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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-05-11 39123 MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRTY-SIXTH REGULAR MEETING OF MAY 11, 2005 On May 11, 2005, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Robinson led the Council in the Pledge of Allegiance accompanied by two veterans, Dale Brubaker and Joseph Connelly Roll was called with the following result: Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann and Gerald Taylor Absent: None Elected and appointed officials present Mayor Jack Engebretson, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Michael Slater, Director of Finance and Karen Szymula, Director of Legislative Affairs On a motion by Knapp, seconded by Meakin, it was CR 207-05 RESOLVED, that the minutes of the 1 60t Regular Meeting of the Council held April 27, 2005 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, McCann, and Taylor NAYS None PRESENT Godfroid-Marecki During the audience communication portion of the agenda, Councilmember Godfroid-Marecki read a proclamation regarding National Food Day, May 14, 2005, which is being sponsored by the National Association of Letter Carriers (NALC) She presented this proclamation to Maria Henderson, who is a Livonia Letter Carrier, and Maria stated that last year 42,456 pounds of non-perishable food items Regular Meeting of May 11, 2005 39124 were collected in Livonia She encouraged everyone to participate in this year's Food Drive On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 208-05 RESOLVED, that based upon the recommendation of Councilmember Knapp, the Council does hereby determine to refer the subject matter of methods to improve future Hazardous Material Waste Collection Days in the City of Livonia to the Water, Sewer and Waste Committee for a report and recommendation On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 209-05 RESOLVED, that based upon the recommendation of Councilmember Knapp, the Council does hereby determine to refer the subject matter of methods to improve future Hazardous Material Waste Collection Days in the City of Livonia to the Administration for a report and recommendation Mayor Engebretson spoke to the Council about issues involved with the Hazardous Material Waste Collection Day held on May 7, 2005, and he stated that he would be meeting with officials from Environmental Quality to discuss the issues arising from this event. Councilmember Robinson wished a belated "Happy Birthday" to Councilmember McCann on the occasion of his 50th birthday A communication from the Department of Finance, dated April 20, 2005, re forwarding various financial statements of the City of Livonia for the month ending March 31, 2005, was received and placed on file for the information of the Council Communications from the Office of the Mayor, dated April 27, 2005 to which are attached 2 communications from Fernon P Feenstra, Chairman, Veteran's Memorial/Wall of Honor Committee, March 18, and May 2, 2005, respectively, re Wall of Honor Committee Report and acknowledgement of donations, was received and placed on file for the information of the Council (CRs 565-04, 251-03 and 171-03) Regular Meeting of May 11, 2005 39125 Mayor Engebretson gave a short summary of how the Veteran's Memorial/Wall of Honor Committee was initiated After September 11, 2001, then Councilmembers Engebretson and Gerald Taylor offered separate resolutions on ways to honor Livonia citizens who are veterans Mayor Engebretson asked Fernon Feenstra to form the Veteran's Memorial/Wall of Honor Committee and Mr Feenstra prepared the above-mentioned reports Fernon Feenstra, 16803 Srewsbury, Livonia, then introduced two members of this Committee present at the Council meeting, Dale Brubaker, Livonia VFW Post 3941 and Joe Connelly, Livonia D.A V Post 114 Other committee members are Ray O'Neill, Fortiers O'Grady VFW Post 147, Kevin Kelly, Wayne County Office of Senior & Veterans Affairs, Edward Jablonski, White Eagles P L.A.V Post 166 and Sam Farhat, Myron H Beals American Legion Post 32 Fernon announced that the Wall of Honor would be located at the interior south entrance of Livonia City Hall, and that it would be erected in time for this year's Memorial Day activities On a motion by McCann, seconded by Robinson, and unanimously adopted, it was CR 210-05 RESOLVED, that based upon the report from Fernon Feenstra, Chairman, Veteran's Memorial/Wall of Honor Committee, regarding the Wall of Honor for Livonia residents currently on active military duty, maintained by various veteran group posts and at no cost to the City, the Council does hereby approve the location to be in the south interior entrance of City Hall, as outlined in the March 18, 2005 report. On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 211-05 RESOLVED, that based upon the report from Fernon Feenstra, Chairman, Veteran's Memorial/Wall of Honor Committee, regarding the wood carving title and framed photograph board for the Wall of Honor, the Council does hereby approve and accept donations from various veterans' organizations and individuals as outlined in the May 2, 2005 report. Council President Taylor announced that Public Hearings for the following items would be held on Monday, June 6, 2005 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI 1. Proposed Special Assessment Street Lighting Project - River Pines Site Condominiums, South side of Seven Mile Road between Gill and Wayne Roads, N W 1/4 of Section 9 Establishment of Necessity Regular Meeting of May 11, 2005 39126 2 Proposed Special Assessment Street Lighting Project - Merriman Forest Subdivision, East side of Merriman Road between Seven Mile Road and Mayville, N W 1/4 of Section 11 Establishment of Necessity. 3 Proposed Special Assessment Street Lighting Project— Scone Court Lot Split Development, North side of Schoolcraft Road, West of Newburgh Road, S E 1/4 of Section 19 Establishment of Necessity 4. Proposed Special Assessment Street Lighting Project — Gruda Site Condominiums, West of Henry Ruff Road between Six Mile Road and Puritan Avenue, N W 1/4 of Section 14 Establishment of Necessity At the direction of the Chair, Item No 42 was removed from this Council Meeting Agenda On a motion by Kokenakes, seconded by Knapp, it was A report from Bob Brown, Interim Executive Director, The Senior Alliance, re the relationship between the City of Livonia and The Senior Alliance, Area Agency on Aging 1C, was received and placed on file for the information of the Council CR 212-05 RESOLVED, that having considered an application from Kathleen A. Fitzgerald, 9917 Cranston, dated April 14, 2005, requesting permission to close Cranston between Elmira and Orangelawn on Monday, May 30, 2005, from 2 00 p m to 8 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 213-05 RESOLVED, that having considered an application from Rhonda Van Horn, 19832 Norwich, dated April 17, 2005, requesting permission to close Norwich between Fairfax and Bretton on Saturday, June 18, 2005, from 4 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 214-05 RESOLVED, that having considered a letter from Henry J Guthard, Bottle Drive Chairman for Cub Scout Pack 