December 31, 2005, for the estimated amount of $26,960 00, and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 592-559-818-000 (Water and Sewer Contractual Services) for this purpose CR 131-05 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated March 2, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the West Nile Virus Program and Catch Basin Larvicide Treatment, the Council does hereby authorize the purchase of thirty-one (31) cases of Altosid XR Briquets - 150 Day Release for the total amount of $18,686 80, from Clarke Mosquito Control Products, Inc , 159 Garden Avenue, Roselle, Illinois 60172, the same to be expended from funds already budgeted in Account No 205-526-805-010 (Municipal Refuse Fund - Pest Control) 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 04 140 D 4 of the Livonia Code of Ordinances, as amended CR 132-05 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated March 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize a one-year extension of the contract with Great Lakes Sanitation, P 0 Box 631 , Eastpointe, Michigan 48021, to provide portable toilet service for the 2005 season at the unit prices bid in their proposal dated March 11, 2003, with the understanding that such service shall also include hand washing stations at no cost at each of the special events where portable toilet service is provided and a lavatory trailer unit at the unit price of $300 00 for the Arts and Crafts Festival, FURTHER, the Council does hereby authorize this service 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, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 205-527-818-000 (Municipal Refuse Fund) for this purpose Regular Council Meeting of March 30, 2005 39047 CR 133-05 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated March 2, 2005, which bears the signature ikor of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to which is attached a proposed Household Hazardous Waste Collection Event Standard Contract between the City of Livonia and The Environmental Quality Company to provide services for the 2005 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 2005 Household Hazardous Waste Collection Program, the Livonia event being held on May 7, 2005 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 $30,000 00 for Livonia residents' use of the Northville/Northville Township September 24, 2005 Household Hazardous Waste Drop-Off event, 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 134-05 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 14, 2005, which bears the signature of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed Professional Services Contract between the City of Livonia and Orchard, Hiltz & McCliment, Inc , the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached contract between the City of Livonia and Orchard, Hiltz and McCliment, 34000 Plymouth Road, Livonia, Michigan 48150, for engineering design services in connection with the Grant Agreement between the City of Livonia and Wayne County for the Ann Arbor Trail Sanitary Sewer Separation Project (previously approved in Council Resolution 35-05, adopted on February 9, 2005) for the total amount of Regular Council Meeting of March 30, 2005 39048 $39,950 00, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $39,950 00 from the Water and Sewer Fund (592) for this purpose, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended CR 135-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 18, 2005, which bears the signature of the Director of Finance, is approved by the Chief Judge of the 16th District Court, the Director of Public Works and the Director of Community Resources, and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Hayball Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150, for completing all work required in connection with the Senior Center and District Court Parking Lot Expansion Project at the unit prices bid in 2004 for a total amount not to exceed $25,125 00, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $17,125 00 from the Unexpended Fund Balance of the Community Recreation Fund (208) as originally anticipated when the Senior Citizen expansion budget was prepared, FURTHER, the Council does hereby authorize an invoice be sent to the 16th District Court in the amount of $8,000 00 for its share of the work, FURTHER, the Council does hereby authorize 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, 'and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 136-05 RESOLVED, that having considered a communication from the Department of Law, dated March 9, 2005, approved for submission by the Mayor, to which is attached a proposed Agreement for Payment of Electricity Charges between the City of Livonia and Quicken Loans in order to allow Quicken Loans to access an electric meter located at the "Greenmead Soccer Field" for supplying electricity for the operation of parking lot lights at Parking Lot No 5, and Quicken Loans shall reimburse the City for the monthly electrical supply costs (less $55 00 per month for the City's usage), the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement L Regular Council Meeting of March 30, 2005 39049 with Quicken Loans and to do all things necessary or incidental to the full performance of this resolution CR 137-05 RESOLVED, that having considered