Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2008-05-28 36727 MINUTES OF THE ONE THOUSAND SIX HUNDRED NINTH REGULAR MEETING OF MAY 28, 2008 On May 28, 2008, 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 Councilman Meakin led the meeting with the Pledge of Allegiance Roll was called with the following result: Brian Meakin, Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, and Laura Toy Absent. None Elected and appointed officials present: Sean Kavanagh, City Attorney; Kevin Roney, City Engineer (Utilities & Engineering), Judy Priebe, Technical Specialist; Mark Taormina, City Planner; Linda Grimsby, City Clerk, and Mayor Jack Kirksey On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #216-08 RESOLVED that the Minutes of the 1,608th Regular Meeting of the Council held May 14, 2008 are hereby approved as submitted Mayor Kirksey presented a 20-Year Service Pin and Certificate of Recognition to Councilmember James McCann Mayor thanked McCann for his service and dedication and indicated many of his family members have served the City of Livonia for several decades Mayor announced McCann began his public service for the City working for the Planning Commission in November, 1987 Knapp presented a Commendation to Robert Burkhardt of Burkhardt Bakery on behalf of the City, Council and the Mayor Knapp indicated Burkhardt Bakery has a long history and was established in 1872 in the City of Detroit but moved their location to Livonia, in the area of Seven Mile and Farmington Roads, more than 30 years ago Knapp stated Burkhardt Bakery recently closed but thanked them for their many years of business in Livonia Regular Meeting Minutes of May 28, 2808 36728 President Toy extended the Council's deepest sympathy to Mark Marecki who lost his mother a few hours ago and commended Vice-President Godfroid-Marecki for her dedicated service this evening During Audience Communication, George Boller, 36270 Hammer Lane, expressed to Council his concern re traffic control signal on Newburgh Road and North Laurel Park Drive Mr Boiler indicated the traffic control signal is difficult to see at different times of the day and the signal for the southbound traffic turns red before the northbound side Further, he explained there are frequent accidents at this intersection which causes his concern and can pose potential traffic hazards. Mr Boller inquired of Council whether this section of Newburgh Road is being considered in the Road Repair Program and if it is not, he requested that Council pay careful consideration to this intersection On a motion by Laura, seconded by Robinson, and unanimously adopted, it was #217-08 RESOLVED, that having heard comments from resident George Boller regarding the traffic control signal at the intersection of Newburgh Road and North Laurel Park Drive, the Council does hereby refer the issue of visibility of said signal and the necessity of said signal to the Administration and the Traffic Commission for their report and recommendation A communication from the Inspection Department, dated May 19, 2008, re complaint received from Steven Johnson concerning the Bryant Soccer Fields, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Godfroid-Marecki, it was #218-08 RESOLVED, that having considered an application from Sharlene Dostal, 9614 Woodring, dated April 23, 2008, requesting permission to close Woodring between West Chicago and Orangelawn on Saturday, August 9, 2008, from 3.00 p m to 1000 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 16, 2008, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #219-08 RESOLVED, that having considered a letter from Arthur tip Cole, Event Chairman, on behalf of the Rotary Club of Livonia, dated Regular Meeting Minutes of May 28, 2008 36729 April 22, 2008, requesting permission to sell beer, to place a 4' x 8' banner at the entrance to Rotary Park for a period not to exceed two weeks, to place a 15' inflatable archway near the fountain plaza at Rotary Park which will be taken down at the end of the day on August 10, 2008, and to place 22" x 28" wire mounted signs at various intersections in the City, announcing the Rotary Club of Livonia's Annual Bar-B-Que and Family Fun Fest to be held at Rotary Park on Sunday, August 10, 2008, as a fundraiser for Rotary Park and other Rotary community and international projects, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 1 The Rotary Club of Livonia shall provide the City of Livonia with an appropriate insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, and such certificate of insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2 That all alcoholic beverages will be sold only by Rotarians and proof of legitimate drinking age will be required, 3 That alcoholic beverages will be served in a fenced off area, 4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit from the State of Michigan prior to this event; 5 That medical and security personnel shall be on site at all times, and 6 That the wire-mounted road signs will be installed on July 26-27, 2008, and removed by Monday, August 11, 2008, with the understanding that the City is not responsible should the signs be removed by Wayne County #220-08 RESOLVED, that having considered a communication from the City Clerk, dated May 1, 2008, forwarding an application submitted by Tracey Nied, 12126 Woodland Ridge, South Lyon, Michigan 48178, for a therapeutic massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of May 28, 2008 36730 #221-08 RESOLVED, that having considered a communication from Steven