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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-04-27 39096 MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRTY-FIFTH REGULAR MEETING OF APRIL 27, 2005 On April 27, 2005, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember McCann led the Council in the recitation of the Pledge of Allegiance Roll was called with the following result. James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes and Gerald Taylor Absent: Terry Godfroid-Marecki, conducting City business in another capacity 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, Linda McCann, Director of Community Resources, Karen Kapchonick, Superintendent of Parks and Recreation, Alan Brandemihl, Fire Chief and Capt. Cramb, Livonia Police Department. On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 172-05 RESOLVED, that the minutes of the 1,534th Regular Meeting of the Council held April 13, 2005 are hereby approved as submitted During the audience communication portion of the agenda, Don Sedestrom, 37637 Sherwood Court, Livonia, spoke to the Council about the need for a Headlee Amendment Override Proposal to be placed on the ballot by the City Council members to allow City of Livonia residents the opportunity to vote on this matter Wayne County Commissioner Laura Cox was present at the meeting She took this opportunity to introduce herself and presented the Clean Air regulations that will be going into effect in June in Wayne County She also announced that the Detroit Super Bowl XL Host Committee is looking for 8000 volunteers to help bring about a successful event. On a motion by Kokenakes, seconded by Knapp, it was 39097 Regular Meeting of April 27, 2005 CR 173-05 RESOLVED, that having considered a letter from Marge Riker, Elder of St Timothy Presbyterian Church, dated April 8, 2005, which requests permission to display four signs announcing the St. Timothy Presbyterian Church yard sale to be conducted on Saturday, May 7, 2005, which signs are to be 18"x 24" in size and which will be displayed in front of the church no earlier than Saturday, April 30, 2005, and removed no later than Saturday, May 7, 2005, (and in the case of inclement weather, the sale will be held on Saturday, May 14, 2005, with the signs being displayed from May 7, 2005 through May 14, 2005), the Council does hereby grant and approve this request in the manner and form herein submitted CR 174-05 RESOLVED, that having considered a letter from Roz Blanck, T H E Friends of Literacy, dated March 28, 2005, which requests permission to place signs at various intersections in the City of Livonia to advertise their annual used book and media sale (Bookstock) at Laurel Park Place scheduled for Sunday, May 15, 2005 through Sunday, May 22, 2005, which signs shall be approximately 18" x 24" in size and shall be displayed no earlier than May 9, 2005, and removed no later than May 24, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 175-05 RESOLVED, that having considered a letter from Lawrence M Schultz, 32716 Scone, Livonia, Michigan 48154, received in the Office of the City Clerk on March 29, 2005, requesting a waiver of the sidewalk requirement in front of a new home to be constructed at 19521 Fitzgerald, located north of Seven Mile and east of Newburgh Roads in the Southwest 1/4 of Section 5, and having further considered the report and recommendation of the City Engineer, dated April 4, 2005, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date CR 176-05 RESOLVED, that having considered a letter from Tracey Crawford, 40545 Coachwood Circle, Northville, MI 48167, and Terry and Linda Crawford, co-owners of 19467 Fitzgerald, received in the Office of the City Clerk on April 5, 2005, requesting a waiver of the sidewalk requirement in front of a new home to be constructed at 19467 Fitzgerald, located north of Seven Mile and east of Newburgh Roads in the Southwest 1/4 of Section 5, and having further considered the report and recommendation of the City Engineer, dated April 11, 2005, approved for 39098 Regular Meeting of April 27, 2005 submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date A communication from Dorothy Robbins, 33008 Grennada, received in the Office of the City Clerk on April 25, 2005, re her support for the adoption of a "dog leash law" in the City of Livonia, was received and placed on file for the information of the Council A communication from the Inspection Department, received in the Office of the City Clerk on April 20, 2005, re an Inspection letter previously sent to Council, dated February 21 , 1996, relative to banning pets in City Parks, was received and placed on file for the information of the Council CR 177-05 RESOLVED, that having considered a letter from Sarah T Burns, 18288 Norwich, Livonia, Michigan 48152, dated April 8, 2005, requesting to amend the Livonia Code of Ordinances to add a "dog leash law" to insure that dogs are under the control of their owners and to prevent possible tragedies, the