a communication from the Department of Law, dated March 9, 2005, approved for submission by the Mayor, with regard to a proposed ordinance amendment to Section 11 03(p) (Waiver Uses) of Zoning Ordinance No 543, as amended, to give the Planning Commission and City Council additional authority to regulate new retail uses in excess of 30,000 square feet, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance A roll vote was taken on the foregoing resolutions with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, Robinson, Knapp and Taylor NAYS None A communication from Carl Creighton, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, dated March 25, 2005, re requesting that a previous withdrawal of a rezoning petition for Thoroughbred Properties, LLC be withdrawn, and that this petition be placed in the Committee of the Whole pending completion of a Site Plan and rezoning process, was received and placed on file for the information of the Council (Petition 2004-10-01-12) On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 138-05 RESOLVED, that having considered a communication from Carl V Creighton, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, dated March 3, 2005, wherein it is requested that Petition 2004-10- 01-12, submitted by Thoroughbred Properties, LLC, on behalf of the Margaret Holley Estate and Vincio Bonin and Angela Bonin, for a change of zoning of property located at 14821 and 14829 Farmington Road, on the west side of Farmington Road, between Lyndon Road and Five Mile Road in the Northeast 1/4 of Section 21 from R-2 to OS, be withdrawn, the Council does hereby determine to refer this Petition to the Committee of the Whole for a report and recommendation Regular Council Meeting of March 30, 2005 39050 On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 139-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 8, 2005, submitted pursuant to Council Resolution 589-04, in connection with a communication from the City Planning Commission, dated November 23, 2004, which sets forth its resolution 11-150-2004, adopted on November 16, 2004, with regard to a request from Schostak Brothers & Company, Inc , on behalf of The Village Shops of Wonderland West, for a one-year extension of the approval of Petition 2003-09-08-25 in connection with the approval of all plans for a proposal to construct a commercial development on property located at 30255 Plymouth Road, on the south side of Plymouth Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 35, previously granted in Council Resolution 583-03, adopted on November 5, 2003, the Council does hereby concur in the recommendation of the Planning Commission and the requested extension of the Site Plan Approval in connection with Petition 2003-09- 08-25 is hereby approved, subject to the following conditions 1 That the request by The Village Shops of Wonderland, in a letter dated October 19, 2004, for an extension of Site Plan Approval of Phase I West of the new commercial center to be located on a portion of the Wonderland Mall property, is hereby approved for a one-year period, and 2 That all conditions imposed by Council Resolution 583-03 in connection with Petition 2003-09-08-25 shall remain in effect to the extent that they are not in conflict with the foregoing conditions The subject matter of The Village Shops of Wonderland East, located at 29859 Plymouth Road, is to remain in committee for updates to the public (Petition 2003-09-08-24) A communication from the Department of Law, dated March 10, 2005, re a revised Golf Course Operations Contract Extension between the City of Livonia and Thomas J Welsh and T J W Inc, 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 Regular Council Meeting of March 30, 2005 39051 CR 140-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 22, 2005, submitted pursuant to Council Resolution 32-05, in connection with the extension of the golf course operations contract with T J W Inc , the Council does hereby approve an extension of the Golf Course Operations Contract between the City of Livonia and Thomas J Welsh and T J W Inc., for Whispering Willows, Idyl Wyld and Fox Creek Golf Courses (previously approved in Council Resolution 109-01), for a period commencing April 1, 2005 through November 30, 2009, with an option to extend the contract for two (2) four-year periods, and providing an increase in the cart fees paid by golfers, as well as an increase in the annual Trail Fee paid to the City by the Golf Pro, with the understanding that the contract can be terminated or renegotiated in the event the City decides to sell or transfer ownership of one or more of the Golf Courses, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the revised contract, as well as to do all other things necessary or incidental to the full performance of this resolution Councilmember Kokenakes took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER 21 (TRAFFIC VIOLATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, Robinson, Knapp and Taylor 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 SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, Regular Council Meeting of March 30, 2005 39052 KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2004-11-01-16) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, Robinson, Knapp