Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2004-10-27 34876 MINUTES OF THE ONE THOUSAND FIVE HUNDRED TWENTY-THIRD REGULAR MEETING OF OCTOBER 27, 2004 On October 27, 2004, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Godfroid-Marecki delivered the invocation Roll was called with the following result. Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes and Gerald Taylor Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Catherine White, Chief Assistant City Attorney; Val Vandersloot, City Clerk and Michael Slater, Director of Finance On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 495-04 RESOLVED, that the minutes of the 1,522nd Regular Meeting of the Council held October 13, 2004 are hereby approved as submitted During the audience communication portion of the agenda, Council President Taylor removed Agenda Item #18 from this meeting and moved it to the next voting meeting of the Council that will be held on November 10, 2004 The following persons spoke in opposition to the removed #18 Agenda item, which is a proposed lot split that is located south of Eight Mile and west of Middlebelt Roads at 20250 and 20270 Fremont Betty Johnson, who resides on the north side of the proposed lot split property Nancy Romaine, 20249 Fremont Carol Craw, 20230 Fremont Regular Meeting of October 27, 2004 34877 Carol O'Brien, 20214 Fremont Joan Gebhardt, 35248 Leon, thanked City officials for their service to the community, and encouraged everyone to vote on November 2 On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 496-04 WHEREAS, the City of Livonia recognizes the importance of trucks to the Michigan economy and the need to transport goods and materials efficiently and economically; however, HB 4358 if fiscally irresponsible and poses a great threat to public safety; and WHEREAS, House Bill 4358 proposes to increase the length of trucks on Michigan roads from 59 to 65 feet, allow trucks to travel over any road in the state, and reduce the penalty of overweight trucks to $250, and WHEREAS, the State of Michigan and the City of Livonia have billions of dollars invested in road infrastructure, local road repair and maintenance, allowing increased truck length and reducing the penalty for truck weight will accelerate the deterioration of state and local roads which are already among the poorest condition in the nation, and WHEREAS, it is very expensive to design, construct, and maintain streets of adequate strength to handle the excessive weight of large trucks, one legal 80,000 pound tractor-trailer does as much damage to pavement as 9,600 cars - damage that increases exponentially as a truck's weight rises Many studies recognize that trucks do not pay their fair share of road taxes relative to the amount of damage they cause to road pavement, and WHEREAS, many older roads, subdivision streets and intersections were designed for trucks 53 feet long or less, based on turning radius, and cannot accommodate significantly longer vehicles, and WHEREAS, the $250 penalty set forth in HB 4358 will be virtually meaningless to most trucking companies and is out of balance with the damage done to state and local roadways by overweight trucks, penalties must be large enough to encourage truckers to stay on designated routes and observe weight limits, removing judicial review encourages repeat offenses and regular abuse of weight lbw limitations, and Regular Meeting of October 27, 2004 34878 WHEREAS, local governments are in the best position to evaluate which roads can safely handle truck traffic To restrict the ability of the City of Livonia to control where trucks travel within our city is fiscally irresponsible and will cause grave danger to citizens, and private and public property NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia urges the Michigan legislature and the Governor to oppose HB 4358, a bill which is bad public policy and not in the interests of the citizens of Michigan BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Governor, the Senate Transportation Committee, the Senate Majority and Minority Leaders and members of the Michigan legislature who represent our residents City Clerk Val Vandersloot offered the City's condolences to Karen Tesner, Assistant City Clerk for Livonia, on the loss of her brother, Kevin, this last weekend She then gave an update on elections in Livonia To date, the City has mailed out nearly 15,000 absentee ballots, and over 10,000 have been returned Vandersloot encouraged all voters to vote next Tuesday, November 2 To avoid any unnecessary delays, newly registered voters in Michigan should bring photo ID with them, and anyone who has not voted in several years should drive by their polling site Several schools have been demolished over the last six years, and Marshall Elementary School is now a daycare center Council President Taylor announced that a Public Hearing for the following item would be held on Wednesday, November 17, 2004 at 7 00 p m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Petition 2004-09-01-10 submitted by Jacalyn Newman Simon and Henry Stein requesting to rezone property located on the east side of Newburgh Road between Five Mile Road and Ladywood Road (15552 Newburgh Road) in the Southwest 1/4 of Section 17 from R-2A to OS (One Family Residential — 70' x 120' Lots to Office Services) On a motion by Kokenakes, seconded by Robinson, it was CR 497-04 RESOLVED, that having considered a letter from Kristi Richards, on behalf of Botsford Elementary Support Team, dated October 1, 2004, which requests permission to display wire signs, which are approximately 14" x 22" in size, advertising Regular Meeting of October 27, 2004 34879 Botsford Elementary School's 4th Annual Bazaar to be conducted on Saturday, November 13, 2004, which signs are to be installed no earlier than Saturday, November 6, 2004, and removed no later than Sunday, November 14, 2004, at various locations in the City of Livonia only, the Council does hereby grant and approve this request in the manner and form herein submitted CR 498-04 RESOLVED, that having considered a letter from Jean M Medlen, President, Holy Cross Women of the ELCA, dated