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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-04-09 34002 MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-SIXTH REGULAR MEETING OF APRIL 9, 2003 On April 9, 2003, 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 Taylor led the Council in the recitation of the Pledge of Allegiance Roll was called with the following result. Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan and Jack Engebretson Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs and Ian Wilshaw, Traffic Commission On a motion by Taylor, seconded by Brosnan, it was. CR 139-03 RESOLVED, that the minutes of the 1,485th Regular Meeting of the Council held March 26, 2003, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Brosnan, Knapp, Vandersloot, Dolan and Engebretson NAYS None PRESENT Laura Councilmember Laura stated that he will be supporting a resolution on tonight's agenda wherein the members of the Armed Forces are supported by the City Council, as well as an upcoming proposed resolution for a Wall of Honor to be established where photos of the men and women in the military will be displayed He also asked for an amendment to CR 521-02 that would extend the benefits to a two-year time period for involuntarily activated military personnel 34003 Regular Meeting of April 9, 2003 On a motion by Laura, seconded by Dolan, and unanimously adopted, it was CR 140-03 RESOLVED, that having considered a request from Councilmember Laura requesting to extend benefits to a two-year time period for involuntarily activated military personnel, the Council does hereby approve this request and Council Resolution 521-02 is hereby amended to read as follows RESOLVED, that having considered a communication from the Human Resources Director, dated December 12, 2001, transmitting a resolution adopted by the Civil Service Commission at its regular meeting of December 6, 2001, recommending continuing compensation for City employees when involuntarily extended on active military duty beyond one (1) year, the Council does hereby concur in the recommendation of the Civil Service Commission and does hereby approve the continuation of the specific salary supplements and benefits stipulated as follows Continued during military leave. Base salary supplement for up to two (2) years, Retirement contribution (City and Employee); hospitalization/medical insurance (COBRA), Optical and dental for spouse and dependent children up to age 19 for up to two (2) years, Special payments including Merit Compensation, Paramedic or EMT bonus, Education premium for Associate and/or Bachelor degrees for up to two (2) years; and accrual of Sick Leave During Absence Discontinued during military leave. Holiday Pay; Food Allowance, Gun Allowance, Clothing and/or Cleaning Allowance, Act 604 Overtime, Weekly Disability Income benefits, Group Life Insurance and Accidental Death and Dismemberment Insurance benefits, Longevity Pay (prorated in year activating and/or returning from military service), Personal Business Leave, Accrual of Vacation Leave During Absence, Bonus Sick Leave and Vacation Leave (prorated in year activating and/or returning from military service) A communication from the Department of Finance, dated March 20, 2003, re forwarding various financial statements of the City of Livonia for the month ending February 28, 2003, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Vandersloot, it was 34004 Regular Meeting of April 9, 2003 CR 141-03 RESOLVED, that having considered a letter from Jeff Woodruff, Bottle Drive Chairman for Cub Scout Pack 750, dated March 19, 2003, which requests permission to display twelve (12) signs announcing their Annual Bottle Drive to be held on Saturday, June 7, 2003, which signs are to be 24" x 20" in size and which will be displayed from Saturday, May 31, 2003, through Saturday, June 7, 2003, at various City locations, the Council does hereby grant and approve this request in the manner and form herein submitted CR 142-03 RESOLVED, that having considered a letter from Jennifer Christensen, on behalf of St. Edith's Church, received in the Office of the City Clerk on March 24, 2003, which requests permission to display 14" x 23" signs at various locations in the city, and a 2' x3' sign in front of the church announcing St. Edith's Mom-to-Mom sale to be conducted on Saturday, April 26, 2003, which signs are to be installed no earlier than Saturday, April 19, 2003, and removed no later than Saturday, April 26, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 143-03 RESOLVED, that having considered a letter from the President of Hearts of Livonia, dated January 14, 2003, the Council does hereby determine as follows That Hearts of Livonia is a worthy non-profit charity in the community; 2 That the City of Livonia shall be one of the co-sponsors of the 2003 Golf Day Benefit, 3 That Hearts of Livonia is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Courses on Wednesday, August 20, 2003, for the 26th annual golf outing, and 4 That Hearts of Livonia is hereby granted approval to display banners on Five Mile and