Johnson, received in the Office of the City Council on May 4, 2008, regarding noise, safety and indecent exposure issues associated with soccer clubs playing at the former Bryant School, the Council does hereby determine to take no further action with regard to this matter #222-08 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated May 7, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) additional ambulance (to replace a 2001 Medic Master that was totaled in an accident on April 15, 2008) from Halt Fire Equipment, 50168 Pontiac Trail, Wixom, Michigan 48393, in the amount of $193,390 00, the bid price previously accepted in Council Resolution #44-08, FURTHER, the Council does hereby authorize an expenditure from funds received in an insurance settlement from MMRMA in the total amount of $175,000 00 for this purpose, FURTHER, the Council does hereby authorize an additional appropriation and expenditure in an amount not to exceed $18,390 00 from the Unexpended Fund Balance of the Capital Projects Funds (401) for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #223-08 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated May 6, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize an expenditure in the amount of $58,000 00 for a FEMA Structural Collapse Technician Class to be provided by the Michigan Urban Search and Rescue Training Foundation, 275 E Highland Road, Howell, Michigan 48843, FURTHER, the Council does hereby authorize such expenditure from grant funds available (Department of Homeland Security's Urban Area Strategic Initiative Grant Program) in Account No 223-674-971-000 for this purpose #224-08 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated May 8, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 3813 05/08, wherein it is recommended that the Council authorize changes in existing water and sewer consumption rates, industrial surcharge rates and in industrial waste control charges, the Council does hereby Regular Meeting Minutes of May 28, 2008 36731 request that the Department of Law prepare appropriate Ordinance Amendments to the following sections of the Livonia Code of Ordinances for submission to Council 1 Amend Title 13, Chapter 8, Section 040, to increase the water consumption rate from $16 91 to $17 16 (per 1000 cubic feet), effective with the first billing on and after July 1, 2008 2 Amend Title 13, Chapter 20, Section 120 D 1 to increase the wastewater disposal charge from $19 58 to $20 80 (per 1000 cubic feet) of water used, effective with the first billing on and after July 1, 2008 3 Amend Title 13, Chapter 20, Table 13.20 120 to increase the industrial waste control meter charges as follows NON-RESIDENTIAL METER SIZE (inches) MONTHLY CHARGE 5/8 Increase from $5 79 to $6 37 3/4 Increase from $8 69 to $9 56 1 Increase from $14 48 to $15 93 1-1/2 Increase from $31 85 to $35 04 2 Increase from $46 32 to $50 96 3 Increase from $83 96 to $92 37 4 Increase from $115 80 to $127 40 6 Increase from $173 70 to $191 10 8 Increase from $289 50 to $318 50 10 Increase from $405 30 to $445 90 12 Increase from $463.20 to $509 60 14 Increase from $579 00 to $637 00 16 Increase from $694 80 to $764 40 18 Increase from $810 60 to $891 80 20 Increase from $926 40 to $1,019 20 24 Increase from $1,042.20 to$1,146 60 30 Increase from $1,158 00 to $1,274 00 36 Increase from $1,273 80 to $1,401 40 48 Increase from $1,389 60 to $1,528 80 4 Amend Title 13, Chapter 28, Section 050, to change the industrial surcharge rates as follows Dollar/pound for treating BOD (Biochemical Oxygen Demand) in excess of 275 mg/I - Increase from $0 268 to $0 254 Regular Meeting Minutes of May 28, 2008 36732 Dollar/pound for treating TSS (Total Suspended Solids) in excess of 350 mg/I - Increase from $0 290 to $0 324 Dollar/pound for treating P (Phosphorus) in excess of 12 mg/I - Increase from $3 703 to $3 729 Dollar/pound for treating FOG (Fats, Oils & Grease) in excess of 100 mg/I — Increase from $0 201 to $0 221 #225-08 RESOLVED, that having considered a communication from the Director of Public Works, dated April 30, 2008, approved for submission by the Mayor, the Council does hereby approve the request of Florence Cement Company, 12798 23 Mile Road, Shelby Township, Michigan 48315, for the placement of a temporary portable concrete batch plant on City property located on Glendale Street from May through October, 2008, for the purpose of producing concrete for the 2008 Road Repair Program — Concrete, Contract No 08-C Reconstruction Project, subject to the following conditions 1 Florence Cement Company shall provide a Certificate of Insurance on all contractor operations 2 Florence Cement Company shall hold harmless the City and its agents for wrongdoing occurring on the site that is the direct result of the contractor's occupancy 3 Florence Cement Company shall grade and restore the site to its original condition, or better, directly upon completion of activities 4 Florence Cement Company shall secure the site as directed by the DPW 5 Florence Cement Company shall keep the premises dust free in accordance with the permit issued by the Wayne County Health Department Air Pollution Control Division 6 Florence Cement Company shall abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of watercourses 7 Florence Cement Company shall obtain all necessary permits from the City of Livonia and abide by all local ordinances 8 Hours of operation shall be limited to the hours between 7 00 am and800pm Regular Meeting Minutes of May 28, 2008 36733 9 Florence Cement