Council does hereby refer this item to the Legislative Committee for its report and recommendation CR 178-05 RESOLVED, that having considered a communication from the City Assessor, dated March 31, 2005, approved for submission by the Mayor, with regard to a request from Leo Soave of 20592 Chestnut Circle, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed combination and division of Tax Item Nos 46-013-99-0017-000, 46-013-99-0018-000 and 46-013-99-0019-000 into nine (9) parcels, the legal description(s) of which shall read as follows PARCEL A Part of the Northeast 1/4 of Section 4, T1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point on the East line of said Section 4, distant South 00 degrees 03 minutes 10 seconds West 1650 00 feet from the Northeast corner of said 39099 Regular Meeting of April 27, 2005 Section 4, and proceeding thence South 00 degrees 03 minutes 10 seconds West 66 00 feet; thence South 89 degrees 41 minutes 43 seconds West 479 32 feet, thence North 00 degrees 02 minutes 36 seconds East 66 00 feet; thence North 89 degrees 41 minutes 43 seconds East 479 33 feet to the Point of Beginning Containing 0 73 acres, except the East 60 00 feet thereof PARCEL B Part of the Northeast 1/4 of Section 4, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant South 00 degrees 03 minutes 10 seconds West 1650 00 feet and South 89 degrees 41 minutes 43 seconds West 479 33 feet from the Northeast corner of said Section 4, and proceeding thence South 00 degrees 02 minutes 36 seconds West 66 00 feet, thence South 89 degrees 41 minutes 43 seconds West 50 00 feet, thence North 00 degrees 02 minutes 36 seconds East 66 00 feet; thence North 89 degrees 41 minutes 43 seconds East 50 00 feet to the Point of Beginning Containing 0 07 acres (Irving Road Right-of-Way) PARCEL C & G COMBINED Part of the Northeast 1/4 of Section 4, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point, distant South 00 degrees 03 minutes 10 seconds West 1650 00 feet and South 89 degrees 41 minutes 43 seconds West 529 33 feet from the Northeast corner of said Section 4, and proceeding thence South 00 degrees 02 minutes 36 seconds West 99 00 feet; thence South 89 degrees 41 minutes 43 seconds West 130 84 feet; thence North 00 degrees 02 minutes 36 seconds East 99 00 feet; thence North 89 degrees 41 minutes 43 seconds East 130 84 feet to the Point of Beginning Containing 0 30 acres PARCEL D Part of the Northeast 1/4 of Section 4, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point, on the East line of said Section 4, distant South 00 degrees 03 minutes 10 seconds West 1716 00 feet from the Northeast corner of said Section 4, and proceeding thence South 00 degrees 03 minutes 10 seconds West 66 00 feet; thence South 89 degrees 41 minutes 43 seconds West 359 31 feet; thence North 00 degrees 02 minutes 36 seconds East 66 00 feet; thence North 89 degrees 41 minutes 43 seconds East 359 32 feet to the Point of Beginning Containing 0 55 acres Except the East 60 00 feet thereof PARCEL E & K COMBINED Part of the Northeast 1/4 of Section 4, T 1S R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point, 39100 Regular Meeting of April 27, 2005 distant South 00 degrees 03 minutes 10 seconds West 1716 00 feet and South 89 degrees 41 minutes 43 seconds West 359 32 feet from the northeast corner of said Section 4, and proceeding thence South 00 degrees 02 minutes 36 seconds West 132 00 feet; thence South 89 degrees 41 minutes 43 seconds west 120 00 feet; thence North 00 degrees 02 minutes 36 seconds East 132 00 feet; thence North 89 degrees 41 minutes 43 seconds East 120 00 feet to the Point of Beginning Containing 0 36 acres. PARCEL F Part of the Northeast 1/4 of Section 4, T 1S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point, distant South 00 degrees 03 minutes 10 seconds West 1716 00 feet and South 89 degrees 41 minutes 43 seconds West 479 32 feet from the Northeast corner of Said Section 4, and proceeding thence South 00 degrees 02 minutes 36 seconds West 66 00 feet; thence South 89 degrees 41 minutes 43 seconds West 50 00 feet; thence North 00 degrees 02 minutes 36 seconds East 66 00 feet; thence North 89 degrees 41 minutes 43 seconds East 50 00 feet to the Point of Beginning Containing 0 07 acres (Irving Road Right-of-Way) PARCEL H & M COMBINED Part of the Northeast % of Section 4, T 1S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point, distant South 00 degrees 03 minutes 10 seconds West 1716 00 feet and South 89 degrees 41 minutes 43 seconds West 529 32 feet and South 00 degrees 02 minutes 36 seconds West 33 00 feet from the Northeast corner of said Section 4, and proceeding thence South 00 degrees 02 minutes 36 seconds West 99 00 feet; thence South 89 degrees 41 minutes 43 seconds West 130 84 feet; thence North 00 degrees 02 minutes 36 seconds East 99 00 feet, thence North 89 degrees 41 minutes 43 seconds East 130 84 feet to the Point of Beginning Containing 0 30 acres PARCEL J That part of the Northeast 1/4 of Section 4, T IS , R.9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point on the East line of said Section 4, distant South 00 degrees 03 minutes 10 seconds West 1782 00 feet, from the Northeast corner of said Section 4, and proceeding thence South 00 degrees 03 minutes 10 seconds West 66 00 feet, thence South 89 degrees 41 minutes 43 seconds West 359 30 feet, thence North 00 degrees 02 minutes 36 seconds East 66 00 feet; thence North 89 degrees 41 minutes 43 seconds East 359 31 feet, to the Point of Beginning Containing 0 55 acres Except the East 60 00 feet, thereof 39101 Regular Meeting of April 27, 2005 PARCEL L That part of the Northeast 1/4 of Section 4, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point on the East line of said Section 4, distant South 00 degrees 03 minutes 10 seconds West 1782 00 feet, and South 89 degrees 41 minutes 43 seconds West 479 31 feet from the Northeast corner of Said Section 4, and proceeding thence South 00 degrees 02 minutes 36 seconds West 66 00 feet, thence South 89 degrees 41 minutes 43 seconds West 55 00 feet; thence North 00 degrees 02 minutes 36 seconds East 66 00 feet; thence North 89 degrees 41 minutes 43 seconds East 55 00 feet, to the Point of Beginning Containing 0 07 acres (Irving Street Right-of-Way) 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 property division, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds CR 179-05 RESOLVED, that having considered a letter from Sylvia and John Gotsis, dated April 8, 2005, requesting approval of the transfer of the lease for the Golden Lantern Restaurant, 33251 Five Mile Road to a new owner, Minush Veliu, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation CR 180-05 RESOLVED, that having considered a letter from Lucian and Lucia Ene, 1920 Centennial Drive, Canton, Michigan 48187, dated March 30, 2005, requesting to withdraw Vacating Petition 2002-01-03-01, previously referred to the Planning Commission in Council Resolution 55- 02, the Council does hereby determine to take no further action with regard to this matter CR 181-05 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Director of Public Safety and the Mayor, in connection with the relocation of the Demark System rack (telephone wires) at the Police Department, which was previously approved by Council Resolution 264-01 on May 2, 2001, but Ameritech was unable to complete the work at that time, the Council does hereby accept the proposal submitted by SBC (formerly Ameritech), Customer Growth Group, 220 W Wisconsin Avenue, Second Floor, Waukesha, Wisconsin 53186, for relocating the Demark System rack within the Police Department building for the 39102 Regular Meeting of April 27, 2005 estimated total cost of $19,645 72, FURTHER, the Council does hereby authorize an expenditure in the amount of $19,645 72 from funds already budgeted in Account No 261-000-818-000 for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 182-05 RESOLVED, that having considered a communication from the Director of Finance, dated April 6, 2005, which is approved for submission by the Mayor, the Council does hereby authorize payment in the additional amount of $6,900 00 to be made to Plante & Moran, PLLC, 27400 Northwestern Highway, P 0 Box 307, Southfield, Michigan 48037- 0307, for additional audit time required to implement SAS 99 during the audit of the City's financial statements for the 2004 fiscal year; FURTHER, the Council does hereby authorize the expenditure in the amount of $6,900 00 previously budgeted in Account No 101-232-808-000 (Audit and Accounting Services Expense) for this purpose CR 183-05 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated April 6, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on March 23, 2005, wherein the Commission recommends approval of an Off-Site Administrative Agreement between the City of Livonia and Ameraplan to provide administrative services for the City's dental and optical programs due to staff reductions and the time- consuming nature of these services, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation CR 184-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc , 1050 N Opdyke Road, Auburn Hills, Michigan 48226, for supplying the Department of Parks and Recreation with one (1) Reelmaster 5200-D Fairway Mower for use at the Fox Creek Golf Course in the amount of $27,879 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 508-688-140-688 for this purpose CR 185-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept 39103 Regular Meeting of April 27, 2005 the bids of Fitness Things, Inc , 1160 W Ann Arbor Road, Plymouth, Michigan 48170, for supplying the Department of Parks and Recreation (Community Recreation Center) with four (4) ZTX 850 P Tru Treadmills (including a warranty of three (3) years parts and labor) for the total amount of $18,400 00, one (1) Concept II Rower in the amount of $840 00, and one (1) Cybex Dip/Chin Up Station in the amount of $2,650 00, the same having been in fact the lowest bids received which meet all