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HomeMy WebLinkAboutCOUNCIL MINUTES 2002-03-27 33469 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTY-FIRST REGULAR MEETING OF MARCH 27, 2002 On March 27, 2002, 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 Knapp delivered the invocation Roll was called with the following result. Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan, and Jack Engebretson Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Linda McCann, Director of Community Resources, Robert Beckley, Director of Public Works, Dan Putman, Information Systems Manager; Barbara Lewis, City Librarian, Ron Reinke, Superintendent of Parks and Recreation and Ian Wilshaw, Traffic Commission On a motion by Taylor, seconded by Brosnan, it was CR 154-02 RESOLVED, that the minutes of the 1,460th Regular Meeting of the Council held March 13, 2002 are hereby approved as submitted AYES Knapp, Vandersloot, Dolan, Taylor, Brosnan and Engebretson NAYS None PRESENT Laura There was no audience communication at the beginning of the meeting A communication from the Department of Finance, dated February 28, 2002, re forwarding various financial statements of the City of Livonia for the month ending December 31, 2001, was received and placed on file for the information of the Council 33470 A communication from the Department of Finance, dated March 7, 2002, re forwarding various financial statements of the City of Livonia for the month ending January 31, 2002, was received and placed on file for the information of the Council A communication from the Public Service Division, dated March 20, 2002, re contract award prices in the years 1995 and 2000 relative to a request to extend bid for Water Service Connections to D'Angelo Brothers, Inc., 24485 Middlebelt Road, Farmington Hills, 48336, was received and placed on file for the information of the Council (Agenda Item #12) A communication from the Public Service Division, dated March 21, 2002, re references for Metropolitan Tree, Inc , 6344 St. Mary, Detroit, 48228, relative to this company being awarded the contract for the 2002 Tree and Stump Removal Program for the City of Livonia, was received and placed on file for the information of the Council (Agenda Item #15) Two communications from the Engineering Division, dated March 20 and March 26, 2002, respectively, re additional information relative to an Agreement with Wayne County and the installation of flashing beacons at Churchill High School, was received and placed on file for the information of the Council (Agenda Item #19) On a motion by Brosnan, seconded by Dolan, it was CR 155-02 RESOLVED, that having considered a communication from the City Assessor, dated February 14, 2002, approved for submission by the Mayor, with regard to a request from Laurie and Maurice Marchand, 19324 Angling, Livonia, Michigan 48152, 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 determine to deny the request for dividing Tax Item No 46-004-01-0027-000 into two parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice 33471 CR 156-02 RESOLVED, that having considered a communication from the City Assessor, dated February 28, 2002, approved for submission by the Mayor, with regard to a request from Joseph Morelli, 35951 Joy Road, Westland, Michigan 48185, 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 combination and division of Tax Item Nos 46-054-01-0005-001 and 46-054-01-0005- 002 into two parcels, the legal descriptions of which shall read as follows PARCEL A The North 200 0 feet of Lot 6, also the North 200 0 feet of the East 6 0 feet of Lot 5 "Bell Creek Estates", part of the NW 1/4 of Section 14 , T 1 S , R 9 E , City of Livonia, Wayne County, Michigan As recorded in Liber 67, Page 33 Wayne County records Subject to easements of record Containing 0 51 acres PARCEL B Lot 6, except the North 200 0 feet thereof, also Lot 5 except the North 200 0 feet of the East 6 0 feet thereof, "Bell Creek Estates", part of the NW 1/4 of Section 14, T 1 S , R 9E , City of Livonia, Wayne County, Michigan As recorded in Liber 67, Page 33, Wayne County records Subject to easements of record Containing 2 37 acres PARCEL C All of Lot 6 and the East 2 57 feet of Lot 5, "Bell Creek Estates", part of the NW 1/4 of Section 14, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan As recorded in Liber 67, Page 33, Wayne County records Subject to easements of record Containing 1 48 ± acres PARCEL D All of Lot 5 except the East 2 57 feet thereof, "Bell Creek Estates", part of the NW '/4 of Section 14, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan As recorded in Liber 67, Page 33, Wayne County records Subject to easements of record Containing 1 40 ± acres 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, PROVIDED, HOWEVER, THAT UNTIL A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT, NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED CR 157-02 RESOLVED, that having considered a communication from the Mayor, dated March 7, 2002, wherein he has requested approval of the reappointment of Ms Maureen Simari, 15532 Penn Drive, Livonia, 33472 Michigan 48154, to