750, dated April 14, 2005, which requests permission to display twelve (12) signs announcing their Annual Bottle Drive to be held on Saturday, June 4, 2005, which signs are to be 24" x 20" in size and which will be displayed from Saturday, May 28, 2005, through Saturday, June 4, 2005, at various locations in the City, the Council does hereby grant and approve this Regular Meeting of May 11, 2005 39127 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 iir CR 215-05 RESOLVED, that having considered a communication from the Fire Chief, dated April 12, 2005, which bears the signatures of the Director of Finance and the Director of Public Safety, and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $10,000 00 from Bright House Networks (prize received from a nationwide drawing), the same to be appropriated and credited to Account No 702-285-336 (Community Donations) for the purposes as designated by the donor CR 216-05 RESOLVED, that having considered a communication from the City Assessor, dated April 14, 2005, approved for submission by the Mayor, with regard to a request from Leo Soave, 20592 Chestnut Circle, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-093-99-0020-002 into three parcels, the legal descriptions of which shall read as follows PARCEL A Part of the NE 1/ of Sec 24, T 1 S , R. 9 E , City of Livonia, described as beginning at a point distant S 89° 49'00" W 688 0 feet, thence S 00°19' 30" E 1567 23 feet from the NE corner of Sec 24, thence S 00°19'30" E 82 41 feet; thence S 89°49'00" W 228 17 feet, thence N 00°18'47" W 82 41 feet, thence N 89°49'00" E 228 16 feet to the point of beginning Subject to easements of record Containing 0 432 acres PARCEL B Part of the NE 1/4 of Sec 24 T 1S , R.9 E City of Livonia, described as beginning at a point distant S 89° 49'00" W 688 0 feet; thence S 00°19' 30" E 1567 23 feet; thence S 89°49'00" W 228 16 feet from the NE corner of Sec 24, thence S 00°18'47" E 82 41 feet; thence S 89°49'00" W 130 00 feet along in part the north line of Cavell Woods Condominium, as recorded in Liber 40272, P 31 Wayne County Records, thence N 00°18'47" W 34 38 feet along a line of said Cavell Woods Condominium, thence S 89°49'00" W 25 00 feet along the North line of said Cavell Woods Condominium, thence N 00°18'47" W 48 04 feet; thence N 89°49'00" E 155 00 feet to the point of beginning Subject to easements of record Containing 0 274 acres Regular Meeting of May 11, 2005 39128 PARCELC Part of the NE 1/4 of Sec 24 T 1 S , R 9 E City of Livonia, described as beginning at a point distant S 89°49'00" W 688 0 feet, thence S 41•• E 1567 23 feet; thence S 89°49'00" W 383 16 feet from the NE corner of Sec. 24, thence S 00°18'47" E 48 04 feet; thence S 89°49'00" W 25 00 feet along the North line of Cavell Woods Condominium, as recorded in Liber 40272, P 31 Wayne County Records, thence S 00°18'47" E 22 15 feet along a line of said Cavell Woods Condominium, thence S 89°49'00" W 120 00 feet along the North line of said Cavell Woods Condominium to the East line of Western Golf Estates as recorded in Liber 105, Page 9 Wayne County Records, thence N 00°18'47" W 70 19 feet along said East line of Western Golf Estates, thence N 89°49'00" E 145 00 feet to the point of beginning Subject to easements of record Containing 0.221 acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot area requirements set forth in Zoning Ordinance No 543, as amended, with respect to this property division, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds CR 217-05 WHEREAS, the Commission of the Municipal Building Authority of Livonia (the "Authority") has undertaken proceedings to refund all or a portion of the Authority's 1998 Building Authority Bonds, dated May 1, 1998, the Authority's 2000 Building Authority Bonds, dated October 1, 2000, and the Authority's 2001 Building Authority Bonds, dated April 1, 2001 , and WHEREAS, such refunding will result in lower costs to the City of Livonia (the "City") for the use of facilities leased to the City; and WHEREAS, a refunding contract between the City and the Authority (the "Refunding Contract") has been prepared respecting said refunding, and WHEREAS, it is necessary that the City undertake and make certain covenants and representations respecting the Authority's proposed refunding bonds NOW, THEREFORE, BE IT RESOLVED THAT 1 The City shall, to the extent permitted by law, take all actions within its control necessary to maintain the exclusion of the interest on the Regular Meeting of May 11, 2005 39129 Authority's refunding bonds from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended, (the "Code") including, but not limited to, actions relating to any required rebate of arbitrage earnings and the expenditure and investment of bond proceeds and moneys deemed to be bond proceeds, and to prevent the Authority's refunding bonds from being or becoming "private activity bonds" as that term is used in Section 141 of the Code 2 The City hereby authorizes the Authority to prepare and circulate a preliminary and final official statement in connection with the refunding bonds and, if applicable, further authorizes the Mayor, Clerk, Finance Director, or Treasurer to execute such official statements on behalf of the City 3 The Mayor, Clerk, Finance Director, and Treasurer of the City are hereby authorized to execute any certificates on behalf of the City necessary for the issuance of such refunding bonds 4 The City hereby covenants to comply with Securities and Exchange Commission Rule 15c2-12 (the "Rule") and shall enter into an undertaking for the benefit of the holders and beneficial owners of the Authority's refunding bonds (the "Undertaking") In connection therewith, the City hereby appoints the Mayor as its "Disclosure Representative" in accordance with the Rule The Mayor is hereby authorized to execute and deliver the Undertaking after completion and modification upon the advice and recommendations of bond counsel 5 The Refunding Contract shall be dated such date as may be appropriate and the same in substantially the form attached hereto as Exhibit A, is hereby approved The Mayor and Clerk be and are hereby directed to execute and deliver said contract on behalf of the City 6 All resolutions and parts of resolutions insofar as the same conflict with the provisions of this Resolution be and the same hereby are rescinded CR 218-05 RESOLVED, that having considered a communication from the Mayor, dated April 13, 2005, wherein it is recommended that the City renew its membership in the Traffic Improvement Association (TIA) for 2005, which assists City staff with traffic consulting, management and planning, the Council does hereby approve this request to renew the City's membership in the Traffic Improvement Association (TIA), 2187 Orchard Lake Road, Suite 140, Sylvan Lake, Michigan 48320-1778 for the calendar year 2005 (originally approved in Council Resolution 678-03, adopted on December 17, 2003), and further appropriates and authorizes Regular Meeting of May 11, 2005 39130 an expenditure in the amount of $33,400 00 from funds already budgeted for this purpose in Account No 202-475-813-000 (Major Street Fund - Professional Services) CR 219-05 