specifications, FURTHER, the Council does hereby accept the bids of Life Fitness, 5100 N River Road, Schiller Park, Illinois 60176, for supplying the Department of Parks and Recreation with six (6) 95Xi Life Fitness Ellipticals for the total amount of $20,674 80, two (2) 95R1 Life Fitness Recumbent Bikes for the total amount of $3,855 00, and four (4) 95C I Life Fitness Upright Bikes for the total amount of $7,290 00, the same having been the lowest bids received which meet all specifications, FURTHER, the Council does hereby authorize the expenditure of the total sum of $53,709 80 from funds already budgeted in Account No 208-755- 971-000 for this purpose CR 186-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Professional Pool Techs, LLC, 3051 Thompson Road, Fenton, Michigan 48430, for supplying the Department of Parks and Recreation with two (2) Ultraviolet Systems (Hanovia Units) and installation of same at the Community Recreation Center Leisure and Spa Pools, in the amount of $76,600 00, the same having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize the expenditure of $57,000 00 from funds already budgeted in Account No 208-755-976-000 for this purpose, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $19,600 00 from the unexpended fund balance of the Community Recreation fund (208) to cover the remaining costs of these units, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 187-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc , 1050 N Opdyke Road, Auburn Hills, Michigan 48226, for supplying the Department of Parks and Recreation with three (3) Club Car Carry All Turf II XRTs (one for each of the three golf courses) at the unit price of $5,481 00, for a total price of $16,443 00, 39104 Regular Meeting of April 27, 2005 the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account Nos 508-686-140- 686 (Whispering Willows), 508-687-140-687 (Idyl Wyld) and 508-688-140- 688 (Fox Creek) for this purpose CR 188-05 RESOLVED, that having considered the report and recommendation of the Chairman of the Water and Sewer Board, dated March 22, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Water and Sewer Board resolution #WS 3573 03/05, the Council does hereby accept the bid of Thompson Pump Midwest, 9706 Andersonville Road, Clarkston, Michigan 48346, for supplying the Public Service Division (Water and Sewer Section) with one (1) 6-inch Trailer-Mounted Trash Pump (Thompson Model 6HT-DST-4-2011) for a total price of $17,900 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 592-559-140- 000 for this purpose CR 189-05 WHEREAS, in 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving up paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation for the last five years and desires to continue its tree-planting practices 39105 Regular Meeting of April 27, 2005 NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim Friday, May 6, 2005, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, we urge all citizens to plant trees to promote the well being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Nash Park adjacent to Roosevelt Elementary School at 2 30 p m on Friday, May 6, 2005 BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Jennifer Granholm, State Senator Laura M Toy, State Representative John Pastor, State Representative Andy Dillon, the Michigan Municipal League State and Federal Affairs Division, the Conference of Western Wayne and the Plymouth Road Development Authority CR 190-05 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant Superintendent of Public Service, dated April 4, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal dated March 21, 2005, submitted by Allie Brothers, inc , 20295 Middlebelt Road, Livonia, Michigan 48152, for supplying the Department of Public Works with employee uniforms at the unit prices bid in 2003 (previously approved in Council Resolution 230-03 on May 21, 2003) for the period July 1, 2005 through June 30, 2007, from funds available in the 2004-2005 approved budgets for the various sections of the Department of Public Works, FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 191-05 RESOLVED, that having considered a communication from the Director of Public Works, dated April 11, 2005, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, requesting approval of a Rouge River National Wet Weather Project Grant Agreement (Round VI - Part "B" - Project RVIB-15) between the City and Wayne County, which involves the creation of Rain Gardens or landscaped rainwater catchment areas in and around commercial parking lots, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreement between the City of Livonia and Wayne County for federal grant funding in an amount of $89,600 00, FURTHER, the Council does hereby 39106 Regular Meeting of April 27, 2005 appropriate and authorize an expenditure in the amount of $179,200 00 from the Water and Sewer Fund for project payments, with the participating business owners reimbursing the City 50% and the grant funding covering 