October 9, 2004, which requests permission to display 18" x 24" wire signs advertising a book and bake sale fundraiser at Holy Cross Lutheran Church on Friday, November 5, 2004, and Saturday, November 6, 2004, the purpose of which is to raise money for a seminary scholarship fund, which signs are to be installed no earlier than Friday, October 29, 2004, and removed no later than Saturday, November 6, 2004, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted A communication from the Office of the City Clerk, dated October 8, 2004, forwarding a letter from the Treasurer of the Board of the Wayne County Transit Authority re collection of Wayne County Transit Authority taxes for the year 2004 to be collected by the City during the winter tax collection CR 499-04 RESOLVED, that having considered a communication from the City Librarian, dated September 20, 2004, 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 the grant in the amount of $13,768 41 from the Reed Act/Gates Foundation, to be deposited in account No 223- 639-528-669, such grant to be used for replacing and upgrading public access computers at Civic Center, Noble and Sandburg Libraries, FURTHER, the Council does hereby authorize the expenditure of $13,768 41 from Account No 223-639-987-000 for this purpose CR 500-04 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 23, 2004, approved for submission by the Mayor, and to which is attached (as Exhibit A) a summary of quotes received for the lease purchase of copy machines for various City departments, the Council does hereby authorize the lease of one copy machine from Lanier Worldwide, Inc., 20700 Civic Center Drive, Suite 350, Regular Meeting of October 27, 2004 34880 Southfield, Michigan 48067, for use by the Housing Commission - Newburgh Village, the lease of one copy machine from Danka Office Imaging Company, 32500 Telegraph Road, #100, Bingham Farms, MI 48025, for use by the Assessor/Treasurer Departments, and the lease of three copy machines from Ikon Office Solutions, Inc , 26800 Meadowbrook, Novi, Michigan 48377, for use by the Inspection, Police and Community Resources Departments, for 48- month periods for amounts, items and prices indicated on the aforementioned Exhibit A, at the end of which time title to the copiers will be transferred to the City; FURTHER, the Council does hereby authorize the said action herein without competitive bidding in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 501-04 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated September 23, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which sets forth Housing Commission Resolution 28-04, wherein the Commission recommended the following rental increases to become effective January 1, 2005, with respect to City-owned scattered site properties as follows Current Proposed 2 Bedroom $330 $340 29149 Morlock 20121 Floral 27545 Long 3 Bedroom $415 $425 11910 Cardwell 12411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile 10033 Garden 35546 Orangelawn 12092 Arcola 20222 St. Francis 4 Bedroom $480 $490 20120 Deering The above rents exclude all utilities Regular Meeting of October 27, 2004 34881 The Council does hereby concur in and approve of the recommended action CR 502-04 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated October 8, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the adjusted bid of CEI Group, LLC, 2140 Industrial Drive, P 0 Box 200, Howell, Michigan 48843, for completing all work in connection with the 2004 Roof Replacement Projects (City Hall Annex, Water and Sewer Maintenance Building and DPW Administration Building), for the adjusted total price of $224,050 00, the same having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize the elimination of the Fire Station No 4 roof from the previously approved program, FURTHER, the Council does hereby authorize an expenditure in the amount of$145,246 00 from funds already budgeted in Account No 401-000-976-000 (Capital Outlay, Building Maintenance), and the amount of $21,504 90 from funds already budgeted in Account No 101-447-818-020 (General Fund, Building Maintenance Contractual Services - Maintenance) for the City Hall Annex roof; and an expenditure in the amount of$57,300 00 from funds already budgeted in Account No 592-559-931-000 (Water and Sewer Fund, Building Maintenance) for the Water and Sewer Maintenance Building roof and the DPW Administration Building roof; and the Director of Public Works is hereby authorized to approve any minor changes 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 bidder and to do all other things necessary or incidental to the full performance of this resolution CR 503-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 4, 2004, which transmits its resolution 09-128-2004 adopted on September 28, 2004, with regard to Petition 2004-08-GB-04, submitted by Ron Rissman, requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18 45 of Zoning Ordinance No 543, as amended, for property located at 38047 Ann Arbor Road, between Ann Arbor Trail and West Chicago Boulevard in the Northeast 1/4 of Section 31, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004- 08-GB-04 is hereby approved and granted, subject to the following conditions Regular Meeting of October 27, 2004 34882 1 That the natural landscaped greenbelt along part of the east property line, as shown on the plan received by the Planning Commission on August 26, 2004, is hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 That using a combination of tree species, along with other landscape materials, not only provides a superior buffer but also contributes to the site's aesthetic attractiveness, helps reduce visual monotony, and offers year-round appeal, 3 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission and City Council for their review and approval or immediately construct the protective wall pursuant to Section 18 45, and 4 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated September 23, 2004 • That the entire parking lot shall be cleaned up, repaired, resealed and double striped, • That the parking bumpers missing at the sidewalk shall be replaced, • That the sinkhole by