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 27, 2004, and the report and recommendation of the Chief of Police, dated April 20, 2005, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Delaware California Pizza Kitchen, Inc. (a Delaware Corporation) for transfer of ownership through merger of a 2004 Class C License from California Pizza Kitchen, Inc (a California Corporation) for a business located at 37546 W Six Mile Road (Laurel Park Place Shopping Center), Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 220-05 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 15, 2005, which bears the signatures of the Director of Finance and the Director of Public Safety, and is approved for submission by the Mayor, the Council does hereby accept the bid of Datanet Systems, Inc , 12115 Merriman Road, Livonia, Michigan 48150, for a closed circuit television system at the Police Department, in the total amount of $73,737 00 from funds already budgeted in Account No 223-648-987-000 (1) (2004 Homeland Security - State Homeland Security Program (SHSP) and Homeland Security Law Enforcement Terrorism Prevention Program (LETPP) for this purpose, the same having been in fact the lowest bid received with the 3% local bidders preference applied per Section 3 04 140E1 of the Livonia Code of Ordinances, and meets all specifications, 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 A communication from the Board of Ethics, dated April 18, 2005 re Seventh Annual Report which provides a summary of activities which occurred during the previous year and the Board's plans for the current year, was received and placed on file for the information of the Council CR 221-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated April 12, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept Regular Meeting of May 11, 2005 39131 the proposal submitted by SCI, Inc , 21440 Melrose, Southfield, Michigan 48075, for additional carpet replacement in 26 apartments at Silver Village at the unit prices bid in 2004 (previously approved in Council Resolution 140-04 on April 5, 2004), FURTHER, the Council does hereby authorize the expenditure in an amount not to exceed $20,000 00 from funds already budgeted for this purpose in Account No 296-831-987-000; FURTHER, the Council does hereby authorize the action herein 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 Director of the Housing Commission is 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 222-05 RESOLVED, that having considered a communication from the Director of Community Resources, dated April 11, 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 two (2) grants in the amount of $1,500 00 each from the Livonia Community Foundation for the Civic Park Senior Center's Healthy Aging in Place Program and for transportation to medical appointments for seniors and handicapped individuals, FURTHER, the Council does hereby appropriate and credit the amount of $1,500 00 to Account No 225-000- 698-000 and $1,500 00 to Account No 702-285-218 for the purposes as designated by the grantor CR 223-05 RESOLVED, that having considered a communication from the Director of Community Resources, dated April 12, 2005, which bears the signature of the Finance Director, is approved by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed Amendment to the Specialized Services Vehicle Agreement between SMART and the City of Livonia to provide the City (without charge) one (1) new 2005 21' Ford Aerotech E-350 vehicle (VIN No 1FDWE35P15HS56021), purchased with Michigan Department of Transportation 5310 Grant funds, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the Amendment to said Agreement in the manner and form herein submitted, provided that the Amendment is approved as to form by the Department of Law CR 224-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 18, 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 Old Dominion Brush Co Inc , 5118 Regular Meeting of May 11, 2005 39132 Glen Alden Drive, Richmond, Virginia 23231, for supplying the Public Service Division (Road Maintenance Section) with one (1) Trailer-Mounted Leaf Collector for a total price of $15,747 00, the same having been in fact the lowest bid received and meets specifications, such funds to be expended from funds already budgeted in Account No 205-527-987-000 (Municipal Refuse Fund) for this purpose CR 225-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 18, 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 Old Dominion Brush Co Inc , 5118 Glen Alden Drive, Richmond, Virginia 23231, for supplying the Public Service Division (Road Maintenance Section) with one (1) Trailer-Mounted Self-Contained Leaf Collector for a total price of $26,983 00, the same having been in fact the lowest bid received and meets specifications, such funds to be expended from funds already budgeted in Account No 205- 527-987-000 (Municipal Refuse Fund) for this purpose CR 226-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 19, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the lease of five (5) acres of the City-owned property located at 32000 Glendale Avenue as requested by Asplundh Tree Expert Company, 2255 Northway Drive, Mt. Pleasant, Michigan 48858, to grind specific biomass for disposal and transfer woodchip material to an out-source location for a six (6) month period, with an automatic six-month extension if the City desires, subject to the following conditions 1 Provide a Certificate of Insurance on all contractor operations 2 Seek and receive a written statement from the City of Livonia that the activity is permitted under the terms of the State of Michigan agricultural preserve agreement and enforce the City of Livonia's strict policy of no hunting and no trespassing, noting all violations and advising violators to quit the premises forthwith 3 Hold harmless the City and its agents for wrongdoing occurring on the site that are the direct result of the contractor's occupancy 4 Provide all grinding equipment, support equipment and personnel necessary and grind in a timely manner all waste wood delivered to the premises Regular Meeting of May 11, 2005 39133 5 Retain total dispensation of all tree material entering the premises 6 Secure the site as directed by the Department of Public Works 7 Remove any tracked out material on Glendale Road as requested by Department of Public Works personnel 8 Keep the premises dust free in accordance with the permit issued by the Wayne County Health Department Air Pollution Control Division 9 Abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of watercourses 10 Abide by all local ordinances 11 Payment of $2,000 00 per month to the City beginning with the commencement date of activities for approximately six (6) months 12 Upon completion of activities, restore all disturbed ground by leveling and seeding to the City of Livonia's satisfaction and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company, subject to the approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution CR 227-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 7, 2005, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Hayball Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150, for