50% of the project costs, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 192-05 RESOLVED, that Leo Soave Building, Inc , as proprietor, having requested the City Council approve the proposed Maple Woods Site Condominium Development in the Northwest 1/4 of Section 4 of the City of Livonia (hereafter the "Condominium"), and it further appearing that approval of the Site Plan for the Condominium was given by the City Planning Commission on June 15, 2004, and by the City Council on July 21, 2004, and it further appearing the such Site Plan, together with Development Plans and Specifications for Improvements have been examined and approved by the Department of Public Works as set forth in the report of that Department dated March 24, 2005, and the City Council having approved the Master Deed on July 21, 2004, in Council Resolution 347-04, therefore, the City Council does hereby establish the following requirements (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, and the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such Department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent 39107 Regular Meeting of April 27, 2005 required by the City of Livonia and as shown on the approved Development Plans, (5) That as a condition of obtaining final approval of the Master Deed prior to the completion of all required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts (a) General Improvement Bond ($10,000 00 minimum cash) (b) Sidewalk Bond ($ 5,000 00 minimum cash) (c) Grade & Soil Erosion Bond (all cash) (d) Landscape/Entrance Markers $25,000 00 ($ 5,000 00 minimum cash) and require cash payments in addition to the above amounts, in the total amount of $23,915 00, including a cash payment of $13,000 00 for an estimated contribution in aid for possible future street lighting within the development, such estimate to be adjusted and/or refunded as determined by the City Council, (6) That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and (7) That the distribution lines for telephones and electric service are to be placed underground and ornamental streetlights are to be provided throughout the Condominium in accordance with City ordinances CR 193-05 RESOLVED, that having 'considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 31, 2005, approved for submission by the Mayor, the Council does hereby authorize the release to Merriman Forest LLC, 19657 Ashley Court, Livonia, Michigan 48152, the proprietor of Merriman Forest Subdivision, located on the east side of Merriman Road between Seven Mile Road and Mayville Drive in the northwest 1/4 of Section 11, of the financial assurances previously deposited pursuant to Council Resolution 39108 Regular Meeting of April 27, 2005 620-99, adopted on August 30, 1999, and subsequently amended by Council Resolution 28-00, adopted on January 12, 2000, specifically. a) General Improvement Bond $ 3,300 00 ($1,000 00 minimum cash); b) Sidewalk Bond $22,000 00 ($5,000 00 in cash) c) Grading and Soil Erosion Bond $ 3,600 00(all cash); d) Landscape/Entrance Markers $ 7,500 00 ($3,000 00 in cash), and e) Monuments & Markers $ 1,105 00 (all cash); and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia CR 194-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 30, 2005, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Michigan Joint Sealing, Inc., 30301 Navin, Livonia, Michigan 48152, for completing all work required in connection with the 2005 Pavement Crack and Joint Sealing Program (Contract 05-D), Proposal "A" (Hot Poured Rubber) for the estimated cost of $102,800 00, and Proposal "B" (Over Band) for the estimated cost of $24,560 00, FURTHER, the Council does hereby authorize an expenditure in the estimated total amount of $127,360 00 ($112,060 00 from Account No 203-463-818-117 - Local Roads, and $15,300 00 from Account No 202-463-818-117 - Major Roads) from funds already budgeted for this purpose, FURTHER, the foregoing amounts are based upon the Engineering Division's estimate of units involved, and are subject to final payments based upon the actual units completed in accordance with the unit prices accepted herein, said estimated costs and unit prices having been in fact the lowest bids received for this item, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 195-05 RESOLVED, that having considered the .report and recommendation of the Director of Public Works and the City Engineer, dated March 23, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of R S Contracting, Inc , 16737 Thirteen Mile Road, Fraser, Michigan 48026, for completing all work required in connection with the 2005 Lane Line Marking Program (Contract 05-H) for the estimated total cost of $79,767 35, based on the Engineering Division's estimate of units involved, and subject to a final payment based 39109 Regular Meeting of April 27, 2005 upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest and only bid received and meets specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $79,767 35 from funds already