Farmington Roads from August 4, 2003, through August 23, 2003, at no additional cost to Hearts of Livonia, which signs shall be removed by August 23, 2003 CR 144-03 RESOLVED, that having considered a communication from the City Assessor, dated March 21, 2003, approved for submission by the Mayor, with regard to a request from Eric and Kelly Kovacs, 34170 Orangelawn, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos 46-129-01-0158-000 34005 Regular Meeting of April 9, 2003 and 46-129-01-0159-000 into two parcels, the legal descriptions of which shall read as follows PARCEL A The South 300 00 feet of Lot 159, "Supervisor's Livonia Plat No 2" of the S 5/8 of the N E 1/4 and the E 1/2 of the N 3/8 of the N E 1/4 of Sec. 33 , T IS , R.9E., Livonia Twp (Now City of Livonia), Wayne Co , Michigan Containing 19,800 sq ft. or 0 45 acres Subject to easements of record Liber 66, Page 1 of Wayne County Records PARCEL B Lot 159 except the South 300 00 feet thereof & all of Lot 158, "Supervisor's Livonia Plat No 2" of the S 5/8 of the N E 1/4 and the E 1/2 of the N 3/8 of the N E 1/4 of Sec 33, T IS , R. 9E Livonia Twp (Now City of Livonia). Wayne Co , Michigan Containing 65,880 79 sq ft. or 1 51 acres Subject to easements of record Liber 66, Page 1 of Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds CR 145-03 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Allie Brothers, Inc , 20295 Middlebelt Road, Livonia, Michigan 48152, for supplying the Division of Police with police uniforms for the unit prices submitted on March 6, 2003, for a total estimated price of $64,411 00, which unit prices shall remain in effect from April 4, 2003 through April 3, 2005, said estimated cost and unit prices having been in fact the lowest bid received for this item The Plymouth Road Development Authority (PRDA) 2002 Annual Report, dated March 12, 2003, submitted by Michael T Slater, Treasurer, for the fiscal year December 1, 2001 through November 30, 2002, was received and placed on file for the information of the Council CR 146-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 24, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept 34006 Regular Meeting of April 9, 2003 the bid of Coca-Cola Enterprises Inc , 100 Coca-Cola Drive, Belleville, Michigan 48111, for supplying the Parks and Recreation Department with beverage vending machines at the Livonia Community Recreation Center for a three-year term commencing on April 1, 2003 through March 31, 2006, with Coca-Cola to pay the City 40% of their revenue and $10,000 00 as additional compensation per year for the term of the Agreement, as well as providing free service to the machines, the same having been the most advantageous bid received by the City for this item; FURTHER, the Council does hereby accept the bid of Days Vending, 31530 Grennada, Livonia, Michigan 48154, for supplying the Parks and Recreation Department with snack vending machines at the Livonia Community Recreation Center for a three-year term commencing on April 1, 2003 through March 31, 2006, with Days Vending to pay the City 30% of their revenue, as well as providing free service to the machines, the same having been the most advantageous bid received by the City for this item, the cost of which snacks to be categorized into three specific areas, chips $0 85, pastry $0 90 and candy $0 75, and the Mayor and City Clerk are hereby authorized to execute an Agreement for and on behalf of the City of Livonia with the aforesaid bidders, subject to 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 147-03 RESOLVED, that having considered the report and L. recommendation of the Superintendent of Parks and Recreation, dated March 24, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution #2636-03, adopted on March 24, 2003, regarding proposed greens fees for City-owned golf courses for the 2003 season, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and the following greens fees for 2003 are hereby established INCR/(DECR) 2003 RATE FROM 2002 WEEKDAY Resident Before 3 00 pm 9 holes $12 00 $(1 50) After 3-00 pm 9 holes 14 00 0 50 Mon-Thurs. anytime 18 holes 17 75 (0 75) Friday anytime 18 holes 20 00 1 50 Non-resident Before 3-00 pm 9 holes 16 00 (1 50) After 3 00 pm 9 holes 18 00 0 50 Mon-Thurs anytime 18 holes 18 holes 23 75 26 00 (1 25) Friday anytime 1 00 Junior/Senior Resident M-Th all 3 Courses before 2 pm 9 holes 6 50 0 25 34007 Regular Meeting of April 9, 2003 L Friday Idyl Wyld only before 2 pm 9 holes 6 50 0.25 M-Th all 3 Courses before 2 pm 18 holes 11 50 1 00 Friday Idyl Wyld only before 2 pm 18 holes 11 50 1 00 Junior/Senior Non-Resident M-Th all 3 Courses before 2 pm 9 holes 13 00 N/A Friday Idyl Wyld only before 2 pm 9 holes 13 00 N/A M-Th all 3 Courses before 2 pm 18 holes 18 00 N/A Friday Idyl Wyld only before 2 pm 18 holes 18 00 N/A Twilight - Resident 9 00 1 00 Twilight - Non-resident 13 00 1 50 Winter Rate 9 holes 10 00 0 75 18 holes 15 00 5 75 INCRI(DECR) 2003 RATE FROM 2002 WEEKEND Resident Before 5.00 pm 9 holes $15 00 $(0 50) After 5.00 pm 9 holes 12 00 (3 50) After 7 am and before 1 pm 18 holes 22 00 0 50 Before 7 am and after 