the Local Officers Compensation Commission for a seven year term expiring April 2, 2009, pursuant to Section 2 48 020 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. CR 158-02 RESOLVED, that having considered a communication from the Human Resources Director, dated March 8, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on February 21, 2002, wherein the Commission has approved the request of the City Librarian to revise the temporary part- time Substitute Librarian qualifications to include students with twenty (20) credit hours in a Masters of Library Science curriculum at an American Library Association accredited university, and to revise the current salary schedule to add a wage range of $11 00 per hour at entry and $12 00 per hour after 100 hours of service for candidates that qualify for the Substitute Librarian position as stated above, the Council does hereby concur in and approve of the aforesaid action CR 159-02 RESOLVED, that having considered the report and recommendation of the Chairperson of the Historical Commission and the Director of Community Resources, dated March 7, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the donation of the Gilt Edge Cheese Factory building from Mr Sam Baki, 36800 Seven Mile Road, Livonia, Michigan 48152, with the understanding that Mr Baki will move this building to Greenmead at his own expense, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 160-02 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated February 15, 2002, 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 Douglass Safety Systems, 4018 Estey Road, Rhodes, Michigan 48652, for supplying the Fire Department with 39 Self-Contained Breathing Apparatus (SCBA), 50 additional masks and 39 spare cylinders at the unit prices (as shown on the attachment), which are in the total amount of $132,426 06, which includes a trade-in allowance for the City's existing SCBA's and cylinders, the same having been in fact the lowest bid received which meets all specifications, and the bid of Argus Supply Company is hereby rejected for the reasons indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $28,000 00 from Account No 401-000-979-000 and a sum not to exceed $11,728 06 from Account No 101-338-979-000 for this 33473 purpose, with the balance of the purchase price ($92,698 00) to be borne by FEMA. CR 161-02 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated March 5, 2002, 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 Wilco, Inc , P 0 Box 438, Auburn, Michigan 48611, to provide lead-based paint inspection services for Community Development Block Grant and State of Michigan funded minor and substantial home improvement programs for a twelve month period at the following rates 1 Limited Component Inspections $200 00 2 Combination Inspection/Risk Assessment $435 00 3 Clearance Examination $225 00 and the Housing Director is hereby authorized to execute a contract, for and on behalf of the Housing Commission, with the aforesaid bidder and to do all things necessary or incidental to the full performance of the resolution CR 162-02 RESOLVED, that having considered a letter from Jean Crowley and Phil Monforton, 18751 Milburn, Livonia, Michigan 48152, dated March 18, 2002, with regard to clarification of homeowner responsibilities in connection with problems encountered at their residence involving trees and sidewalks, the Council does hereby refer this item to the Mayor for his report and recommendation CR 163-02 RESOLVED, by the City Council of the City of Livonia, that the annual Memorial Day Celebration be, and hereby is approved for Saturday, June 1, 2002, beginning at 9 00 a m , and that the permission of the Wayne County Road Commission is hereby requested to close Five Mile Road from Merriman Road to Farmington Road, and Farmington Road between Schoolcraft and Five Mile Road on June 1, 2002, between the hours of 8 00 a m and 11 00 a m , or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, and that Lt. Kevin I Dawley is hereby designated and authorized to sign the Road Closure Permit on behalf of the City of Livonia CR 164-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 1, 2002, 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 Advanced Pool Services, Inc , 284 W Wardlow, Highland, Michigan 48357, for performing all work required in connection with the 33474 remarciting of the City's municipal pools for a total amount of $88,000 00, FURTHER, the Council does hereby authorize the expenditure from funds already budgeted for this purpose a a sum not to exceed $35,200 00 from Account No 101-720-987- 000 for the remarciting of Botsford Pool, b a sum not to exceed $35,200 00 from Account No 101-721-987- 000 for the remarciting of Clements Circle Pool, and c a sum not to exceed $17,600 00 from Account No 101-722-987- 000 for the remarciting of Shelden Pool, 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 things necessary or incidental to the full performance of this resolution CR 165-02 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated March 5, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3405 