performing all work in connection with the 2005 Asphalt Road Program (Contract 05-A) on various streets throughout the City of Livonia pursuant to the Pavement Management Study, for the estimated total cost of $1,068,068 05, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $1,068,068 05 from funds already budgeted in the Road, Sidewalk and Tree Fund as follows Reconstruction Account No 204-463-818-110 $545,974 25 Rehabilitation Account No 204-463-818-112 442,945 00 Regular Meeting of May 11, 2005 39134 Maintenance Account No 204-463-818-114 79,148 80 for this purpose, and the City Engineer is hereby authorized to approve any minor adjustments in the work as completed, 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 bidder and to do all other things necessary or incidental to the full performance of this resolution CR 228-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 20, 2005, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of DiLisio Contracting, Inc., 23525 Lakepointe Drive, Clinton Township, Michigan 48036, for performing all work in connection with the 2005 Concrete Road Program (Contract 05-C) on various streets throughout the City of Livonia pursuant to the Pavement Management Study, for the estimated total cost of $3,564,929 55, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $3,604,929 55 from funds already budgeted in the Road, Sidewalk and Tree Fund as follows Reconstruction Account No 204-463-818-110 $2,031,009 84 Rehabilitation Account No 204-463-818-112 971,725 51 Maintenance Account No 204-463-818-114 602,194 20 for this purpose, including the contingency of $40,000 00 if necessary to remove additional scattered slabs to improve the project; and the City Engineer is hereby authorized to approve any minor adjustments in the work as completed, 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 bidder and to do all other things necessary or incidental to the full performance of this resolution CR 229-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 20, 2005, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby approve a Change Order to the 2005 Sidewalk Repair Program Contract between the City of Livonia and Gaglio P & R Cement Company, 13320 Mortenview, Taylor, Michigan 48180, for additional work to be completed to install a concrete walk and slab at the Police gun range in the amount of $18,500 00, FURTHER, the Council does hereby Regular Meeting of May 11, 2005 39135 authorize an expenditure in the amount of $18,500 00 from funds already budgeted in Account No 265-334-975-000 (Federal Forfeiture Funds Account) 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 Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 230-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 11, 2005, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize an additional payment in the amount of $19,900 00 to be made to Zuniga Cement Construction, Inc , 1779 Oakgrove Avenue, Hazel Park, Michigan 48030, for additional work performed in connection with repair of pavements and sidewalks due to water main breaks in connection with the 2005 Sidewalk and Pavement Replacement Program - Water Main Breaks (Contract 05-F), previously approved in Council Resolution 154-05, adopted on April 13, 2005, for the estimated total cost of $19,900 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 $19,900 00 from Water and Sewer Construction in Progress Account No 592-158-000 for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary CR 231-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 18, 2005, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, to which is attached a proposed amendment to the Engineering Services Contract between the City of Livonia and Hubbell, Roth and Clark, 2001 Centerpoint Parkway, Suite 109, Pontiac, Michigan 48341, for Design and Construction Services in connection with the 2004 Concrete Pavement Rehabilitation and Reconstruction Program (previously approved in Council Resolution 569-03 adopted on November 5, 2003), the Council does hereby approve an Amendment to this contract for additional work in the amount of $17,625 00, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $17,625 00 from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, b.! for for and on behalf of the City of Livonia, to execute the Amendment to the Regular Meeting of May 11, 2005 39136 contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 232-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 18, 2005, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, to which is attached a proposed amendment to the Engineering Services Contract between the City of Livonia and Orchard, Hiltz & McCliment, 34000 Plymouth Road, Livonia, Michigan 48150, for Design and Construction Services in connection with the 2005 Concrete Pavement Rehabilitation and Reconstruction Program (previously approved in Council Resolution 464-04 adopted on September 29, 2004), the Council does hereby approve an Amendment to this contract for additional work in the amount of $64,000 00, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $64,000 00 from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Amendment to the contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 233-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 18, 2005, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, to which is attached a proposed Amendment to the Engineering Services Contract between the City of Livonia and Spalding DeDecker Associates, Inc , 905 South Boulevard East, Rochester Hills, Michigan 48307, for Design and Construction Services in connection with the 2005 Asphalt Pavement Rehabilitation and Reconstruction Program, (previously approved in Council Resolution 465-04 adopted on September 29, 2004), the Council does hereby approve an Amendment to this contract for additional work in the amount of $18,990 00, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $18,990 00 from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Amendment to the contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting of May 11, 2005 39137 CR 234-05 RESOLVED, that having considered a communication from the City Planning Commission, dated April 11, 2005, which transmits its resolution 04-39-2005, adopted on April 5, 2005, with regard to Petition 2005-03-02-08, submitted by AT Systems, Inc., requesting waiver use approval to repair armored vehicles on property located at 12964 Farmington Road, on the east side of Farmington Road, between Industrial Avenue and Glendale Avenue in the Northwest 1/4 of Section 27, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-03-02-08 is hereby approved and granted, subject to the following conditions 1 That this waiver use request is approved to allow the use of not more than four (4) work stations/service bays within the portion of the building indicated on the floor plan submitted with this request; 2 That repairs conducted at this facility shall not include collision work such as frame straightening, bumping and painting, 3 That not more than four (4) vehicles shall be parked outside overnight on the site in connection with this use, except that this provision for outside parking shall not