1 pm 18 holes 17 75 (3 75) L Non-resident Before 5.00 pm 9 holes 19 00 0 00 After 5 00 pm 9 holes 16 00 (3 00) After 7 am and before 1 pm 18 holes 28 00 1 00 Before 7 am and after 1 pm 18 holes 23 75 (3.25) Junior/Senior Resident All 3 Courses after 3 pm 9 holes 8 50 N/A All 3 Courses after 3 pm 18 holes 15 50 N/A Junior/Senior Non-Resident All 3 Courses after 3 pm 9 holes 15 00 N/A All 3 Courses after 3 pm 18 holes 22 00 N/A Twilight - Resident 9 00 1 00 Twilight - Non-resident 13 00 1 50 LEAGUE PLAY Before 3 pm 9 holes 13 00 (3 00) Fox & WW after 3 pm 9 holes 17 50 1 50 Idyl Wyld after 3 pm 9 holes 17 00 1 00 Before 3 pm 18 holes 18 00 N/A OUTINGS Mon - Thurs Fox & WW 9 holes 17 00 1 00 Mon - Thurs Idyl Wyld 9 holes 15 00 (1 00) L Mon - Thurs Fox &WW 18 holes 25 00 2 00 Mon - Thurs Idyl Wyld 18 holes 18 00 (5 00) Friday Fox & WW 9 holes 17 00 1 00 Friday Idyl Wyld 9 holes 15 00 (1 00) 34008 Regular Meeting of April 9, 2003 Friday Fox & WW Friday Idyl Wyld 18 holes 18 00 (5 00) Sat/Sun/Holiday Fox & WW 9 holes 19 00 0 50 Sat/Sun/Holiday Idyl Wyld 18 holes 9 holes 25 00 2 00 15 00 (3 50) Sat/Sun/Holiday Fox & WW 18 holes 27 00 2 00 Sat/Sun/Holiday Idyl Wyld 18 holes 18 00 (7 00) CR 148-03 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated March 19, 2003, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution No 452-00 so as to have the same read as follows. RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated May 10, 2000, submitted pursuant to Council Resolution 932-98, and a communication from the Director of Public Works, dated May 5, 2000, approved by the City Attorney and approved for submission by the Mayor, regarding the solid waste/recycling contract between the City of Livonia and Waste Management of Michigan, Inc., the Council does hereby accept the proposal of Waste Management of Michigan, Inc , 19200 West Eight Mile Road, Southfield, Michigan 48075, to perform solid waste collection, disposal recycling and related services for the City of Livonia for a four-year and eight month period commencing April 1, 2000, through November 30, 2004, in the amount of $23,614,488 54, FURTHER, the wording "tight-fitting covers" shall be deleted from the contract; FURTHER, a date and time specified by the Director of Public Works in relation to the Hazardous Waste Day shall be included in the contract; FURTHER, Waste Management of Michigan, Inc., shall not be required to conduct a Household Hazardous Waste Program for the years 2002 and 2003, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 149-03 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated March 19, 2003, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to which is attached a Household Hazardous Waste Collection Event Standard Contract between the City of Livonia and The Environmental Quality Company to provide services for 34009 Regular Meeting of April 9, 2003 the 2003 Household Hazardous Waste Collection Program that will allow the City of Livonia and Northville/Northville Township to conduct joint collection events for their residents, the Council does hereby determine as follows • To authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract with The Environmental Quality Company, 1010 Rawsonville, Ypsilanti, Michigan 48198, to provide services for the 2003 Household Hazardous Waste Collection Program in an amount not to exceed $75,000 00 from funds already budgeted in Account No 205-527-818-035 (Municipal Refuse Fund) for this purpose, • To waive the formal bidding process in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, since no advantage to the City would result from competitive bidding, and • To authorize payment to the City of Northville, 215 West Main Street, Northville, Michigan 48167-1540, in an amount not to exceed $20,000 00 for Livonia residents' use of the Northville/Northville Township September 20, 2003 Household Hazardous Waste Drop-Off event, from funds already budgeted in Account No 205-527-818-035 (Municipal Refuse Fund), based upon the price of $31 00 per vehicle for Livonia residents using the Northville site CR 150-03 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated March 20, 2003, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, regarding the West Nile Virus Program and Catch Basin Larvicide Treatment, the Council does hereby accept the quote of Clarke Mosquito Control Products, Inc , 159 Garden Avenue, Roselle, Illinois 60172 to supply the Department of Public Works with fifty (50) cases of Altosid XR Briquets - 150 Day Release for the total amount of $29,326 50, and to allow the City to purchase fourteen (14) additional cases of Altosid XR Briquets - 150 Day Release for the total amount of $8,211 42 at a later date to replace briquets where additional treatment may be necessary, the same to be expended from funds already budgeted in Account No 205-526-805-010 (Municipal Refuse Fund) for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended 34010 Regular Meeting of April 9, 2003 CR 151-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 17, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Greener Still, Inc , 14999 Kinloch, Redford, Michigan 48239, for completing all work required in connection with the City's 2003 Tree and Stump Removal Program for an estimated total cost not to exceed $125,205 00, 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 the amount of $125,205 00 from funds already budgeted in Account No 205- 527-818-045 (Municipal Refuse 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 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 152-03 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated March 18, 2003, 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 Great Lakes Sanitation, P 0 Box 631, Eastpointe, Michigan 48021, to provide portable toilet service for the seasonal use placements and the special events for 2003 for the total cost of $31,983 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, in the event the aforesaid low bidder is unable to furnish the services or services are unacceptable, the Council does hereby accept the second lowest bid, which also meets specifications, of M & M Sons, 20091 Hamburg, Detroit, Michigan 48205, for the total cost of $32,560 00 CR 153-03 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 14, 2003, 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 an Agreement between the City of Livonia and Nagle Paving Company, whereby Nagle Paving will accept recyclable paving materials generated from the City's street reconstruction and rehabilitation projects, and Nagle Paving will pay the City $1 00 per trucking yard of concrete and $1 00 per ton of milled asphalt delivered to their facility, with the City being paid on a monthly basis, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the Agreement in the manner and form herein submitted, subject to approval 34011 Regular Meeting of April 9, 2003 as to form by the Department of Law, as well as to do all things necessary or incidental to the full performance of this resolution CR 154-03 RESOLVED, that having considered a communication from the City Engineer, dated March 13, 2003, which is approved by the Director of Public Works and is approved for submission by the Mayor, to which are attached lists of sidewalks requiring installation or replacement within miscellaneous locations throughout the City of Livonia, in connection with the proposed 2003 Sidewalk Repair Program, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install or to remove and replace sidewalk at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 2003, after which date the Engineering Division shall arrange for the construction and/or reconstruction of said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility CR 155-03 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 20, 2003, 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 the 2003 Livonia Paving Program - Contract 03-M (Asphalt) on various asphalt streets throughout the City of Livonia based on the Pavement Management Study, for the estimated total cost of $1,484,413 25, 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, and the Council does hereby authorize an expenditure in an amount not to exceed $1,484,413 25 from funds already budgeted in the Road, Sidewalk and Tree Fund - Contractual Services Reconstruction (Account No 204-463-818-110) and the Road, Sidewalk, and Tree Fund - Contractual Services Rehabilitation (Account No 204-463-818-112) 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 34012 Regular Meeting of April 9, 2003 aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 156-03 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated February 27, 2003, which transmits its resolution 02-27-2003 adopted on February 25, 2003, with regard to Petition 2003-02-GB-01 submitted by Manns- Ferguson Funeral Home, requesting 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 17000 Middlebelt Road in the Northwest 1/4 of Section 13, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-02-GB-01 is hereby approved and granted, subject to the following conditions 1 That the 30 ft. wide landscaped greenbelt along the east property line, as shown on the plan received by the Planning Commission on January 29, 2003, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 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, 3 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated February 7, 2003 • That the funeral home's entire parking lot shall be repaired, resealed and double striped, • That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, • That the 5th pine tree, as shown on the approved plan, shall be replanted and re-established, and • That the southern most spruce shall be examined, and if need be, relocated to survive and be effective CR 157-03 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated March 20, 2003, which transmits its resolution 03-41-2003 adopted on March 11, 2003, with regard to a request from William Roskelly, on behalf of Rosati Industrial Park, to revise the conditions of approval previously granted by 34013 Regular Meeting of April 9, 2003 Council Resolution 228-02 on April 24, 2002, for the Rosati Industrial Park located on the west side