03/02, the Council does hereby accept the bid of Nankin Sand Company, 39740 Cherry Hill Road, Canton, Michigan 48187, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 00 per yard delivered and $4 00 per yard for pickup, the same having been in fact the lowest bid received and meets specifications, FURTHER, in the event the lowest bidder is unable to furnish the material, the Council hereby determines to accept the second low bid of Redford Topsoil Contractors, Inc , 15553 Beech Daly, Redford, Michigan 48239, which also meets specifications, as an alternate for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 20 per yard delivered and $5 00 per yard for pickup CR 166-02 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated March 5, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3408 03/02, the Council does hereby approve a one-year extension of the current contract with D'Angelo Brothers, Inc , 24485 Middlebelt Road, Farmington Hills, Michigan 48336, to perform water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid in their proposal dated March 8, 2000, for the period April 1, 2002 through March 31, 2003, with a cap of $4,000 00 in the retainage amount, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the 33475 aforesaid communication, and such action is taken in accordance Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 167-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 4, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division (Park Maintenance Section) with the fertilizers and chemicals specified at the unit prices bid for the 2002 calendar year requirements 1 United Horticultural Supply, 15515 Knobhill Drive, Linden, Michigan 48451 18-3-20 w/Millenium (16-4-8 w/Millenium*) $510 00 per ton Roundup 210 00 per case Scythe 112 00 per case Surflan 352 00 per case Snapshot 2 5 TG 66 00 per bag Confront 379 00 per case Mach II 32 75 per bag Merit 5G 52 00 per bag Subdue Maxx 990 00 per case Daconil Ultrex 182 00 per case triw Rubigan 1,000 00 per case 2 Lesco, Inc., 15885 Sprague Road, Strongsville, Ohio 44136 25-5-15 w/Nutralene (28-5-10*) $ 582 00 per ton 18-5-9 (28-5-12*) 288 00 per ton 19-3-6 w/ 072% Dimension (19-3-6 w/ 10% Dimension*) 442 00 per ton Roundup 210 00 per case Daconil Ultrex (Lesco Manicure Ultrex*) 182 00 per case Bayleton 25WP 368 00 per case 3 Simplot Partners, 24800 N Industrial Drive, Farmington Hills, Michigan 48335 Touchdown $ 175 00 per case Daconil Ultrex 182 00 per case 4 Turfgrass, Inc., P 0 Box 667, South Lyon, Michigan 48178 21-3-18 $ 676 00 per ton 15-0-0 Ferromac Liquid Iron (Turf Iron*) 26 00 per case 33476 Consyst WDG $ 250 00 per case Daconil Ultrex 182 00 per case Chipco 26019 510 00 per case 5 J. Mollema & Son, Inc., 4660 East Paris Avenue, S E , Grand Rapids, Michigan 49512 Barrier $ 103 41 per bag Daconil Ultrex 182 00 per case *Meets specifications as alternate CR 168-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 5, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2002 through April 30, 2003 1 Nagle Paving Company, 30630 West 12 Mile Road, Farmington Hills, Michigan 48334 12WM Asphaltic Concrete $31 00 per ton 1100 Asphaltic Concrete 26 00 per ton 20 Wearing Fine (Driveway Top) 27 50 per ton 31 M Wearing 31 00 per ton 2 Aiax Materials Corporation, One Ajax Drive, Madison Heights, Michigan 48071 Cold Patch Asphaltic Material (Pave 192), delivered $39 50 per ton 3 Midland Contracting Company, Inc., P 0 Box 9, Carrollton, Michigan 48724 Cold Patch Material (U P M or Q P R.), delivered $51 56 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials 33477 specified at the unit prices bid for the period May 1, 2002, through April 30, 2003 1 Anc elo's Asphalt Materials, 800 Marion Avenue, River Rouge, Michigan 48218 12WM Asphaltic Concrete $28 82 per ton 1100 Asphaltic Concrete 24.28 per ton 31 M Wearing 28.24 per ton 2 Ajax Materials Corporation, One Ajax Drive, Madison Heights, Michigan 48071 20 Wearing Fine (Driveway Top) $25 00 per ton 3 Cadillac Asphalt Products Company, 27575 Wixom Road, Novi, Michigan 48376 Cold Patch Asphaltic Material, (Pave 192), delivered $41 00 per ton Cold Patch Material (U P M or Q P R.), delivered 54 00 per ton CR 169-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 25, 2002, 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 Metropolitan Tree Inc., 6344 St. Mary, Detroit, Michigan 48228, for completing all work required in connection with the City's 2002 Tree and Stump Removal Program for a total price not to exceed $52,350 00, the same having been in fact the lowest bid received and meets specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $52,350 00 from funds already budgeted in Account No 205-527-882-000 (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 170-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 4, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the sale and removal of the above-ground 33478 gas tank at the Glendale Waste Disposal Yard to Ronald J Caramagno, 21804 Heatheridge, Northville, Michigan 48167, for the total price of $10,000 00, based on the condition that the tank be removed by Mr Caramagno on