budgeted in Account No 202-463-818-118 (Contractual Services Lane Line Marking) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 196-05 RESOLVED, that having considered the report and recommendation of the City Engineer (in the capacity as Street Administrator), dated April 4, 2005, which bears the signature of the Director of Finance, approved for submission by the Mayor, and submitted pursuant to Act 54 of the Public Acts of Michigan of 1999, as amended, with regard to the transfer of funds for the fiscal year ending November 30, 2005 from the Major Street System to the Local Street System, and having adequately maintained its major streets and following an asset management process, the Council does hereby authorize the transfer of a sum up to, but not to exceed $1,800,000 00 from those funds designated for use on the Major Street System to be used on the Local Street System (for major and local streets, refer to the lists provided to the Department of Transportation in the annual Act 51 Report), and the City Clerk and the Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution A roll call vote was taken on the foregoing resolutions with the following result. AYES McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor NAYS None The City of Livonia Audit Reports from Plante & Moran, received in the Office of the City Clerk on April 6, 2005, re General Purpose Financial Statements, • Federal Financial Assistance Programs and 16th District Court for the fiscal year ended November 30, 2004, was received and placed on file for the information of the Council Councilmember McCann gave first reading to the following Ordinance 39110 Regular Meeting of April 27, 2005 AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2004-12-01-17) 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 24 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2004-12-01-18) 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 Public Safety Director Kunst, dated April 20, 2005, re his concurrence that the City should sign the Memorandum of Understanding between the Wayne County Department of Public Health and the Community Resources Department/Livonia Senior Center which would establish an emergency clinic at the Senior Center for mass vaccinations, dispensing of pharmaceuticals, or other public health emergencies, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Meakin, and unanimously 39111 Regular Meeting of April 27, 2005 adopted, it was CR 197-05 RESOLVED, that having considered a communication from the Director of Community Resources, dated March 29, 2005, which bears the signatures of the City Attorney and Finance Director, and is approved for submission by the Mayor, requesting approval of the attached Memorandum of Understanding between the Wayne County Department of Public Health and the City of Livonia for the establishment of an emergency clinic and/or local dispensing site at the Livonia Senior Center for the Strategic National Stockpile (SNS), for mass vaccinations, dispensing of pharmaceuticals, or other public health emergency for a period of two years, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Memorandum of Understanding in the manner and form herein requested, 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 Fire Chief Brandemihl was present at the meeting to answer questions of the Council On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 198-05 RESOLVED, that having considered a letter from the Department of Law, dated April 6, 2005, the Council does hereby amend and revise Council Resolution 582-04 so as to read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated November 22, 2004, which transmits its resolution 11-147-2004, adopted on November 16, 2004, with regard to Petition 2004-10-02-33, submitted by Byblos General Contracting, requesting waiver use approval to demolish an existing gas station and replace it with a new gas station and carry-out restaurant with seating on property located at 36421 Plymouth Road, on the south side of Plymouth Road between Levan Road and Raleigh Avenue in the Northwest 1/4 of Section 32, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004- 10-02-33 is hereby approved and granted, subject to the following conditions 1 That the proposed Site Plan prepared by Byblos General Contracting, Inc , dated November 22, 2004, as revised, is hereby approved and shall be adhered to, 39112 Regular Meeting of April 27, 2005 2 That the Landscape Plan prepared by Byblos General Contracting, Inc , dated November 22, 2004, as revised, is hereby approved and shall be adhered to, with the modification that additional evergreens be added along the south property line, and the stipulation that the landscaping shown for the landscape area adjacent to the Plymouth Road right-of-way shall be in accordance with the Plymouth Road streetscape design plan formulated in connection with the PRDA Plymouth Road Beautification Project, and that the PRDA wall be extended approximately six to ten feet south