include dismantled, damaged or inoperable vehicles, ( imp 4 That the following issues as outlined in the correspondence dated March 14, 2005 from the Inspection Department shall be rectified to that department's satisfaction • That portions of the asphalt parking and drive aisles shall be repaired to remove large holes in the pavement; • That adequate ventilation shall be provided to remove all deleterious fumes and odors from this tenant space, • That all noise associated with the proposed vehicle repair shall be kept to a minimum so as not to disturb adjacent tenants, • That all necessary permits and inspections shall be secured prior to occupancy 5 That there shall be no outdoor storage of auto parts, equipment, scrap material, debris, waste petroleum products or other similar items generated by the subject use, 6 That the elimination of the requirement that the lot area be enclosed by a fence shall be contingent upon the waiving of this Regular Meeting of May 11, 2005 39138 requirement by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; and 7 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time that Building, Occupancy and Zoning Compliance Permits are applied for CR 235-05 RESOLVED, that having considered a communication from the City Planning Commission, dated April 11, 2005, which transmits its resolution 04-39-2005, adopted on April 5, 2005, with regard to Petition 2005-03-02-08, submitted by AT Systems, Inc , requesting waiver use approval to repair armored vehicles on property located at 12964 Farmington Road, on the east side of Farmington Road, between Industrial Avenue and Glendale Avenue in the Northwest 1/4 of Section 27, which property is zoned M-1, the Council does hereby waive the requirement that the lot area be enclosed by a fence set forth in Section 16 11(a)(1) of Zoning Ordinance No 543, as amended CR 236-05 RESOLVED, that having considered a communication from the City Planning Commission, dated April 20, 2005, which transmits its resolution 04-47-2005, adopted on April 19, 2005, with regard to Petition 2005-04-08-07, submitted by Kenneth Sheets, on behalf of House of Lights, requesting site plan approval in connection with a proposal to construct an addition and renovate the exterior of the commercial building on property located at 15870 Middlebelt Road, on the east side of Middlebelt Road between Broadmoor Avenue and Sunnydale Avenue in the Southwest 1/4 of Section 13, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-04-08-07 is hereby approved and granted, subject to the following conditions 1 That the Site Plan as received by the Planning Commission on April 12, 2005, is hereby approved and shall be adhered to, 2 That no landscaping is approved at this time, and that a Landscape Plan shall be submitted within sixty (60) days of this approval for the review and approval of the Planning Commission and City Council 3 That the Exterior Building Elevation Plans as received by the Planning Commission on April 12, 2005, are hereby approved and shall be adhered to, provided that the material used on the exterior of the lower portion of the front of the building, including the base of the columns, be masonry; Regular Meeting of May 11, 2005 39139 4 That any brick used in the construction shall be full-face four (4) inch brick, 5 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 6 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 7 That all parking lot light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 8 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council, 9 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 10 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated April 14, 2005, 11 That all wood siding and thin brick located on the south and north elevations of the building shall be removed, and the remaining block walls on the north, south and east elevations shall be patched and repainted white or a color compatible to the new addition, and 12 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 resolutions with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS None Regular Meeting of May 11, 2005 39140 A communication from the Department of Finance, dated May 2, 2005 re imp additional information from ambulance billing provider wherein they propose to provide their services for 7 9% of charges collected, was received and placed on file for the information of the Council A communication from AccuMed Billing, Inc., P 0 Box 2122, Riverview, MI 48192, dated May 4, 2005, re their response to the City's Request for Proposal for ambulance transport billing services, 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 237-05 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated April 26, 2005, submitted pursuant to Council Resolution 123-05, in connection with proposals received for ambulance billing services and interviewing potential providers, the Council does hereby approve the proposal submitted by Medical Management Systems of Michigan, Inc. (MMS), 1701 Lake Lansing Road, Suite 100, Lansing, Michigan 48912, to perform ambulance billing services for a five year period at the rate of 7 9% of ambulance billings collected per year, such costs to be expended from funds already budgeted in Account No 101-336-818-336 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 and 4 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company, subject to the approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was CR 238-05 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated April 26, 2005, submitted pursuant to Council Resolution 123-05, in Regular Meeting of May 11, 2005 39141 connection with proposals received for ambulance billing services and interviewing potential providers, the Council does hereby refer the subject of timeliness of submitting incident reports for billing and efforts to reduce or eliminate incident reports with missing or incomplete data to the Administration for its report and recommendation The Proposed and Original 8 5"x11" drawings from A.F Jonna Development, on behalf of Fountain Park, received at the Committee of the Whole meeting of May 2, 2005, re development located on the northeast corner of Plymouth Road and Farmington Road, was received and placed on file for the information of the Council (Petition 1999-02-08-08) A revised Site Plan from A.F Jonna Development, on behalf of Fountain Park, dated May 4, 2005, re development located on the northeast corner of Plymouth Road and Farmington Road, was received and placed on file for the information of the Council (Petition 1999-02-08-08) On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 239-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 2, 2005, submitted pursuant to Council Resolution 165-05, in connection with a communication from the City Planning Commission, dated March 22, 2005, which transmits its resolution 03-34-2005, adopted on March 15, 2005, with regard to a request submitted by A. F Jonna Development, on behalf of Fountain Park, to modify the plans previously approved by the City Council on August 13, 2001, pursuant to Council Resolution 523-01 in connection with Petition 1999-02-08-08, for the development located on the northeast