or before July 1, 2002, and the Director of Public Works is hereby authorized to do all other things necessary or incidental to the full performance of this resolution CR 171-02 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated February 20, 2002, which bears the signature of the Finance Director, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Richco Construction, Inc., 4706 Kingston Street, Dearborn Heights, Michigan 48125, for completing all work required in connection with the Sunset Hills Subdivision Sanitary Relief Sewer for the estimated total cost of $548,953 00, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid meeting specifications, based upon the withdrawal of the bid submitted by Peter A. Basile Sons, Inc , FURTHER, the Council does hereby allow Peter A. Basile Sons, Inc. to withdraw its bid, provided that no decision is made at this time regarding retention or repayment of Peter A. Basile Sons, Inc bid bond, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $548,953 00 from Account No 593-441-158-000 (Construction in Progress) 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 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 172-02 RESOLVED, the Council does hereby refer the question of whether the City can keep the bid bond of Peter A. Basile Sons, Inc , after its bid for the Sunset Hills Subdivision Sanitary Relief Sewer (Contract 02- D) was withdrawn due to a clerical error, to the Department of Law for its report and recommendation CR 173-02 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated January 28, 2002, which bears the signature of the Director of Finance, is approved by the Superintendent of Parks and Recreation and the Director of the Housing Commission, and is approved for submission by the Mayor, to which is attached a summary outlining the final allocation of costs in connection with the 2001 Sidewalk Program (Contract 01-J) pursuant to Council Resolution 192-01, the Council does hereby determine as follows 33479 1 To establish the final project cost at $298,119 90 of which total $187,759 25 is to be charged to the Single Lot Assessments and $110,360 65 is to be charged to the following City Funds. $2,689 66 to the Major Road Account, $59,888 60 to the Local Road Account, $11,154 00 to the Unexpended Fund Balance of the Water and Sewer Fund, $7,805 60 to Account No 101-720-987- 000 for work at Botsford Pool, $19,180 08 to Account No 101-721- 987-000 for work at Clements Circle Pool and $9,642 71 to be invoiced to the Livonia Housing Commission for work at McNamara Towers, 2 To authorize an additional expenditure of $2,605 60 from Account No 101-720-987-000, (Capital Outlay Botsford Pool Fund) to cover costs related to the Botsford Pool as directed by the Superintendent of Parks and Recreation, 3 To authorize an additional expenditure of $11,154 00 from the Unexpended Fund Balance of the Water and Sewer Fund for sidewalk repairs in conjunction with water main repairs and an additional expenditure of $4,888 60 from the Michigan Transportation Fund (Local Road Account) for additional handicap ramps, 4 To authorize a final invoice in the amount of $9,642 71 to the Livonia Housing Commission for concrete work at McNamara Towers, and 5 To authorize final payment in the amount of $14,775 05 to Hard Rock Concrete, Inc , 38146 Abruzzi Drive, Westland, Michigan 48185, for work related to Contract 01-J upon final release of the punch list work by the Engineering Division CR 174-02 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated February 26, 2002, approved for submission by the Mayor, to which is attached a letter from Mark D Schultz, Supervisor, Public Safety, Livonia Public Schools, dated February 12, 2002, and a proposed Traffic Signal Agreement between the City of Livonia and the Wayne County Department of Public Services, and having considered the necessity of the installation of flashing beacons on Newburgh Road, north and south of Churchill High School, the Council does hereby approve the proposed Agreement in the manner and form herein submitted with the understanding that the Livonia Public Schools will reimburse the city for the cost of installation in the amount of $14,713 00, FURTHER, the City of Livonia shall accept responsibility for the maintenance and energy costs for the beacons at an approximate cost of $20 00 per month, and the 33480 Mayor and City Clerk are hereby authorized to execute the attached Agreement for and on behalf of the City of Livonia, and the City Clerk is requested to send a certified copy of this resolution, together with the signed Agreement, to the Wayne County Department of Public Services, Traffic Operations CR 175-02 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated February 27, 2002, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, to which is attached a proposed Traffic Signal Agreement between the City of Livonia and the Wayne County Department of Public Services, and having considered the necessity for the installation of a traffic signal at the intersection of Stark and Industrial Roads, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby approve of the City assuming 100% of the cost of installation and for this purpose does hereby appropriate and authorize the expenditure of a sum not to exceed $38,135 00 from the Michigan Transportation Fund (Major Road Account), FURTHER, the City of Livonia shall accept responsibility for the maintenance and energy costs for the traffic signal at an approximate cost of $80 00 per month, and the Mayor and City Clerk are hereby requested to forward a certified copy of this resolution, together with the signed Agreement, to the Wayne County Department of Public Services, Traffic Operations CR 176-02 RESOLVED, that having considered a communication from the City Planning Commission, dated March 4, 2002, which transmits its resolution 02-33-2002, adopted on February 26, 2002, with regard to Petition 02-2-8-8 submitted by Colonial Mortgage Corporation, requesting site plan approval in connection with a proposal to construct an addition to the office building located at 33919 Plymouth Road, on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 02-2-8-8 is hereby approved and granted, subject to the following conditions 1 That the Site, Landscape and Elevation Plan marked Sheet 1 dated February 25, 2002, as revised, prepared by Thomas Flaherty, is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 33481 3 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, 4 That the three walls of the trash dumpster area shall be constructed out of the same scored block used in the construction of the building, or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building, and the enclosure gates shall be maintained and when not in use, closed at all times, 5 That all light fixtures shall not exceed 20 ft. in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 6 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated February 20, 2002 a That the entire parking lot shall be repaired, resealed and double striped, b That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, 7 That no signs, either freestanding or wall mounted, are approved with this petition, 8 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 9 That the 17' of the northwest corner be developed into landscaping CR 177-02 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 )0011 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 Monday, May 6, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2001-12-01-14, submitted by William Skubik, on behalf of how Odyssey Investments, for a change of zoning of property located on 33482 the west side of Brentwood Avenue between Seven Mile Road and Clarita Avenue in the Northwest 1/4 of Section 12 from OS to R-1, the City Planning Commission in its resolution 2-27-2002 having recommended to the City Council that Petition 2001-12-01-14 be approved, (2) Petition 2001-12-01-15, submitted by William Skubik, on behalf of Odyssey Investments, for a change of zoning of property located on the south side of Seven Mile Road between Brentwood and Maplewood Avenues in the Northwest 1/4 of Section 12 from OS to R-1, the City Planning Commission in its resolution 2-28-2002 having recommended to the City Council that Petition 2001-12-01- 15 be approved, and (3) Petition 2002-01-01-01, submitted by the City Planning Commission, for a change of zoning of property located on the west side of Floral Avenue between Joy Road and Cleveland Elementary School in the Southeast 1/4 of Section 36 from RUF to R-1, the City Planning Commission in its resolution 2-29-2002 having recommended to the City Council that Petition 2002-01-01-01 be approved, 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 Knapp, Vandersloot, Dolan, Taylor, Laura Brosnan and Engebretson NAYS None A communication from the CAT Rental Store, received February 26, 2002, re Letter of Commitment relative to the designated display area in front of the 33483 building located at 33850 Plymouth Road, Livonia, 48150, was received and placed on file for the information of the Council (Petition 01-9-2-19) A communication from Charles Tangora, attorney, dated February 13, 2002, re the CAT Rental Store/Michigan CAT proposed to be located at 33850 Plymouth Road, with an attached list of its customers that are located in Livonia, was received and placed on file for the information of the Council (Petition 01-9-2-19) A communication from John J Nagy, P R.D.A. Director, dated January 28, 2002, re support of CAT Rental Store/Michigan CAT's proposal to establish a rental store at 33850 Plymouth Road on the former Olson Oldsmobile Auto Dealership property, was received and placed on file for the information of the Council (Petition 01-9-2-19) Letters from D'Orazio Contracting Corp , 33505 Schoolcraft, Livonia, 48150, Sunset Excavating, 12641 Stark Road, Livonia, 48150, Victor Hess, 19514 Bainbridge, Livonia, 48152, and Joan and Ronald Dugas, 8846 Crown Avenue, Livonia, 48150, re their support of CAT Rental Store/Michigan CAT's proposal to establish a rental store at 33850 Plymouth Road on the former Olson Oldsmobile Auto Dealership property, was received and placed on file for the information of the Council (Petition 