of Stark Road between Schoolcraft and Plymouth Roads in the South 1/2 of Section 28, the Council does hereby approve the revised Preliminary Plat in connection with Petition 2001-05-PL-01, subject to the following conditions 1 That this application to modify condition #13 of Council Resolution 228-02 requesting to delete the sidewalk along the south side of the industrial drive from Stark Road west to the residential Lot 1 is hereby approved, 2 That because of the type of vehicular traffic that will be using the industrial drive, it would be unsafe for pedestrians to walk next to the roadway; 3 That the proposed change will allow for a direct route between this subdivision and the existing residential subdivision to the south, and 4 This modification will help discourage children from riding their bikes or walking along the industrial drive A communication from Keith and Terri Lemmon, dated March 31, 2003, re their concerns for safety of children and homes in the Alden Village Subdivision during the construction of "Pastana Villa" Subdivision by Rosati Land Development, LLC, on the west side of Stark Road between Beacon Road and the CSX Railroad, was received and placed on file for the information of the Council (Petition 2003-01-PL-01) CR 158-03 RESOLVED, that having considered a communication from the City Planning Commission, dated March 20, 2003, which transmits its resolution 03-39-2003, adopted on March 11, 2003, with regard to Petition 2003-01-PL-01 in connection with the proposed preliminary plat of Pastana Villa to be located on the west side of Stark Road between Beacon Road and the CSX Railroad in the Southwest 1/4 of Section 28, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on March 11, 2003, the Council does hereby approve of the said Preliminary Plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements, and with the additional 34014 Regular Meeting of April 9, 2003 condition that the sidewalk to Alden Village Subdivision shall be for pedestrian/bicycle use only and shall have a post placed in the middle of the sidewalk on the north and south ends and this sidewalk shall be no more than five feet wide and these conditions shall be included in the recorded subdivision restrictions CR 159-03 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, May 28, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2003-01-01-04, submitted by Pastor Mark Freer, on behalf of Open Door Christian Church, for a change of zoning of property located on the west side of Middlebelt Road between Munger Avenue and Six Mile Road (16751 Middlebelt Road) in the Northeast 1/4 of Section 14, from OS to RUF, the City Planning Commission in its resolution 03-33-2003 having recommended to the City Council that Petition 2003-01-01-04 be approved, (2) Petition 2003-01-01-05, submitted by Ronald Parz, on behalf of K P Builders, for a change of zoning of property located on the north side of Joy Road between Wayne Road and Harvey Avenue (35300 Joy Road) in the Southwest 1/4 of Section 33, from RUF to R-1, the City Planning Commission in its resolution 03-34-2003 having recommended to the City Council that Petition 2003-01-01- 05 be denied, (3) Petition 2003-02-01-07, submitted by Leo Soave for a change of zoning of property located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive (32415 and 32421 Seven Mile Road) in the Northwest 1/4 of Section 10, from RUFC to R-3, the City Planning Commission in its resolution 03-35- 2003 having recommended to the City Council that Petition 2003- 02-01-07 be approved, and (4) Petition 2003-02-01-08, submitted by Alan Tanski, on behalf of New Car Alternative, Inc , for a change of zoning of property located on the south side of Plymouth Road between Laurel Avenue and Wayne Road in the Northwest 1/4 of Section 33, from C-1 to C-2, the City Planning Commission in its resolution 03-36-2003 having recommended to the City Council that Petition 2003-02-01-08 be approved, 34015 Regular Meeting of April 9, 2003 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and Engebretson NAYS None On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 160-03 WHEREAS, many Livonia residents have been called to serve the United States in operation Iraqi Freedom, WHEREAS, Livonia is the proud home of the General Custer Reserve Center, Headquarters of the 1st Brigade 84th Division, U S Army; WHEREAS, Members of the Army, Navy, Air Force, Marines, and Coast Guard have left behind spouses, children, brothers, sisters, mothers, fathers, and friends to wait, worry, and wonder whether they will be put in harm's way; WHEREAS, We recognize and appreciate the selflessness and dedication of our full time and reserve forces serving the cause of freedom in America and throughout the world, and WHEREAS, The thoughts and prayers of a grateful community are with the brave men and women serving in the Army, Navy, Air Force, Marines, and Coast Guard, as well as their families, NOW, THEREFORE BE IT RESOLVED, that the people of Livonia, Michigan, acting through their Mayor and City Council do hereby express 34016 Regular Meeting of April 9, 2003 their gratitude