Company will pay to the City of Livonia the sum of $2,500 00 per month, commencing when the portable batch plant arrives on site and terminating upon its removal #226-08 RESOLVED, that having considered the report and recommendation of the City Engineer (Utilities and Engineering), dated April 28, 2008, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the Superintendent of Parks and Recreation and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Goddard Coatings Company, 15045 Dixie Highway, Suite C, Holly, Michigan 48442, for completing all work required in connection with the 2008 Tennis Court Maintenance Project (Contract 08-N) for the estimated total cost of $286,042 65 based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest and only bid received for this item, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $286,042 65 from Account No 208-756-987-000 (Community Recreation - Other Recreation - Capital Projects) for this purpose, and the City Engineer (Utilities and Engineering) 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 #227-08 RESOLVED, that having considered a communication from the City Planning Commission, dated April 23, 2008, which transmits its resolution 04-32-2008 adopted on April 22, 2008, with regard to Petition 2008-03-08-05 submitted by IS Telegraph, L L C , requesting site plan approval in connection with a proposal to demolish and reconstruct the gas station (Mobil) located on the northwest corner of Schoolcraft Road and Merriman Road (31420 Schoolcraft Road), in the Southeast 1/4 of Section 22, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2008-03-08-05 is hereby approved and granted, subject to the following conditions 1 That the Site & Landscape Plan marked Drawing No C-02 dated April 11, 2008, as revised, prepared by Engineering Services, Inc , is hereby approved and shall be adhered to, Regular Meeting Minutes of May 28, 2008 36734 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 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 Exterior Building Elevation Plan marked Sheet A-2 dated April 17, 2008, as revised, prepared by Dynamic Building and Design LLC, is hereby approved and shall be adhered to, 5 That the brick used in the construction shall be full face four (4") inch brick, 6 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of steel construction and maintained and when not in use closed at all times, 7 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 8 That the gas pump island canopy shall not exceed eighteen (18') feet in height, and its support columns shall be covered with the same brick used in the construction of the building, 9 That the leading edge of the pump island canopy shall not be any closer than ten (10') feet from the property line, 10 That the lights of the pump island canopy shall be recessed in such a way that the intensity of the illumination is decreased, 11 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 12 That all light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; Regular Meeting Minutes of May 28, 2008 36735 13 That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated April 11, 2008, 14 That the petitioner shall correct to the Fire Department's satisfaction the item outlined in the correspondence dated April 4, 2008, 15 No outside storage, placement or display of merchandise shall be permitted at any time on this site, however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11 04(a) of the Zoning Ordinance, 16 That free air shall be provided at all times this station is open for business. The free air shall be dispensed at the point of service without having to enter the station or the performance of any extra action in order to obtain the air without charge 17 That no vehicle vacuum equipment or the outdoor placement of propane cylinder storage units shall be permitted on the site, 18 That the sale of ice shall be restricted to the inside of the building, 19 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 20 That no part of the pump island canopy fascia, with the exception of the embossed logos, shall be illuminated, 21 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the pump island canopy, building or around the windows, 22 That specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 23 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period Regular Meeting Minutes of May 28, 2008 36736 #228-08 RESOLVED, that having considered a communication from the City Planning Commission, dated May 7, 2008, which transmits its resolution 04-33-2008 adopted on April 22, 2008, with regard to Petition 2008-03-08-06 submitted by L J Griffin Funeral Home, requesting site plan approval in connection with a proposal to expand the parking lot of the funeral home located on the northwest corner of Wayne Road and Joy Road (8809 Wayne Road), in the Southwest 1/4 of Section 33, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2008-03-08-06 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Drawing A-101 dated March 7, 2008, prepared by G H Forbes Associates, is hereby approved and shall be adhered to, 2 That the Landscape Plan submitted by L J Griffin Funeral Home, as received by the Planning Commission on March 19, 2008, is hereby approved and shall be adhered to, and shall be amended in the future should the staff and the petitioner agree, 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 there shall be no outside dumpster located on the site, and all trash must be contained within the building except on the day trash is scheduled