the drain in the rear lot, east end, shall be repaired, • That the hole in the fence around the basin, west side, shall be repaired, • That the landscape area at the west side, north of the emergency gates, shall be revamped and reestablished CR 504-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 4, 2004, which transmits its resolution 09-124-2004, adopted on September 28, 2004, with regard to Petition 2004-08-SN-07, submitted by Bravo Italian Restaurant, requesting approval for signage for the restaurant located at 17700 Haggerty Road, between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Regular Meeting of October 27, 2004 34883 Commission and Petition 2004-08-SN-07 is hereby approved and granted, subject to the following conditions 1 That the Sign Package marked sheets 1 through 12, all dated April 14, 2004, prepared by Federal Heath Sign Company, is hereby approved and shall be adhered to, except that the lettering of the awnings shall not exceed four (4) inches in height, 2 That these wall signs shall not be illuminated beyond one (1) hour after this business closes, 3 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 5 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 6 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for CR 505-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 4, 2004, which transmits its resolution 09-126-2004, adopted on September 28, 2004, with regard to Petition 2004-09-SN-09, submitted by Phoenix Land Development, requesting approval for signage for the residential development (Fountain Park Condominiums) located on the east side of Farmington Road between Plymouth Road and Capitol Avenue in the Southwest 1/4 of Section 27, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-09-SN-09 is hereby approved and granted, subject to the following conditions 1 That the Sign Package submitted by Phoenix Land Development, as received by the Planning Commission on September 7, 2004, is hereby approved and shall be adhered to, Regular Meeting of October 27, 2004 34884 2 That the setback of this sign shall not be less than ten (10) feet from the Farmington Road right-of-way line, and 3 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for CR 506-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 4, 2004, which transmits its resolution 09-127-2004, adopted on September 28, 2004, with regard to Petition 2004-09-SN-10, submitted by J L Geisler, on behalf of Infineon Technologies, requesting approval for signage for the office building located at 19111 Victor Parkway, on the northwest corner of Seven Mile Road and Victor Parkway in the Southeast 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004- 09-SN-10 is hereby approved and granted, subject to the following conditions 1 That the Sign Package submitted by J L Geisler Corporation, as received by the Planning Commission on September 7, 2004, is hereby approved and shall be adhered to, 2 That these signs shall not be illuminated beyond one (1) hour after this business closes, 3 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 5 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and deficient setback and any conditions related thereto, and 6 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for CR 507-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 4, 2004, which Regular Meeting of October 27, 2004 34885 transmits its resolution 09-122-2004 adopted on September 28, 2004, with regard to Petition 2004-09-08-16 submitted by Lucky's Sports Retreat, requesting site plan approval in connection with a proposal to renovate the exterior of the building located at 19265 Victor Parkway, on the west side of Victor Parkway, approximately 800 feet north of Seven Mile Road, in the Southeast 1/4 of Section 6, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-09-08-16 is hereby approved and granted, subject to the following conditions 1 That the Exterior Building Elevation Plans marked Sheets A- 3 and A-4, both dated August 14, 2004, prepared by Kobeissi Associates, are hereby approved and shall be adhered to, 2 That the brick used in the construction shall be full-face 4 inch brick, or in the case a precast concrete system is used, it shall meet ASTM C216 standards, 3 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, 4 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 5 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; 6 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated September 23, 2004 • That the existing landscaping of the site shall be revamped and reestablished and the underground irrigation system shall be deemed operational, 7 That the signage shown on the approved Elevation Plans and the plans dated September 27, 2004, as prepared by Art One Sign Company, Sheets 1, 2 or 3, are approved with this Regular Meeting of October 27, 2004 34886 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, 9 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 10 That the Planning Commission has no objection to the second sign as long as it is no larger than the sign the Zoning Board of Appeals gave the former tenant, Rio Bravo CR 508-04 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 13, 2004, and the report and recommendation of the Chief of Police, dated August 25, 2004, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Paradocs Properties, LLC, for transfer of ownership of a 2004 Class C Licensed Business (in escrow) with Official Permit (Food) from Rio Bravo Acquisitions, Inc (a Delaware Corporation) (Step I), for a business located at 19265 Victor Parkway, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 509-04 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 23, 2004, and the report and recommendation of the Chief of Police, dated October 1, 2004, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Lucky's Sports Retreat, LLC, for transfer of ownership of a 2004 Class C Licensed Business (in escrow) with Official Permit (Food) from Paradocs Properties, LLC, (Step II), for a business located at 19265 Victor Parkway, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolutions with the following result. AYES