and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 141-05 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 2, 2004, and the report and recommendation of the Chief of Police, dated March 2, 2005, approved for submission by the Director of Public Safety and the Mayor, with regard to a request from DePalma, Inc. to transfer ownership of a 2002 Class C Licensed Business (in escrow) with Dance-Entertainment Permit from Kreative Ventures, Inc with license to be held in escrow, for the business located at 31735 Plymouth Road, Livonia, Michigan, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 142-05 RESOLVED, that having considered a communication from the City Planning Commission, dated March 4, 2005, which transmits its resolution 03-19-2005, adopted on March 1, 2005, with regard to Petition 2005-01-02-01, submitted by MNC Motors, Inc , requesting waiver use approval to operate an indoor showroom for the sale and display of used automobiles on property located at 28780 Plymouth Road, on the north side of Plymouth Road between Middlebelt Road and Hartel Avenue in the Southwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-01-02-01 is hereby approved and granted, subject to the following conditions Regular Council Meeting of March 30, 2005 39053 That the Floor Plan marked Sheet A-1 prepared by D'Anna Associates Architects & Planners, dated January 7, 2005, is hereby approved and shall be adhered to, 2 That the revised North Elevation Plan marked Sheet A-2 prepared by D'Anna Associates Architects & Planners, dated January 7, 2005, is hereby approved and shall be adhered to, and there shall be no additional changes to the exterior of the building, other than signage, unless approved by the Planning Commission and City Council, 3 That repair or maintenance work on vehicles shall not be conducted at this site, 4 That all vehicles offered for sale shall be displayed and/or stored inside the building only; 5 That there shall be no outdoor parking or storage of disabled, damaged or dismantled vehicles and no overnight outdoor parking or storage of any vehicles on the site, 6 That the following issues as outlined in the correspondence dated February 11, 2005, from the Inspection Department shall be rectified to that department's satisfaction • That the expired new building permit will be renewed as required and all original conditions shall be completed, • That this use, if approved, will require a zoning compliance and alteration permit with submittals to the Fire Marshal, 7 That the petitioner shall comply with the stipulations listed in the correspondence dated February 4, 2005, from the Livonia Fire and Rescue Division • If subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, • Due to the noted width of 22 feet, this Division requests that the entrance drive be posted (on both sides) "Fire Lane — No Parking," • Fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of apparatus, and have a minimum of 13 feet 6 inches of vertical clearance, Regular Council Meeting of March 30, 2005 39054 • An approved turnaround for fire apparatus shall be provided where an access road is a dead end and is in excess of 150 feet in length, the authority having jurisdiction shall approve the grade, surface, and location of the fire lane, • T or Y turnaround arrangements shall be permitted, • 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, 8 That this approval is subject to the minimum lot width and area requirements for a motor vehicle sales facility being modified by the City Council by means of a separate resolution in which two-thirds of the City Council concur; 9 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 10 That all other conditions imposed by Council Resolution #439-03, which granted site plan approval for the development of the subject property, shall remain in effect to the extent that they are not in conflict with the foregoing conditions, and 11 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 On a motion by Robinson, seconded by Knapp, it was CR 143-05 RESOLVED, that having considered a communication from the City Planning Commission, dated March 4, 2005, which transmits its resolution 03-19-2005, adopted on March 1, 2005, with regard to Petition 2005-01-02-01, submitted by MNC Motors, Inc., requesting waiver use approval to operate an indoor showroom for the sale and display of used automobiles on property located at 28780 Plymouth Road, on the north side of Plymouth Road, between Middlebelt Road and Hartel Avenue, in the Southwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby approve a modification of the requirement set forth in Section 11 03(G)(1) of Zoning Ordinance No 543, as amended, which requires that such use shall be located on a parcel of land containing no less than one-half (1/2) acre and having a width of at least one hundred (100) feet at the front lot line, to enable this indoor showroom for the sale and display of Regular Council Meeting of March 30, 2005 39055 used automobiles to operate on a parcel of land containing approximately 0 42 acres and having a width of seventy (70) feet at the front lot line A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, Robinson, Knapp and Taylor NAYS None On a motion by Meakin, seconded by Knapp, it was CR 144-05 RESOLVED, that having considered a communication from the City Planning