corner of Plymouth Road and Farmington Road in the Southwest 1/4 of Section 27, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and the revised plans in connection with Petition 1999-02-08-08, are hereby approved and granted, subject to the following conditions Regular Meeting of May 11, 2005 39142 1 That the Site Plan marked Sheet SP dated May 4, 2005, as revised, prepared by Aserra & Associates, is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 3 That the Landscape Plan dated November 30, 2004, and as revised and received by the Planning Commission on May 5, 2005, prepared by Calvin Hall & Associates, is hereby approved and shall be adhered to, 4 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 5 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 6 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 7 That the Exterior Building Elevation Plan marked Sheet A-2a and A-3b dated April 30, 2005, as revised, prepared by Aserra & Associates, are hereby approved and shall be adhered to, 8 That the brick used in the construction shall be full face 4 inch brick, 9 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 10 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, furthermore, service of this dumpster shall be done during normal business hours, 11 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, Regular Meeting of May 11, 2005 39143 12 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 13 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated December 17, 2004 • That if the subject building is provided with an automatic sprinkler system, hydrants shall be located between 50 feet and 100 feet from the Fire Department connections, • That access around the building shall be provided for emergency vehicles with turning radius up to 55 feet wall to wall and a minimum vertical clearance of 13 feet 6 inches, • That hydrant spacing in the commercial/retail groupings shall be consistent with City of Livonia ordinances, • That fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and have a minimum of 13 feet 6 inches of vertical clearance, • That 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, • That the east and west access drives shall be marked as fire lanes, 14 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated December 28, 2004 • That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code and Livonia City Ordinance, • That stop signs be installed at the east and west exits of the parking lot for vehicles exiting to the access drive, 15 That only conforming wall 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, Regular Meeting of May 11, 2005 39144 16 That a Master Sign Plan establishing ground signage for the entire Fountain Park development shall be separately submitted for review and approval by the Planning Commission and City Council, included in the application shall be the location and graphics of each Business Center Sign, all identification signs and any directional signage, 17 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 18 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 19 That all other conditions imposed by Council Resolution #523-01, which granted approval for the commercial portion of Fountain Park, shall remain in effect to the extent that they are not in conflict with the foregoing conditions A communication from the Department of Law, dated May 4, 2005, re proposed amendment to the Zoning Ordinance re a rezoning of property at 34449 Pinetree by Ann and Charles Deamud, was received and placed on file for the information of the Council (Petition 2003-10-01-19) Council Vice-President Meakin gave first reading to 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, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2003-10-01-19) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Regular Meeting of May 11, 2005 39145 Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 35 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2004-01-01-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp stepped down from the podium at 8 39 p m due to a potential conflict of interest. Councilmember McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2004-12-01-17) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Robinson, Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp returned to the podium at 8 40 p m Regular Meeting of May 11, 2005 39146 Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 24 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2004-12-01-18) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Godfroid-Marecki, seconded by Knapp, it was. CR 240-05 WHEREAS, the City Council intends to authorize the issuance and sale of Water Supply and Sewage Disposal System Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in the principal amount of not to exceed Five Million Dollars ($5,000,000), for the purpose of paying all or part of the cost of acquiring, constructing and installing necessary additions, extensions and improvements to the City's Water Supply and Sewage Disposal System together with all necessary appurtenances and attachments thereto (the "Project"), and WHEREAS, a Notice of Intent to Issue Bonds must be published at least forty-five (45) days before issuance of the same in order to comply with the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended, and NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Clerk is hereby authorized and directed to publish a Notice of Intent to Issue Bonds in the Livonia Observer, a newspaper of general circulation in the City, as a display advertisement at least one-quarter (1/4) page in size Regular Meeting of May 11, 2005 39147 2 The Notice of Intent so published shall be in substantially the following form NOTICE TO ELECTORS OF THE CITY OF LIVONIA AND USERS OF THE CITY'S WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM OF INTENT TO ISSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF SAID WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM AND OF RIGHT OF REFERENDUM RELATING THERETO PLEASE TAKE NOTICE that the City Council of the City of Livonia intends to authorize the issuance and sale of Water Supply and Sewage Disposal System Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in the principal amount of not to exceed Five Million Dollars ($5,000,000), for the purpose of paying all or part of the cost of acquiring, constructing and installing necessary additions, extensions and improvements to the City's Water Supply and Sewage Disposal System together with necessary appurtenances and attachments thereto Said bonds will mature in annual installments not to exceed thirty (30) in number, with interest rates to be determined at a public or negotiated sale but in no event to exceed six percent (6%) or such higher rate of interest as may be authorized by law on the unpaid balance from time to time remaining outstanding on said bonds SOURCE OF PAYMENT OF BONDS THE PRINCIPAL OF AND INTEREST ON SAID REVENUE BONDS shall be payable solely and only from the net revenues derived from the operation of the City's Water Supply and Sewage Disposal System Said revenues consist of rates and charges for services supplied by the said System which may from time