Godfroid-Marecki, McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor Regular Meeting of October 27, 2004 34887 NAYS None The Preliminary 2004-2005 Fiscal Year Budget was received and placed on file for the information of the Council A communication from the Department of Finance, dated September 29, 2004, re additional information relative to the 2004-05 proposed budget for the City of Livonia, 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 510-04 RESOLVED, that the Council hereby determines that the annual budget for the next fiscal year commencing December 1, 2004, and ending November 30, 2005, as shown in the budget, submitted by the Mayor to the Council on September 15, 2004, as amended to increase Revenue Account 101-000-444-000 (Property Tax Adjustments) in the amount of $25,000 00, and increase expense account 101-202-818-225 (Contract Services - Appraisals) in the amount of $25,000 00, in order for the City to participate in a State grant for personal property audits, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 11, 2004, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 16, 2004, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was `. Regular Meeting of October 27, 2004 34888 CR 511-04 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 0447 mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2004, and ending November 30, 2005, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 0 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1.2134 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 0 8088 nulls, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0 0110 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, Regular Meeting of October 27, 2004 34889 business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 2 0767 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of 0 2723 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1990 Street Improvement Bond, Series I, Series II, Series III and Series IV, in addition to the amount which is authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 0 4979 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of 0 7855 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, youth and recreation personnel, equipment, supplies, facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, (i) The Council does hereby establish a tax levy of 0 8893 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing revenues for repairing or replacing public roads, sidewalks and trees in Regular Meeting of October 27, 2004 34890 the City of Livonia, in addition to the amount to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 512-04 RESOLVED, that in connection with the Public Hearing on the proposed budget for the City of Livonia held October 11, 2004, the Council does hereby refer the subject of minimizing costs to the Youth Commission with respect to youth lock-in events held at the Community Recreation Center to the Administration for its report and recommendation Councilmember McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING CHAPTER 36 OF TITLE 15 (GRADING AND SOIL EROSION CONTROL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES Godfroid-Marecki, McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Meakin, seconded by Kokenakes, it was CR 513-04 RESOLVED, that having considered a communication from the City Assessor, dated September 30, 2004, approved for Regular Meeting of October 27, 2004 34891 submission by the Mayor, with regard to a request from Charles Deamud, 34449 Pinetree, Livonia, Michigan 48150, 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 and combination of Tax Item Nos 46-130-05-0831-001 and 46-130-05- 0831-002 into two parcels, the legal description(s) of which shall read as follows PROPOSED DIVISION PARCEL "A-1" Part of Lot 831 of part of amended plat of Lots 45-52, inclusive of Supervisor's Livonia Plat #1, of part of the East 1/2 of NW 1/ Section 33, T 1 S , R 9E , City of Livonia, Wayne County, Michigan as recorded in L 118, P 47 W C R , described as Commencing at the Northeast corner of said Lot 831, thence N 89°54'00" W 40 00 feet to the point of beginning, thence S 00°00'00" E 101 57 feet to the North line of Camborne Stark Road School Subdivision as recorded in L 113, P 33, 34, thence S 88°12'10" W 17 01 feet along said North line of Camborne Stark Road School Subdivision, thence N 00°00'00" W 102 14 feet; thence S 89°54'00" E 17 00 feet to the point of beginning Containing 0 040 acres PROPOSED COMBINATION PARCEL "A" Part of Lot 831 of Part of amended plat of Lots 45-52, inclusive of Supervisor's Livonia Plat #1, of part of the East 1/2 of NW 1/4 Section 33, T 1S , R 9E , City of Livonia, Wayne County, Michigan as recorded in L 118, P 47 W C R , described as Beginning at the Northeast corner of said Lot 831, thence S 00°00'00" W 100 25 feet along the East line of said Lot 831 and the West line of Camborne Stark Road School Subdivision as recorded in L 113, P 33 to the North line of said Camborne Stark Road School Subdivision, thence S 88°12'10" W 57 03 feet along said North line of Camborne Stark Road School Subdivision, thence N 00°00'00" W 102 14 feet; thence S 89°54'00" E 57 00 feet to the point of beginning Containing 0 132 Acres PROPOSED COMBINATION PARCEL "B" Regular Meeting of October 27, 2004 34892 Part of Lot 831 of part of amended plat of Lots 45-52, inclusive of Supervisor's Livonia Plat #1, of part of the East Y2 of NW 1/4 Section 33, T 1S , R.9E , City of Livonia, Wayne county, Michigan as recorded in L 118, P 47 W C R , described as Commencing at the Northeast corner of said Lot 831, thence N 89°54'00" W 57 00 feet to the point of beginning, thence S 00°00'00" E 102 14 feet to the North line of Camborne Stark Road School Subdivision as recorded in L 113, P 33, 34, thence S 88°12'10" W 60 20 feet along said North line of Camborne Stark Road School Subdivision, thence N 00°00'00" W 104 13 feet; thence S 89°54'00" E 60 17 feet to the point of beginning Containing 0 142 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 width and area requirements set forth in Zoning Ordinance No 543, as amended, with respect to this division and combination, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor NAYS None The President declared the resolution duly adopted On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 514-04 RESOLVED, that having considered a communication from the City Assessor, dated September 30, 2004, approved for submission by the Mayor, with regard to a request from Charles Deamud, 34449 Pinetree, Livonia, Michigan 48150, for the proposed division and combination of Tax Item Nos 46-130-05- 0831-001 and 46-130-05-0831-002 into two parcels, the Council does hereby refer the subject of the possible rezoning of parcels A and B to R-1 (One Family Residential) to the Planning Commission Regular Meeting of October 27, 2004 34893 for action and recommendation in accordance with provisions of law and City ordinance On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 515-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 4, 2004, which transmits its resolution 09-123-2004, adopted on September 28, 2004, with regard to Petition 2004-08-SN-06, submitted by Claddagh Irish Pub, requesting approval for signage for the restaurant located at 17800 Haggerty Road, between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-08-SN-06 is hereby approved and granted, subject to the following conditions 1 That the Sign Package marked sheets 1 through 9, received by the Planning Commission on October 1 , 2004, as revised, prepared by Integrated Sign Associates, are hereby approved and shall be adhered to, except for the following stipulations • That the Gaelic wording/lettering of the vinyl graphic panels shall not exceed four (4) inches in height; • That the projecting blade signs shall be deleted, • That the wall sign shown on the south elevation, identified as sign F, shall not be allowed but shall be placed on the north elevation, 2 That these wall signs shall not be illuminated beyond one (1) hour after this business closes, 3 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 4 That any additional signage shall come back before the Planning Commission and City Council for their review and LIapproval, Regular Meeting of October 27, 2004 34894 5 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and i.. 6 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for An e-mail communication dated October 25, 2004, re new renderings for the Metal Wall Art elevation and mounting detail at Mitchell's Fish Market, 17600 Haggerty Road, Livonia, 48152, as well as hard copies of the same received on October 26, 2004, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 516-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 4, 2004, which transmits its resolution 09-125-2004, adopted on September 28, 2004, with regard to Petition 2004-08-SN-08, submitted by Mitchell's Fish Market, requesting approval for signage for the restaurant located at 17600 Haggerty Road, between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-08-SN-08 is hereby approved and granted, subject to the following conditions 1 That the Sign Package marked pages 1 through 10 prepared by Columbus Sign Company, as received by the Planning Commission on August 24, 2004, is hereby approved and shall be adhered to, provided that the total area of the identification signs shall not exceed 144 square feet and excluding the lettering on the awnings and modesty panels, which shall not exceed four (4) inches in height, and that the two painted graphics, totaling 236 square feet, divided equally between the lobster and the fish, shall be tabled to a future date for more information, 2 That these wall signs shall not be illuminated beyond one (1) �,,, hour after this business closes, Regular Meeting of October 27, 2004 34895 3 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 5 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 6 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 517-04 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 4, 2004, 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 the donation of Farmer Jack Food Certificates in the total amount of $500 00 from the Kiwanis Early Risers to the Community Resources Department to be used as indicated in the aforesaid communication During the audience communication portion of the agenda, Council Vice-President Meakin wished his wife a Happy 11t" Anniversary, which they celebrated on the past Saturday On a motion by Meakin, seconded by Robinson, and unanimously adopted, this 1,523rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 32 p m , October 27, 2004 G Val Vandersloot, City Clerk 34896 MINUTES OF THE ONE THOUSAND FIVE HUNDRED TWENTY-FOURTH REGULAR MEETING OF NOVEMBER 10, 2004 On November 10, 2004, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember McCann delivered the invocation Roll was called with the following result James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki and Gerald Taylor Absent: None Elected and appointed officials present. Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs and Captain Cramb, Livonia Police Department. On a motion by Knapp, seconded by Robinson, it was CR 518-04 RESOLVED, that the minutes of the 1,523rd Regular Meeting of the Council held October 27, 2004 are hereby approved as submitted During the audience communication portion of the agenda, Council President Taylor introduced Webelo Pack 1384 from St. Edith's Church accompanied by their leader, Mario Azzopardi City Clerk Val Vandersloot announced that voter turnout in Michigan was at record high numbers, 67 5% of registered voters statewide voted on November 2 and 80% of Livonia registered voters cast their ballots Vandersloot also thanked the 400 people who worked on Election Day to make the election possible There were workers at 43 polling sites throughout the City, as well as those at City Hall Council President Taylor announced that a Public Hearing for the following item would be held on Wednesday, December 1, 2004 at 7 00 P M in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Petition 2004-09-01-11 submitted by Joel Elliott and Marty Kozyn, on behalf of CB Swim Club, requesting to rezone property at 28200 Lyndon Avenue, located 34897 Regular Meeting of November 10, 2004 on the east side of Harrison