Commission, dated March 4, 2005, which transmits its resolution 03-21-2005, adopted on March 1, 2005, with regard to Petition 2005-01-02-03, submitted by K4 Architecture, LLC, on behalf of Fifth Third Bank, requesting waiver use approval to construct a full-service banking center with drive-up window facilities located at 19025 Newburgh Road, on the west side of Newburgh Road, between Seven Mile Road and Kingsburn Drive in the Northeast 1/4 of Section 7, which property is zoned OS, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-01-02-03 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SDP-1 prepared by K4 Architecture, LLC, dated February 21, 2005, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 prepared by J Eppink Partners, Inc , dated February 21, 2005, as revised, is hereby approved and shall be adhered to, 3 That all disturbed and new lawn areas shall be sodded in lieu of hydroseeding, 4 That an automated irrigation system shall be provided for all lawn and planting bed areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Building Elevations Plan marked Sheet A-2 prepared by K4 Architecture, LLC, dated February 21, 2005, as revised, is hereby approved and shall be adhered to, Regular Council Meeting of March 30, 2005 39056 6 That the brick used for the construction of the building and for the screen wall for the mechanical equipment enclosure shall be full face 4-inch brick, no exceptions, 7 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 8 That all parking spaces provided in connection with this use shall be double striped, 9 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 10 That the total of all signage, both ground and wall signs, shall not exceed 40 square feet, subject to the granting of a variance for excess signage by the Zoning Board of Appeals and any conditions pertaining thereto, 11 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 12 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 13 That the petitioner shall comply with the following stipulations listed in the correspondence dated February 4, 2005, from the Livonia Fire and Rescue Division, • If subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, • Due to the noted width of the drives of 16 feet and 20 feet, this Division requests that "Fire Lane — No Parking" be posted on building sides (east and west), • Access around building shall be provided for emergency vehicles with turning radius up to 45 feet wall-to-wall and a minimum vertical clearance of 13% feet; • Hydrant spacing in the commercial/retail groupings shall be consistent with City of Livonia Ordinances, • Fire lanes shall be marked with freestanding signs or marked curbs, sidewalks, or other traffic surfaces that have the words Regular Council Meeting of March 30, 2005 39057 "Fire Lane — No Parking" painted in contrasting colors at a size and spacing approved by the authority having jurisdiction, 14 That this approval shall incorporate the following recommendations listed in the correspondence dated February 10, 2005, from the Traffic Bureau of the Division of Police, • Installation of a stop sign for existing vehicles at Seven Mile Road, • Installation of a stop sign for exiting vehicles at Newburgh Road, • Installation of no left turn signs at both exits, and 15 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, Knapp and Taylor NAYS Robinson The President declared the resolution duly adopted A communication from Jeff Williams, Routing Director, Wade Shows, Inc , dated March 22, 2005, re two options of where to place housing units in connection with a carnival that will be held at the vacant Wonderland Mall parking lot, was received and placed on file for the information of the Council (Petition 2005-01-02-05) A communication from Jeff Williams, Routing Director, Wade Shows, Inc , dated March 24, 2005, re relocating to the east a carnival that will be held at the vacant Wonderland Mall parking lot, was received and placed on file for the information of the Council (Petition 2005-01-02-05) On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was Regular Council Meeting of March 30, 2005 39058 CR 145-05 RESOLVED, that having considered a communication from the City Planning Commission, dated March 4, 2005, which transmits its resolution 03-22-2005, adopted on March 1, 2005, with regard to Petition 2005-01-02-05, submitted by Jeff Williams, on behalf of Wade Shows, Inc , requesting waiver use approval to conduct a carnival sponsored by the Livonia Rotary Club consisting of rides, games and food concessions from Thursday, May 12 through Sunday, May 22, 2005, inclusive, on property located on the south side of Plymouth Road, between Middlebelt Road and Milburn Avenue, in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-01-02-05 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Wade Shows, Inc , which are May 12, 2005 through May 22, 2005, inclusive, 2 That the proposed carnival operation shall be confined to the area as illustrated on the site plan submitted with this request; 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Plymouth Road right-of-way line, 4 That no fewer than eight (8) portable restroom facilities shall be provided on site during the carnival and this equipment shall be maintained daily; 5 That all trucks and other transportation-related vehicles and equipment