of the Levan Road drive approach, subject to the approval of the Planning Director; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Building Elevations Plan prepared by Byblos General Contracting, Inc , dated November 16, 2004, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the building shall be full-face four-inch brick, no exceptions, 7 That the pump island canopy shall not exceed eighteen (18) feet in height, and the lights within the desk on the underside of the canopy shall be recessed in such a way that the intensity of the illumination is decreased, 8 That the support columns of the pump island canopy shall be covered with the same brick used in the construction of the building, 9 That all pole-mounted light fixtures shall be shielded and shall not exceed a maximum overall height of twenty (20) feet above grade, 10 That the three walls of the dumpster enclosure shall be constructed of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates, which shall be metal, shall be maintained and *bp when not in use closed at all times, 39113 Regular Meeting of April 27, 2005 11 That the maximum number of customer seats in the carry-out restaurant shall not exceed 12, 12 That no outdoor storage, placement or display of merchandise shall be permitted at any time on this site, 13 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 14 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 15 That the petitioner shall correct to the Inspection Department's satisfaction the following items as outlined in the correspondence dated October 28, 2004 • That the existing protective wall averages slightly less than five feet and will need to be raised to meet minimum standards, • • That the plan shall be adjusted to show nevi light poles and new bases, all properly directed and shielded, • That the existing concrete approach on Levan shall be repaired, • That handicapped parking shall be provided as required, 16 That this approval shall incorporate the following recommendations of the Traffic Bureau listed in the correspondence dated October 15, 2004 • Installation of "No Left Turn" sign at the easternmost driveway exiting to Plymouth Road, • Installation of height signs for the canopy over the gasoline pumps, 17 That all rooftop-mounted mechanical equipment shall be completely screened from view; 18 That all parking spaces within the site be double striped, 19 That "free air" be available at this facility; and 39114 Regular Meeting of April 27, 2005 20 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for On a motion by Knapp, seconded by Meakin, it was CR 199-05 RESOLVED, that having considered a communication from the Department of Law, dated April 6, 2005, approved for submission by the Mayor, in connection with Council Resolution 582-04, with regard to Petition 2004-10-02-33, submitted by Byblos General Contracting, requesting waiver use approval to demolish an existing gas station and replace it with a new gas station and carry-out restaurant with seating on property located at 36421 Plymouth Road, on the south side of Plymouth Road between Levan Road and Raleigh Avenue in the Northwest 1/4 of Section 32, which property is zoned C-2, the Council does hereby approve a modification of the requirement set forth in Section 11 03(a)(2) of Zoning Ordinance No 543, as amended, which requires that such building shall be located at least 75 feet from the Levan Road right-of-way line, to allow the gas station and carry-out restaurant building to have a setback of no less than 45 feet from the Levan Road right-of-way A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor NAYS None The President declared the resolution duly adopted A communication from the Department of Law, dated April 20, 2005, re revised ordinance amendment for the sidewalk requirement waiver to include a $100 00 fee for each lot resulting from such split, was received and placed on file for the information of the Council Councilmember McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 090 OF TITLE 16, CHAPTER 32 (SUBDIVISIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 39115 Regular Meeting of April 27, 2005 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 Councilmember McCann invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES McCann, Robinson, Knapp, Kokenakes and Taylor NAYS Meakin The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 200-05 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 405, more particularly described in Council Resolution 43-05 adopted on February 9, 2005, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Cross Winds Court Subdivision and Adjacent Lot Splits in said Special Assessment District No 405, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100-watt high pressure sodium lights on colonial post top poles and that the assessments set forth in said Special Assessment District No 405 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 405 based on installation of 100-watt high pressure sodium lights on colonial