to time be increased in order to provide sufficient revenues to meet expenses of operating and maintaining said System and paying debt service on any revenue bonds payable from the revenues of said System, including certain outstanding revenue bonds Schedules of rates presently in effect for the System are on file in the office of the City Clerk. RIGHT OF REFERENDUM THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE If such a petition is filed, the bonds cannot be issued unless approved by a majority vote of the electors of the City voting on the question of their issuance Regular Meeting of May 11, 2005 39148 THIS NOTICE is given pursuant to the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended ADDITIONAL INFORMATION will be furnished at the offices of the City Clerk. Val Vandersloot City Clerk 3 The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is adequate notice to the electors of the City and users of the City's Water Supply and Sewage Disposal System and is the method best calculated to inform them of the intention of the City to issue the bonds, the purpose of the bonds, the security for the bonds and the rights of referendum of the electors with respect thereto, and that the provision of forty-five (45) days within which to file a referendum petition is adequate to insure that the City's electors may exercise their legal rights of referendum 4 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Meakin, Godfroid-Marecki, McCann and Taylor NAYS Kokenakes The President declared the resolution duly adopted A communication from the Department of Finance, dated April 27, 2005, re delinquent accounts receivable balance for false alarms for Friske's Curiosity Shop, located at 35275 Plymouth Road, re a waiver use petition for a consignment shop located at the same address, was received and placed on file for the information of the Council (Petition 2005-02-02-06) On a motion by Kokenakes, seconded by Knapp, it was CR 241-05 RESOLVED, that having considered a communication from the City Planning Commission, dated April 7, 2005, which transmits its imp resolution 04-37-2005, adopted on April 5, 2005, with regard to Petition Regular Meeting of May 11, 2005 39149 2005-02-02-06, submitted by Friske's Curiosity Shop, requesting waiver use approval to operate a second hand store (consignment shop) on property located at 35275 Plymouth Road, on the south side of Plymouth Road between Wayne Road and Yale Avenue in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-02- 02-06 is hereby approved and granted, subject to the following conditions 1 That the areas utilized for the sales and display of merchandise shall be in accordance with the floor plan submitted with this request; 2 That there shall be no outdoor sales, storage or display of merchandise, 3 That used clothing, jewelry and electronic goods sales are restricted and are not a part of this approval, 4 That the following issues as outlined in the correspondence dated March 2, 2005, from the Inspection Department shall be resolved to that department's satisfaction • That the parking lot shall receive needed repair and resealing and the parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular parking spaces shall be 10' x 20' in size as required, • That needed repair and trim shall be provided for the soffit on the west side of the building, • That the protective block screen wall along the south property line shall receive needed maintenance and shall be painted a complementary color to match the building, 5 That a dumpster enclosure shall be provided in the rear parking area which shall be constructed of brick or reinforced poured concrete walls with simulated brick pattern and with metal enclosure gates which shall be properly maintained and, when not in use, closed at all times, 6 That a fully detailed landscape plan, providing additional landscaped areas adjacent to the front of the building and also adjacent to the Plymouth Road right-of-way line, shall be submitted for approval by the Planning Commission and City Council within 60 days following approval of this petition by the City Council, Regular Meeting of May 11, 2005 39150 7 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, 8 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, and 9 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the occupancy and zoning compliance permits are applied for A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki and McCann NAYS Taylor On a motion by McCann, seconded by Kokenakes, and unanimously adopted, it was CR 242-05 RESOLVED, that having considered the communication from the City Planning Commission, dated April 11 , 2005, which sets forth its resolution 04-42-2005, adopted on April 5, 2005, with regard to a request from S & N Development Company, for a second extension of the approval of Petition 2003-02-08-05 in connection with the approval of all plans for a proposal to construct an office building on property located at 37640 Seven Mile Road, on the north side of Seven Mile Road, between Newburgh Road and Victor Parkway in the Southeast 1/4 of Section 6, previously granted in Council Resolution 183-03, adopted on April 23, 2003, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by McCann, seconded by Kokenakes, and unanimously adopted, it was CR 243-05 RESOLVED, that having considered a communication from the Department of Law, dated April 15, 2005, approved for submission by the Mayor, and which transmits a letter from Nick Moutafis, President of Moutafis, Inc , requesting an extension of the Concession Agreement for Whispering Willows Golf Course (Nicky's Bar and Grill), the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Regular Meeting of May 11, 2005 39151 A revised Application for a Facilities Exemption Certificate, dated May 4, 2005, re Valassis Manufacturing Company, 38905 W Six Mile Road, Livonia, to cover rehabilitation of a facility located at 38905 West Six Mile Road, Livonia, MI 48152, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin and unanimously adopted, it was. CR 244-05 WHEREAS, the City Clerk has received a revised Application for Industrial Facilities Exemption Certificate from Valassis Manufacturing Company, received in the Office of the City Clerk on May 4, 2005, covering new industrial facilities to be located within City of Livonia Industrial Development District No 98 and Plant Rehabilitation District No 98-P, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Valassis Manufacturing Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Monday, April 25, 2005, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Valassis Manufacturing Company, finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A 1974, as amended Regular Meeting of May 11, 2005 39152 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Valassis Manufacturing Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No 98 and Plant Rehabilitation District No 98-P for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facilities exemption certificates On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 245-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 22, 2005, approved for submission by the Mayor, in connection