and support for the members of the United States Armed Forces and their families, and, BE IT FURTHER RESOLVED, that copies of this resolution be transmitted to the Army, Navy, Air Force, Marines, and Coast Guard so that they may know of our thoughts and prayers for their safe and swift return home Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 21 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 2002-10-01-15) 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 A communication from Peter A. Basile Sons, Inc., 13000 Newburgh Road, P 0 Box 532530, Livonia, 48153, dated April 2, 2003, re scheduled clean out of a catch basin at 7/11 store on April 3, 2003, Plymouth Streetscape Phase V, was received and placed on file for the information of the Council (2003 Livonia Paving Program, Contract 03-L [Concrete]). On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 161-03 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 21, 2003, 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 Peter A. Basile Sons, Inc., 13000 Newburgh Road, Livonia, Michigan 48150 for the 2003 Livonia Paving Program - Contract 03-L (Concrete) on various concrete streets throughout the City of Livonia based on the Pavement Management Study, for the estimated 34017 Regular Meeting of April 9, 2003 total cost of $1,496,945 24, 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, and the Council does hereby authorize an expenditure in an amount not to exceed $1,496,945.24 from funds already budgeted in the Road, Sidewalk and Tree Fund - Contractual Services Reconstruction (Account No 204-463-818-110) and the Road, Sidewalk, and Tree Fund - Contractual Services Rehabilitation (Account No 204-463-818-112) 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 A communication from the Planning Department, dated April 4, 2003, re the number of multiple-tenant commercial shopping centers that have more than 1 Class C licensed business, and the result being two (Newburgh Plaza and Laurel Park Mall), was received and placed on file for the information of the Council (Petition 2003- 02-02-01) On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was. CR 162-03 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 2003, which transmits its resolution 03-38-2003, adopted on March 11, 2003, with regard to Petition 2003-02-02-01, submitted by Kui Sin Yim, on behalf of the Buffet Group, Inc., requesting waiver use approval to utilize a Class C Liquor License in connection with a full service restaurant operating within an existing building on property located on the south side of Five Mile Road between Middlebelt Road and Beatrice Avenue in the Northeast 1/4 of Section 23, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-02-02-01 is hereby approved and granted, subject to the following conditions That the following issues as outlined in the correspondence dated February 7, 2003, from the Inspection Department shall be rectified to that department's satisfaction 34018 Regular Meeting of April 9, 2003 a) That the dumpster enclosure directly behind (west of) the subject restaurant shall be rebuilt, after obtaining a building permit, of brick or reinforced poured concrete walls with simulated brick pattern and with wood or metal enclosure gates which shall be properly maintained and, when not in use, closed at all times, b) That the rear wall of the adjacent tenant space shall be completed, c) That the debris at the northwest end of the building shall be removed from the site, d) That the parking lot shall be repaired and re-double striped, including the provision of properly sized, signed and striped accessible parking spaces, 2 That all other conditions and requirements set forth in Council Resolution #744-01 granting waiver use approval for the subject restaurant shall remain in effect and shall be adhered to, except for any conditions which may be superceded by this approval, and 3 That the area at the restaurant where alcoholic beverages are permitted to be served and consumed shall be limited to the current seating and dining area as provided for on the approved Floor Plan on file with the Inspection Department. FURTHER, the Council does hereby waive the 1,000 foot separation requirement as set forth in Section 11 03(h) of Zoning Ordinance 543 On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 163-03 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 2 12 acres of property located at 35300 Glendale Avenue, 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 87", and WHEREAS, written notice has been given by certified mail to 4M Industries, Inc , of the Council's pending action on this resolution and of its 34019 Regular Meeting of April 9, 2003 right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 87, 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 87, and WHEREAS, on March 19, 2003, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 87, at which time 4M Industries, Inc. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of 4M Industries, Inc., attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 87 " EXHIBIT A Lot 4 of the Cureter Industrial Subdivision, T 1S , R.9E , City of Livonia, Wayne County, Michigan as recorded in Liber 99, Pages 18 to 20 of the Wayne County Records Sidwell No 46-110-06-0004-000 A communication from the Charter Township of Northville, dated March 20, 2003, re review and observations made by their planning consultant and traffic engineering consultant of the traffic study for the proposed College Park Development by Schoolcraft Commons, LLC, on Haggerty Road, north of Six Mile Road, was received and placed on file for the information of the Council (Petition 2002-10-01-13) Table 1 and Table 1 (a), prepared by Parsons Transportation Group and distributed at the Public Hearing of March 19, 2003, received in the Office of the City 34020 Regular Meeting of April 9, 2003 Clerk on March 25, 2003, re the projected peak-hour site generated trips based on office park and individual uses, was received and placed on file for the information of the Council (Petition 2002-10-01-13) On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was CR 164-03 RESOLVED, that having considered a communication from the City Planning Commission, dated January 16, 2003, which sets forth its resolution 01-10-2003 adopted on January 14, 2003, with regard to Petition 2002-10-01-13, submitted by Schoolcraft Commons, LLC, and Schoolcraft College for a change of zoning of property located on the east side of Haggerty Road between Six Mile and Seven Mile Roads in the Southwest 1/4 of Section 7, from PL and R-5C to C-2, OS, PO and PO-Il, and the Council having conducted a public hearing with regard to this matter on March 24, 2003, pursuant to Council Resolution 48-03, the Council does hereby approve Petition 2002-10-01-13 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Dolan, seconded by Laura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated January 16, 2003, which sets forth its resolution 01-01-2003 adopted on January 14, 2003, with regard to Petition 2002-11-01-17, submitted by Brian Peters for a change of zoning of property located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on March 24, 2003, pursuant to Council Resolution 48-03, the Council does hereby approve Petition 2002-11-01-17 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Taylor, seconded by Brosnan, it was 34021 Regular Meeting of April 9, 2003 RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated January 16, 2003, which sets forth its resolution 01-01-2003 adopted on January 14, 2003, with regard to Petition 2002-11-01-17, submitted by Brian Peters for a change of zoning of property located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on March 24, 2003, pursuant to Council Resolution 48-03, the Council does hereby determine to refer the subject matter to the Committee of the Whole for a report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and Engebretson NAYS None The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution proposed by Taylor, seconded by Brosnan, as follows CR 165-03 RESOLVED, that having considered a communication from the City Planning Commission, dated January 16, 2003, which sets forth its resolution 01-01-2003 adopted on January 14, 2003, with regard to Petition 2002-11-01-17, submitted by Brian Peters for a change of zoning of property located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on March 24, 2003, pursuant to Council Resolution 48-03, the Council does hereby determine to refer the subject matter to the Committee of the Whole for a report and recommendation with the following result: AYES Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and Engebretson NAYS None On a motion by Brosnan, seconded by Taylor, and unanimously adopted, 34022 Regular Meeting of April 9, 2003 it was CR 166-03 RESOLVED, that having considered a communication from the City Planning Commission, dated January 16, 2003, which sets forth its resolution 01-07-2003 adopted on January 14, 2003, with regard to Petition 2002-12-02-26, submitted by Roger E DeHoek, on behalf of Meijer, Inc., requesting waiver use approval to construct a gasoline station at 13000 Middlebelt Road, located on the east side of Middlebelt Road between Schoolcraft Road and the C & 0 Railroad in the Northwest 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 24, 2003, pursuant to Council Resolution 49-03, the Council does hereby determine to take no further action with regard to this matter since the petitioner has formally withdrawn its request by letter dated March 19, 2003 On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 167-03 RESOLVED, that having considered a letter from Carl V Creighton, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, on behalf of the Livonia Hockey Association, dated March 26, 2003, the Council does hereby take this means to indicate that the Livonia Hockey Association is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording the Livonia Hockey Association an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, this 1,486th Regular Meeting of the Council of the City of Livonia was adjourned at 8 39 p m , April 9, 2003 97a112- 746 &11( 1) *roan McCotter, City Clerk