Avenue (part of the CB Swim Club Site) between Lyndon Avenue and Oakley Avenue in the Northeast 1/4 of Section 24 from RUF to R-2 tow A communication from the Department of Finance, dated October 20, 2004, re forwarding various financial statements of the City of Livonia for the month ending September 30, 2004, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Knapp, it was CR 519-04 RESOLVED, that having considered a letter from Julie Culp, Franklin High School Patriots Club, dated October 18, 2004, requesting permission to place 24" x 22" lawn-type signs advertising fall and spring craft shows to be conducted on Saturday, November 20, 2004, and Saturday, March 19, 2005, and which signs would be installed at various locations in the City on Saturday, November 13, 2004, for the fall show and Saturday, March 12, 2005, for the spring show and removed the day following each show, the Council does hereby approve of and concur in this request in the manner and form herein requested CR 520-04 RESOLVED, that having considered a communication from the Fire Chief, dated October 20, 2004, which bears the signature of the Director of Finance and the Director of Public Safety, and is approved for submission by the Mayor, the Council does hereby accept a Federal Emergency Management Agency (FEMA) FY 2003 Assistance to Firefighters Grant Award wherein the total grant project has been budgeted for $140,060 00 with the Federal Government's portion (70%) being $98,042 00 and the City's portion (30%) being $42,018 00; FURTHER, the Council does hereby authorize the purchase of various equipment in the amount of$136,360 02 from various companies as listed in the aforesaid communication, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $98,042 00 from Account No 223-637-558-050 and does hereby appropriate and authorize an expenditure in the amount of $34,996 80 from Account No 223-648-987-000 for this purpose, FURTHER, the Council does hereby authorize an expenditure in the amount of $7,021 20 from funds already budgeted in Account No 101-338-939-000 for this purpose, FURTHER, the Council does hereby authorize the purchase of said items 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 34898 Regular Meeting of November 10, 2004 Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution CR 521-04 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated October 12, 2004, which bears the signature of the Director of Finance and the Director of Public Safety, and is approved for submission by the Mayor, which requests authorization to sell a surplus Fire Prevention Vehicle 3-95, 1995 Chevrolet Caprice, VIN #1G1BL52W1SR177856 at auction, the Council does hereby concur in and approve of the recommended action, FURTHER, the proceeds of the sale of such vehicle shall be allocated to Account No 101-000-680-000 (Sale of Fixed Assets) CR 522-04 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 11, 2004, which bears the signature of the Director of Finance, the City Attorney and the Director of Inspection, and is approved for submission by the Mayor, with regard to the renewal of the contract between the City of Livonia and Livonia Towing, Inc and the possible amendment to towing and storage rates set forth in the Livonia Code of Ordinances, the Council does hereby refer this item to the Legislative Committee for its report and recommendation CR 523-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated October 12, 2004, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of a storm sewer as part of the development of the commercial property located at 11707 Merriman Road, on the west side of Merriman Road, north of Plymouth Road in the Southeast 1/4 of Section 26, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans, and further that the City will accept jurisdiction and maintenance (at no expense to the County) of the entire on-site storm sewer collection system within the property located on the west side of Merriman Road, north of Plymouth Road in the Southeast 1/4 of Section 26 (See attached letter from Taco Bell of America, Inc , dated September 20, 2004, indicating its willingness to reimburse the City for any such maintenance that may become necessary ) 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction 34899 Regular Meeting of November 10, 2004 CR 524-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated October 22, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve final payment in the amount of $64,680 08 to Kenneth R Hartman, Inc , P 0 Box 902, Kankakee, Illinois 60901-0902, which represents final costs for completing the 2003 Joint and Crack Sealing Program (Contract 2003-C), after the contractor's completion of final clean-up items, FURTHER, the Council does hereby appropriate and authorize the expenditure of the amount of $64,680 08 from the Michigan Transportation Fund (Local Road Account) for this purpose CR 525-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated October 22, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve final payment in the amount of $18,144 17 to Michigan Joint Sealing, Inc , 30301 Navin, Livonia, Michigan 48152, which represents final costs for completing the 2004 Joint and Crack Sealing Program (Contract 2004-D), after the contractor's completion of final clean-up items, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $18,144 17 from the Michigan Transportation Fund (Local Road Account) for this purpose CR 526-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated October 12, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a summary outlining the final allocation of costs in connection with the 2004 Sidewalk Program pursuant to Council Resolution 238-04, the Council does hereby determine as follows 1 To establish the final project cost at $146,126 94 of which total $33,222 23 is to be charged to the Single Lot Assessments and $112,904 71 is to be charged to Account No 204-441-818-104 (Road, Sidewalk and Tree Fund), 2 To authorize an additional appropriation and expenditure in the amount of $31,923 74 from Account No 204-441-818-104 (Road, Sidewalk and Tree Fund) to cover additional slab replacements related to repairs