01-9-2-19) On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 178-02 RESOLVED, that having considered a communication from the City Planning Commission, dated November 2, 2001, which transmits its resolution 10-173-2001, adopted on October 30, 2001, with regard to Petition 01-9-2-19, submitted by Joel House on behalf of Iron Tree, Inc. d/b/a/ The CAT Rental Store, requesting waiver use approval to operate a light construction equipment rental and sales facility with outdoor display 33484 and storage on property located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, which property is zoned C-2 and M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01-9-2-19 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP-1 prepared by Vantine/Guthrie Studio of Architecture, dated September 27, 2001, is hereby approved and shall be adhered to, 2 That a fully detailed landscape plan shall be submitted for the review and approval of the Planning Commission and City Council within 60 days of the approval of this petition by the City Council, 3 That properly signed handicapped parking shall be provided as per City ordinance, 4 That the following maintenance items as listed in the correspondence dated October 12, 2001, from the Inspection Department shall be accomplished to that department's satisfaction, a Maintenance, repair, resealing and double striping of the parking area and drives, b Repainting of portions of the buildings and repair of the existing fence, 5 That outdoor display of construction equipment, other than in the fenced storage area north of the rear wall of the showroom/shop building, shall be strictly confined to the concrete pad immediately in front of the easterly showroom and a maximum of five (5) equipment units may be displayed in this area, 6 That the outdoor display area adjacent to the front of the main building shall either be fenced as required or, in the alternative, the petitioner shall seek a variance from the Zoning Board of Appeals to eliminate the fence, 7 That the heavy construction equipment on site shall be limited to not more than 10 units that weigh 40-50,000 pounds and not more than 40 units which weigh between 30-40,000 pounds If additional units are needed, CAT will return for additional consideration, 33485 a Articulating Boom (type) equipment will be stored in the rear of the property with the boom in the lowered position, b Outside display equipment will consist of not more than 5 of the 10 units as described in the Letter of Commitment from CAT Rental presented at the Committee Meeting on February 26, 2002, 8 That loading and unloading shall only be done in the back portion of the building and that the building on the east side of the property where the doors are facing Plymouth Road, shall not be used for loading or unloading, 9 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council, 10 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 11 That the red stripe across the front of the building be no wider than three (3) feet. A communication from the Department of Public Works, Engineering Division, dated February 28, 2002, re recommended color selection for the interior finishes at the Senior Center addition and renovation, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was CR 179-02 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 5, 2002, submitted pursuant to Council Resolution 893-00, regarding the Civic Park Senior Center renovation, the Council does hereby approve the Senior Center interior finish selections, the colors and materials submitted by the architect at the Capital Improvement Committee meeting held on March 5, 2002 Councilmember Taylor gave first reading to the following 33486 Ordinance AN ORDINANCE AMENDING SECTION 2 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 01-9-1-10) [R-2] (CR 118-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING CHAPTER 23 (DEPARTMENT OF MANAGEMENT INFORMATION SYSTEMS) TO TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from Lauren A. Helbling Company, 1370 Ontario Street, #450, Cleveland, Ohio, 44113-1744, dated March 23, 2002, re an invoice that was incorrectly sent to the Chapter 7 Bankruptcy Estate of Great Lakes Restaurant Company, LLC, from the City of Livonia for a false alarm billing at 33550 Plymouth, in relation to a request for waiver use approval to construct a Tim Horton's Restaurant at 33487 said address, was received and placed on file for the information of the Council (Petition 02-1-2-1) On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 180-02 RESOLVED, that having considered a communication from the City Planning Commission, dated March 4, 2002, which transmits its resolution 02-30-2002, adopted on February 26, 2002, with regard to Petition 02-1-2-1, submitted by Nowak & Fraus, L L.0 , requesting waiver use approval to construct a Tim Horton's Restaurant on property located on the north side of Plymouth Road (33500 Plymouth Road) between Farmington and Stark Roads in the Southeast 1/4 of Section 28, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 02- 1-2-1 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked SP1 prepared