shall be parked or stored within the southwesterly portion of the Wonderland Mall parking lot, but no closer than 200 feet from the adjacent residential properties to the south, 6 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m to 7 00 a m including motors on any refrigeration trucks, 7 That there shall be housing trailers or other temporary living quarters allowed to accommodate carnival employees on the Wonderland Mall site, including the Security Trailer (limited to security personnel only), such housing units to be placed on the site in accordance with the drawing submitted by Wade Shows, Inc on March 24, 2005 8 That the hours of operation of the carnival shall be as stated in a letter dated January 19, 2005, from Jeff Williams, Routing Director Regular Council Meeting of March 30, 2005 39059 of Wade Shows, Inc , which have been approved by the Police Department; 9 That unobstructed access to any hydrants within the carnival area shall be provided for the Fire Department, 10 That Fire Lanes shall not be 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, and 11 That barricades shall be put up on the south side of the carnival to prevent patrons/children from stepping or running into the roadway portion of the parking lot. A communication from the Office of the Treasurer, dated March 22, 2005, re the personal property tax and real property tax of Cloverlanes Bowl, Inc , 28900 Schoolcraft, was received and placed on file for the information of the Council A communication from Richard Glomb, Operations Manager, Cloverlanes Bowl, Inc , received in the Office of the City Clerk on March 29, 2005, re a detailed report of their new security service and some information about the bowling center, was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by Robinson, and unanimously adopted, it was CR 146-05 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 2, 2005, submitted pursuant to Section 9 32 170 of the Livonia Code of Ordinances, which section sets forth standards for objecting to the renewal and/or requesting the revocation of a Class C, A-Hotel, B-Hotel or Tavern Liquor License, with respect to Cloverlanes Bowl, Inc , Stockholder - Great Lakes Recreation Co , and the Council having conducted a public hearing with regard to this matter on March 23, 2005, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Meakin, seconded by Knapp, and unanimously adopted, it arm was Regular Council Meeting of March 30, 2005 39060 CR 147-05 RESOLVED, that the Council does hereby request quarterly update reports from the Administration regarding Cloverlanes' Bowl, Inc compliance with City ordinances, FURTHER, it requests the Administration to establish regular notification to any licensed business if ongoing ordinance violations are observed A Food Establishment Inspection Report from the Wayne County Health Department, dated March 16, 2005, re inspection of Crestwood Lounge, 27885 Plymouth Road, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 148-05 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 2, 2005, submitted pursuant to Section 9 32 170 of the Livonia Code of Ordinances, which section sets forth standards for objecting to the renewal and/or requesting the revocation of a Class C, A-Hotel, B-Hotel or Tavern Liquor License, with respect to BLE, Inc Stockholder- Mohammed Bushamie, (Crestwood Lounge), and the Council having conducted a public hearing with regard to this matter on March 23, 2005, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A communication from Eric Stempien, 37754 Southampton, Livonia, 48154, dated March 9, 2005, re his resignation from the Zoning Board of Appeals effective April 6, 2005, was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 149-05 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Terrance P Moran, 15615 Parklane, Livonia, Michigan 48154, is hereby appointed to the Zoning Board of Appeals effective April 6, 2005, to fill the unexpired term of Eric Stempien, ending July 12, 2005, FURTHER, Mr Moran is hereby reappointed for a three-year term that expires on July 12, 2008, with all the authority and duties as set forth in the said Zoning Regular Council Meeting of March 30, 2005 39061 Ordinance and Act 207, AND FURTHER PROVIDED that Mr Moran takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. Mr Moran spoke to the Council and thanked them for his appointment to the Zoning Board of Appeals On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 150-05 RESOLVED, that having considered a communication from the City Librarian, dated March 8, 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 $3,947 64, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $2,491 32 to Account No 702-000- 285-271, $11816 to Account No 702-000-285-272, and $1,338 16 to Account No 702-000-285-273 for the purposes as designated by the donors During the audience communication portion of the agenda at the end of the meeting, City Attorney Kavanagh sent Good Luck wishes to the men's and women's basketball teams from Michigan State University who will be participating in their respective Final Four tournaments this weekend On a motion by Meakin, seconded by Knapp, and unanimously adopted, this 1,533rd Regular Meeting of the Council of the City of Livonia was adjourned at 9 01 p m , March 30, 2005 Val Vandersloot, City Clerk