of sidewalks heaved by tree roots, 3 To authorize an additional appropriation and expenditure in the amount of $3,682 04 from the General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at 34900 Regular Meeting of November 10, 2004 such time as funds are subsequently received from the payment of bills and assessments by affected property owners, and 4 To authorize final payment in the amount of $16,797 45 to Gaglio Brothers Corporation, 18385 Dix,Toledo Highway, Brownstown Township, Michigan 48192 for work related to the 2004 Sidewalk Program (Contract 04-G) upon final release by the Engineering Division CR 527-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 19, 2004, which transmits its resolution 10-133-2004, adopted on October 12, 2004, with regard to Petition 2004-09-02-31, submitted by Albanelli Realty, on behalf of Albanelli Cement Contractors, Inc , requesting waiver use approval for outdoor storage of construction equipment and materials at a business located at 12725 Fairlane, on the west side of Fairlane Avenue between the CSX Railroad and Glendale Avenue in the Northwest 1/4 of Section 28, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-09-02-31 is hereby approved and granted, subject to the following conditions 1 That the Site Plan submitted by Albanelli Cement Contractors, Inc , dated August 30, 2004, is hereby approved and shall be adhered to, 2 That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10' x 20' in size as required, 3 That the location of the handicap parking space be placed closer to the building entrance, 4 That the outdoor storage of trailers, backhoes, bulldozers, commercial vehicles, equipment and materials shall be limited to the designated locations as shown on the above-referenced Site Plan and shall be maintained in an orderly manner; 5 That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items, 6 That the outdoor stacking or stockpiling of materials shall not exceed 8 feet in height above ground level, 7 That the unimproved northerly parcel shall be hard surfaced with crushed rock or gravel prior to the issuance of the Certificate of Occupancy by the Inspection Department and shall be maintained in a dust-proof condition, and said storage area shall be properly graded 34901 Regular Meeting of November 10, 2004 and drained to dispose of all surface water in a manner as approved by the Engineering Division, 8 That all landscaped and sodded areas shall be permanently maintained in a healthy condition, 9 That a dumpster enclosure shall be provided in the southwesterly portion of the site as shown on the Site Plan which shall be constructed of brick, block or reinforced poured concrete walls and with enclosure gates which shall be properly maintained and, when not in use, closed at all times, 10 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy; and 11 That a berm and appropriate landscaping shall be added to the front of the unused property to the north in order to shield the view of the outdoor storage yard from the street. A roll call vote was taken on the foregoing resolutions with the following result. AYES McCann, Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS None Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION (4) AND ADDING SUBSECTION (27) TO SECTION 2 08 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition 2004-07-06-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance 34902 Regular Meeting of November 10, 2004 AN ORDINANCE AMENDING SECTION 4 02 OF ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition 2004-07-06-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 5 02 OF ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition 2004-07-06-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE ADDING SUBSECTION (m) TO SECTION 9 03 OF ARTICLE IX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition 2004-07-06-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance 34903 Regular Meeting of November 10, 2004 AN ORDINANCE ADDING SUBSECTION (m) TO SECTION 10 03 OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition 2004-07-06-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE ADDING SUBSECTION (u) TO SECTION 11 03 OF ARTICLE XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition 2004-07-06-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 48 OF TITLE 5 (MASSAGE, STEAM OR SAUNA FACILITY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance 34904 Regular Meeting of November 10, 2004 AN ORDINANCE ADDING CHAPTER 49 TO TITLE 5 (MASSAGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 528-04 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 15, 2004, approved for submission by the Mayor, with regard to massage establishment and therapist application fees as referred to in Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby establish the following fees FEES Massage Establishments Initial Application $750 00 Yearly Inspection 50 00 Massage Therapist Initial Application $100 00 Renewal (Annual) 50 00 Apprentice - Initial Application $ 75 00 Renewal (Annual) 50 00 A communication from the Civil Service Department, dated November 9, 2004, re accepting a quote from ITT Hartford Insurance for Life Insurance/Accidental Death and Dismemberment Renewal, 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 34905 Regular Meeting of November 10, 2004 CR 529-04 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 19, 2004, approved for submission by the Mayor, with regard to quotes received for life insurance, accidental death and dismemberment coverage as set forth in the list and tabulation attached to the aforesaid communication, the Council does hereby accept the quoted price of ITT Hartford Insurance, Hartford Plaza, Hartford, Connecticut 06115, to provide life insurance at the rate of$ 180 (Life Insurance) and $ 02 (Accidental Death and Dismemberment) per $1,000 payroll per month, the same having been in fact the lowest quote received, FURTHER, the Council does hereby authorize an Agreement between the City of Livonia and ITT Hartford Insurance to buy life insurance coverage at these rates for a three year period ending November 30, 