post top poles is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City 39116 Regular Meeting of April 27, 2005 Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose, and further, an amount not to exceed $19,091 80 is hereby authorized to be expended from the cash payments posted by the developer of the Cross Winds Court Subdivision and Adjacent Lot Splits in order to defray the Detroit Edison contribution- in-aid costs connected with this street light installation project A communication from Engineering, dated April 18, 2005, re additional information relative to a proposed Special Assessment District for Pickford Avenue, - Bainbridge to Hillcrest - Street Improvement Project, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was CR 201-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 24, 2005 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 11, 2005, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 28 ft. wide, 7-1/2" thick asphalt pavement with asphalt curb and storm sewers (City Alternate III) on Pickford Avenue, South of Seven Mile between Merriman and Middlebelt (Bainbridge to Hillcrest), T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated February 24, 2005, (4) determine that the estimated cost of such improvement is $184,146 09, 39117 Regular Meeting of April 27, 2005 (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving plus 300 feet @ $96 00 each ($54,352 17) and 100% of drainage ($13,800 00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($115,993 92) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Pickford Avenue, South of Seven Mile between Merriman and Middlebelt Roads (Bainbridge to Hillcrest), T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code 39118 Regular Meeting of April 27, 2005 On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 202-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 24, 2005, approved by the Director of Public Works and is approved for submission by the Mayor, in connection with the proposed street improvement of Pickford Avenue, South of Seven Mile between Merriman and Middlebelt (Bainbridge to Hillcrest), the Council does hereby refer the subject of the possible installation of additional stop signs in this area to the Traffic Commission for its report and recommendation On a motion by Meakin, seconded by McCann, and unanimously adopted, it was CR 203-05 RESOLVED, that having considered a communication from Gary Daniels, DCA, LLC, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on March 1, 2005, by the City Planning Commission in its resolution 03-20-2005 with regard to Petition 2005-01-02-02 submitted by DCA, LLC, requesting waiver use approval for the outdoor storage of vehicles and materials in connection with a lawn care business, known as Hollywood Lawn Care, located at 33760 Plymouth Road, on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 204-05 RESOLVED, that having considered a communication from the Fire Chief, dated March 29, 2005, 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 $300 00 from the Livonia Goodfellows, P 0 Box 51982, Livonia, Michigan 48151, the same to be deposited in and credited to Account No 702-285-338 (Car Seat Safety Donations) for the purposes as designated by the donor On a motion by Kokenakes, seconded by Meakin, and unanimously iii• adopted, it was 39119 Regular Meeting of April 27, 2005 CR 205-05 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated April 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of$600 00 from the Wal- Mart Foundation, 702 S W 8th Street, Bentonville, Arkansas 72716, to be used for Summer Youth Events, and a $100 00 Gift Card from Gordon Food Service, 333 Fiftieth Street S W , P 0 Box 1787, Grand Rapids, Michigan 49501-1787, to be used to purchase food and various items for Relay For Life, and the sum of $600 00 shall be deposited in and credited to Account No 702-285-125 (Recreation Miscellaneous) for the purposes as designated by the donor On a motion by McCann, seconded by Kokenakes, and unanimously adopted, it was CR 206-05 RESOLVED, that the Council does hereby determine to refer the subject matter of the upcoming Super Bowl XL to be held in Detroit in February, 2006, and how the City of Livonia can prepare for this event, to the Economic Development, Community Outreach and School Liaison Committee for a report and recommendation During the audience communication portion of the agenda at the end of the meeting, Theresa Mastela, 32361 Cambridge, inquired about the disposition of the proposed leash law, and was told that it was handled under the Consent Agenda and the matter is being sent to the Legislative Committee for a report and recommendation Beverly Whitbeck, 32028 Maine Street, Livonia, 48150, a dog trainer, spoke about the dog leash ordinance On a motion by Meakin, seconded by Robinson, and unanimously adopted, this 1,535th Regular Meeting of the Council of the City of Livonia was adjourned at 8 30 p m , April 27, 2005 Val Vandersloot, City Clerk