by Nowak & Fraus, with a revision date of February 22, 2002, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L1 prepared by Nowak & Fraus, with a revision date of February 22, 2002, is hereby approved and shall be adhered to, 3 That the landscaping shown on the above-referenced Landscape Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5 That the Exterior Elevations Plan marked Sheet A5 prepared by Roy J Yoder, Architect, Inc , with a revision date of February 22, 2002, is hereby approved and shall be adhered to, 6 That the maximum number of customer seats shall not exceed 50, 7 That the brick used in the construction of the building shall be full- face four (4) inch brick, no exception, 8 That the dumpster enclosure shall be constructed in accordance with the dumpster enclosure detail shown on the Site Plan with 33488 9 seven (7) foot high walls and gates which shall be maintained and when not in use, closed at all times, That the turning radius of the drive-thru shall be at least 15 feet as required, 10 That site lighting equipment shall be shielded and shall not exceed twenty (20) feet in height above grade, 11 That all mechanical rooftop mounted equipment shall be totally screened from view; 12 That all parking spaces provided in connection with this restaurant shall be double striped, 13 That one (1) wall sign, not exceeding 32 square feet in area, is approved on the front (south) elevation as shown on the Exterior Elevation Plan, 14 That the representations of the directional signs, monument sign and menu board sign as shown on the Signage Detail Plan marked Sheet SP4 prepared by Nowak & Fraus, with a revision date of February 22, 2002, are hereby approved and shall be adhered to, and 15 That the 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 Brosnan, seconded by Taylor, and unanimously adopted, it was. CR 181-02 RESOLVED, that having considered a communication from the City Planning Commission, dated March 4, 2002, which transmits its resolution 02-35-2002, adopted on February 26, 2002, with regard to Petition 02-1-8-4 submitted by Vincent and Frances DeSanto, DeSanto Development Company, LLC, requesting Master Deed, bylaws and site plan approval in connection with a proposal to construct site condominiums (to be known as Curtis Creek) on property located at 29967 Curtis Road, on the south side of Curtis Road between Middlebelt and Merriman Roads in the Southeast 1/4 of Section 11, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 02-1-8-4 is hereby approved and granted, subject to the following conditions 33489 Li That the Master Deed complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the Livonia Code of Ordinances, and Article XX, Section 20 01-20 06 of Zoning Ordinance No 543, except for the fact the following shall be incorporated a that the first floor of each condominium unit shall be brick or stone, on all four sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, b that the minimum floor area for each one-story dwelling shall not be less than 1,500 sq ft. and not be less than 1800 sq ft. for each two-story dwelling, 2 That the petitioner shall include language in the Master Deed or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia, 3 That the surround of each chimney, in their entirety, shall be constructed out of brick; 4 That the brick used in the construction of each condominium unit shall be full face four (4) inch brick, no exception, 5 That the Site Plan marked Sheet 1 dated 2/11/02, as revised, prepared by Jarrett-Mills-Schron and Associates, is hereby approved and shall be adhered to, 6 That decorative streetlights shall be installed throughout the development; 7 That an Entrance Marker Application shall be submitted to the Planning Commission and City Council for their review and approval, 33490 8 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 9 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 10 That the landscaping plan shall be submitted for review by the Planning Commission and City Council and shall include detailed landscaping for the detention basin A communication from the Planning Department, dated March 4, 2002, re historical information on properties surrounding the northwest corner of Wayne Road and Pinetree Avenue, proposed to be rezoned from RUF to R-1by Reno Soave, was received and placed on file for the information of the Council (Petition 01-10-1-11) A communication from the Planning Department, dated February 25, 2002, re the proposed rezoning of property on the northwest corner of Wayne Road and Pinetree Avenue from RUF to R-1 by Reno Soave requires a 3/4 majority roll call vote of the City Council because there is a valid protest in effect, was received and placed on file for the information of the Council (Petition 01-10-1-11) On a motion by Dolan, seconded by Taylor, it was CR 182-02 RESOLVED, that having considered a communication from the City Planning Commission, dated December 19, 2001, which sets forth its resolution 12-190-2001, adopted on December 11, 2001, with regard to Petition 01-10-1-11, submitted by Reno Soave for a change of zoning of property located on the