2007, FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended A communication from the Division of Police, dated November 5, 2004, re new information received relative to the authorization to purchase Motorola Mobile Data Computers for use at the Police Department, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 530-04 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 20, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of five Motorola Mobile Data Computer MW-800 workstations and miscellaneous options from Motorola, 37101 Corporate Drive, Farmington Hills, Michigan 48331, for a total cost not to exceed $26,806 75, the same to be expended from funds already budgeted in Account No 101-306-729- 000 (Computer Supplies) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low bid from the State of Michigan REMC Cooperative Bid Catalog and such action is taken in accordance with the provisions set forth in Section 3 04 140D 4 of the Livonia Code of Ordinances, as amended On a motion by Kokenakes, seconded by McCann, it was 34906 Regular Meeting of November 10, 2004 CR 531-04 RESOLVED, that having considered a communication from the City Assessor, dated October 5, 2004, approved for submission by the Mayor, with regard to a request from John Allie of Allie Investment Co , 20295 Middlebelt, 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 Nos 46-005-02-0006-002 and 46-005-02- 0007-000 into three parcels, the legal description(s) of which shall read as follows PARCEL A The Northerly 1/2 of Lot 6 "Elmwood Farms" being a subdivision of part of the N E 1/4 of Section 2, T 1S , R.9E , Livonia Township (now City) Wayne County, Michigan, as recorded in Liber 48 of plats, Page 59, Wayne County records Containing 0 241 acres (10,489 68 sq ft.) Subject to any easements or restrictions of record PARCEL B The Southerly 1/2 of Lot 7 "Elmwood Farms" being a subdivision of part of the N E 1/4 of Section 2, T 1S , R.9E , Livonia Township (now City), Wayne County, Michigan, as recorded in Liber 48 of plats, Page 59, Wayne County Records Containing 0 241 acres (10,489 68 sq ft.) Subject to any easements or restrictions of record PARCEL C The Northerly 1/2 of Lot 7 "Elmwood Farms" being a subdivision of part of the N E 1/4 of Section 2, T 1S , R.9E , Livonia Township (now City), Wayne County, Michigan, as recorded in Liber 48 of plats, Page 59, Wayne County Records Containing 0 241 acres (10,489 68 sq ft.) Subject to any easements or restrictions of record 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 WIDTH REQUIREMENTS SET FORTH IN ZONING ORDINANCE NO 543, AS AMENDED, WITH RESPECT TO THIS PROPERTY DIVISION, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result. 34907 Regular Meeting of November 10, 2004 AYES McCann, Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS Robinson The President declared the foregoing resolution duly adopted The following two people spoke in opposition to the lot split at 20250 and 20270 Fremont Carolyn O'Brien 20214 Fremont Carol Craw 20230 Fremont On a motion by Godfroid-Marecki, seconded by Robinson, and unanimously adopted, it was CR 532-04 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 1 19 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 97", and WHEREAS, written notice has been given by certified mail to Delta Gear, Inc , d/b/a Tifco Gage and Gear of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 97, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 97, and WHEREAS, on Monday, October 25, 2004, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 97, at which time Delta Gear, Inc , d/b/a Tifco Gage and Gear and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Delta Gear, Inc , d/b/a Tifco Gage and Gear attended said hearing and acknowledged receipt of notice of such hearing on behalf tr.. of the said corporation, 34908 Regular Meeting of November 10, 2004 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 97 " EXHIBIT A A part of NW 1/4 of Section 27, T1 S, R9E, City of Livonia, Wayne County, Michigan, being more particularly described as Beginning at a point on the S line of Industrial Road (60 feet wide) said point being S 0 degrees 20 minutes 30 seconds W , along the W line of Section 27, T1 S, R9E, 1215 00 feet and S 89 degrees 35 minutes 30 seconds E , along the S line of Industrial Road 630 feet from the NW corner of Section 27, T1 S, R9E, thence from said point of beginning and continuing along the S Line of Industrial Road S 89 degrees 35 minutes 30 seconds E , 140 feet, thence S 0 degrees 20 minutes 30 seconds W , 373 00 feet; thence N 89 degrees 35 minutes 30 seconds W , 140 00 feet; thence N 0 degrees 20 minutes 30 seconds E , 373 00 feet to the point of beginning, containing 1119 acres Consisting of an approximately 18,640 square foot building, commonly known as 33067 Industrial Road, Livonia, Michigan On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 533-04 RESOLVED, that having considered a communication from the Fire Chief, dated October 18, 2004, which bears the signature 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 $1,000 00 from the Wal-Mart Foundation, the same to be appropriated and credited to Account No 702 285-336 (Fire Community Donations), for the purposes as designated by the donor On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 534-04 RESOLVED, that having considered a communication from the Chief of Police, dated October 18, 2004, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, 34909 Regular Meeting of November 10, 2004 accept a cash donation in the amount of $1,000 00 from the Wal-Mart Foundation, the same to be appropriated and credited to Account No 702 285-213 (Trust Fund), for the purchase of a TASER® less-lethal weapon for the Police Department. Capt. Cramb, Livonia Police Department, spoke on behalf of the Livonia Police and Fire Departments thanking Wal-Mart for their second donation this year, these donations being a part of Wal-Mart's nationwide "Good Neighbor Program" On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,524th Regular Meeting of the Council of the City of Livonia was adjourned at 8 21 p m , November 10, 2004 a.? 6,/e;-,,--Le-t-,p-67.4 Val Vandersloot, City Clerk