with the Amended Assessment Roll for the proposed street lighting project in the Sunset Subdivision, located south of Eight Mile Road between Merriman Road and Milburn Avenue in the Northwest 1/4 of Section 2, and a public hearing thereafter having been held by the City Council on April 25, 2005, the Council does hereby determine to hold this matter in abeyance until the approval process has concluded for the proposed Sunset View Site Condominiums and to subsequently schedule another public hearing on the amended assessment roll for street lights On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 246-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 23, 2005, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 25, 2005, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, Regular Meeting of May 11, 2005 39153 (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights with Colonial Luminaries with underground wiring in the Clarita Commons Site Condominiums, located on the south side of Clarita Avenue between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of Section 11, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated March 23, 2005, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows fi Lots 1 to 16, both inclusive, of the Clarita Avenue Site Condominiums, as recorded in the Wayne County Condo Plan #587, Liber 32916, Pages 642-694, Wayne County Records, said development being part of the N E '/ of Section 11, T1 S , R 9 E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated March 23, 2005, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was CR 247-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 23, 2005, on all matters required by Regular Meeting of May 11, 2005 39154 Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 25, 2005, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights with Colonial Luminaries with underground wiring in the Camborne Stark School Subdivision, located on the southwest corner of Stark Road and Pinetree Avenue in the Northwest 1/4 of Section 33, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated March 23, 2005, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 5, 6, and 9 to 17, all inclusive, of the Camborne Stark School Subdivision, as recorded in Liber 113, Pages 33 and 34, Wayne County Records, said subdivision being part of the N W 1/4 of Section 33, T 1 S , R 9E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated March 23, 2005, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances Regular Meeting of May 11, 2005 39155 A communication from the Department of Law, dated April 28, 2005, re additional information relative to a proposed Special Assessment for Street Lighting Project in Castle Woods Subdivision, was received and placed on file for the information of the Council A petition from residents in Castle Woods Subdivision, dated April 25, 2005, re their opposition to the necessity for a proposed Special Assessment Street Lighting Project, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Godfroid-Marecki, it was CR 248-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 23, 2005, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed street light improvement project in Castle Woods Subdivision, located on the south side of Lyndon Avenue between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 19, and a first public hearing having been held thereon on April 25, 2005, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after careful consideration having been given to all such matters, including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the said proposed improvement. A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS McCann On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 249-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 23, 2005, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 25, Regular Meeting of May 11, 2005 39156 2005, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights with Colonial Luminaries with underground wiring in the Glenn's Farm Subdivision, located on the north side of Six Mile Road between Merriman Road and Stamwich Boulevard in the Southeast 1/4 of Section 11, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated March 23, 2005, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 11, both inclusive, of the Glenn's Farm Subdivision, as recorded in Liber 111, Pages 66 and 67, Wayne County Records, said subdivision being part of the S E Y4 of Section 11, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated March 23, 2005, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Knapp, seconded by Meakin, and unanimously adopted, Regular Meeting of May 11, 2005 39157 it was CR 250-05 RESOLVED, that having considered a communication from the Mayor, dated April 27, 2005, wherein he has requested approval of the reappointment of Greg Meyer to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2009, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. Greg Meyer, 11801 Farmington Road, Livonia, 48150, was present at the meeting and thanked the Councilmembers for approving his reappointment to the Plymouth Road Development Authority On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was CR 251-05 RESOLVED, that having considered a communication from the Mayor, dated April 27, 2005, wherein he has requested approval of the reappointment of Toni Mette to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2009, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. On a motion by Meakin, seconded by McCann, and unanimously adopted, it was CR 252-05 RESOLVED, that having considered a communication from the Department of Law, dated May 2, 2005, approved for submission by the Mayor, transmitting for Council acceptance a warranty deed from William and Mary Ann Roskelly for certain donated property, more particularly described as The West 100 feet of Lots 1167 to 1176 inclusive and the east 1/2 of vacated Hubbard Road adjacent to Lots 1167, 1168 and the south 29 66 of Lot 1169, Rosedale Gardens No 4 Subdivision, as part of the South 1/2 of the Northeast 1/4 of Section 34, T1 S , R9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 59, Page 75 of Plats, Wayne County Records (Part of Parcel No 133-03-1167- in. 001) Regular Meeting of May 11, 2005 39158 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid warranty deed and the City Clerk is hereby requested to do all other things necessary or incidental to fulfill the purpose of this resolution Announcements made at the end of the Council meeting were Councilmember Knapp said a "Happy Birthday" to his brother-in-law, Anthony Hall, who celebrated his birthday today on May 11 Council Vice-President Meakin announced that the Chamber of Commerce's Business Expo would take place on Thursday, May 12, which will include a "Taste of Livonia" where several Livonia restaurants will be represented City Clerk Val Vandersloot wished her husband, Donald, an early "Happy Birthday", since he will celebrate his special day on May 14 On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,536th Regular Meeting of the Council of the City of Livonia was adjourned at 9 07 pm , May 11, 2005 Val Vandersloot, City Clerk