northeast corner of Wayne Road and Pinetree Avenue in the Northwest 1/4 of Section 33, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on Monday, February 25, 2002, pursuant to Council Resolution 23-02, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 01-10-1-11 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary 33491 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Dolan, Taylor, Laura and Brosnan NAYS Vandersloot and Engebretson The President declared the resolution adopted Tim Bailey, 9826 Cranston, Livonia, 48150, spoke in opposition to discharging the issue of rezoning various lots in Rosedale Gardens No 4 Subdivision from the Committee of the Whole (Petition 01-8-1-9) Rick Rainville, 9928 Hubbard Road, Livonia, 48150, spoke in opposition to discharging the issue of rezoning various lots in Rosedale Gardens No 4 Subdivision from the Committee of the Whole (Petition 01-8-1-9) Bill Roskelly, 16211 Ryland, Redford, 48240, spoke in favor of discharging the issue of rezoning various lots in Rosedale Gardens No 4 Subdivision from the Committee of the Whole (Petition 01-8-1-9) On a motion by Knapp, seconded by Taylor, it was CR 183-02 RESOLVED, that having considered a communication from Council President Jack Engebretson, dated March 18, 2002, the Council does hereby discharge Council Resolution 117-02 relating to Petition 01- 8-1-9 from the Committee of the Whole A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Brosnan and Engebretson NAYS Laura The President declared the resolution duly adopted On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was 33492 CR 184-02 RESOLVED, that having considered a communication from the City Planning Commission, dated November 30, 2001, which sets forth its resolution 11-183-01, adopted on November 20, 2001, with regard to Petition 01-8-1-9, submitted by William Roskelly, fora change of zoning of property known as Lots 1137 to 1146 and Lots 1167 to 1176, and the East 1/2 of vacated Hubbard Road adjacent to Lots 1167, 1168 and the South 29 66 feet of Lot 1169, Rosedale Gardens No 4 Subdivision, located on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road in the Northeast 1/4 of Section 34, from PL to R-1, and the Council having conducted a public hearing with regard to this matter on February 11, 2002, pursuant to Council Resolution 780-01 , the Council does hereby reject the recommendation of the Planning Commission and Petition 01-8-1-9 is hereby denied for the following reasons 1 The proposed rezoning is inconsistent with the City's Master Plan as well as previous decisions regarding rezoning requests for the adjacent public lands, 2 The proposed rezoning is contrary to the actual use of the land for the past 75 years, 3 The proposed extension of Hubbard Road from Orangelawn to West Chicago would negatively impact the health, safety and welfare of area residents and all those who use the public land adjacent to the area proposed for rezoning, 4 The petitioner purchased the subject lands without zoning contingency and with full knowledge both of the prior longstanding use of the property for public and community purposes and of the prior denial of similar requests for the adjacent land, 5 The subject property can be utilized in its current zoning classification, 6 That the proposed change of zoning for the property would permit new residential construction in an area of the City that is already densely populated, and 7 That the subject property would be better utilized for open- space purposes On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was 33493 CR 185-02 RESOLVED, that having considered a communication from the City Librarian, dated February 26, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the amp Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the total amount of $2,450 00, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $2,450 00 to Account No 702-000- 285-271 for the purposes as designated by the donors On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 186-02 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated March 18, 2002, 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 Aristeo Construction Company, 12811 Farmington Road, Livonia, Michigan 48150 for performing all work required in connection with the construction of the Waste Transfer Facility on Glendale Avenue (Contract 02-C) for the estimated total cost of $309,497 70 based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, 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$309,497 70 from funds already budgeted for this purpose in Account No 205-527-818-041 (Landfill Remediation), with reimbursement from the grant from Wayne County in the amount of $108,225 68 and reimbursement from Detroit Edison in the amount of $125,429 00, 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 Councilmember Vandersloot acknowledged Council President Engebretson's birthday that he celebrated last week. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, this 1,461st Regular Meeting of the Council of the City of Livonia was adjourned at 8 50 p m , March 27, 2002 tiy(co_O Jokn cCotter, City Clerk