for removal, 6 That detention facilities for the additional parking lot area shall be provided and permitted by the City of Livonia, 7 That the new sidewalk along Wayne Road, as shown on the approved site plan, shall secure the necessary permits from Wayne County; 8 That all light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; Regular Meeting Minutes of May 28, 2008 36737 9 That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated April 11, 2008, 10 That the landscaped greenbelt along the west property line, as shown on the approved landscape plan, is hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 11 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the protective wall pursuant to Section 18 45, 12 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 13 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period #229-08 WHEREAS, the City of Livonia recognizes the need to make improvements to its existing Rouge Valley Sewage Disposal System, and WHEREAS, the City of Livonia authorized Orchard, Hiltz & McCliment, Inc. to prepare a Project Plan, which recommends the implementation of a Short-Term Corrective Action Plan to rehabilitate pipelines and siphons, manholes and regulators pursuant to ACO-SW 06-010, and WHEREAS, said Project Plan was presented at a Public Hearing held on May 28, 2008, and all public comments have been considered and addressed, NOW THEREFORE BE IT RESOLVED, that the City of Livonia formally adopts said Project Plan and agrees to implement the Short Term Corrective Action Plan BE IT FURTHER RESOLVED, that the City Engineer - Utilities, a position currently held by Kevin Roney, is designated as the authorized representative for all activities associated with the project referenced Regular Meeting Minutes of May 28, 2008 36738 above, including the submittal of said Project Plan as the first step in applying to the State of Michigan for a revolving fund loan to assist in the implementation of the selected alternative A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Robinson, Knapp, Godfroid-Marecki, McCann, Laura, and Toy NAYS None On a motion by Vice-President Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was #230-08 RESOLVED, that having considered an application from Raini Reid Gilmore, 31440 Curtis Road, dated April 28, 2008, requesting permission to close Curtis Road west of Merriman on Saturday, August 9, 2008, from 6 00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 10, 2008, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. A communication from Father Joseph Marquis of Sacred Heart Byzantine Catholic Church, 29125 West Six Mile Road, Livonia, dated May 21, 2008, expressing opposition to the proposed retail liquor store (H & A Ventures) to be located at 29241 - 29243 Six Mile Road, was received and placed on file for the information of the Council (Petition 2007-10-02-39) A communication from Pastor Stephen Sheridan of Bethel Baptist Temple of Livonia, 29475 West Six Mile Road, Livonia, dated May 25, 2008, expressing opposition to the proposed retail liquor store (H & A Ventures) to be located at 29241 - 29243 Six Mile Road, was received and placed on file for the information of the Council (Petition 2007-10-02-39) Regular Meeting Minutes of May 28, 2008 36739 A communication from the Planning Commission, dated May 20, 2008, re list of notifications sent out with regard to the Planning Commission Public Hearing of December 11 , 2007, re waiver use petition as submitted by H & A Ventures for the proposed liquor license transfer to the location of 29241 - 29243 Six Mile Road, was received and placed on file for the information of the Council (Petition 2007-10-02-39) Father Joseph Marquis, Sacred Heart Byzantine Catholic Church, 28125 West Six Mile Road, Livonia, addressed Council to express concerns about having a liquor store so near to the Church as well as concern for the safety of his parishioners Father Marquis also informed Council the Church did not receive notice of the proposed liquor license transfer to the location of 29241 - 29243 Six Mile Road, as submitted by H & A Ventures (Petition 2007-10-02-39) Pastor Stephen Sheridan, Bethel Baptist Temple of Livonia, 29475 West Six Mile Road, Livonia, requested Council reconsider allowing the transfer of a liquor license for H & A Ventures, Inc to the location of 29241 - 29243 Six Mile Road Pastor Sheridan suggested Council also reconsider allowing check cashing stores and liquor stores being located so near to a Church and encouraged Council to create a more positive business model within the City and for the safety of its citizens (Petition 2007-10-02-39) Oday Hassan, 28900 Savoie Court, Livonia, expressed concern re his children being dropped off at a bus stop so near to the proposed liquor store and requested Council vote no on the lis matter (Petition 2007-10-02-39) Father Joseph Marquis, Sacred Heart Byzantine Catholic Church, addressed Council again to re-state his Church never received notice of the proposed liquor license transfer for H & A Ventures and suggested such notices should be sent via certified mail so the recipients are required to sign for the notice Father Marquis reiterated his opposition to the proposed liquor store being located at 29241 - 29243 Six Mile Road and inquired if the City must obtain the Church's approval to proceed with this matter (Petition 2007-10-02-39) Diane Pearson, 37628 N Laurel Park Drive, addressed Council to express her opposition to the proposed liquor license being transferred to the location of 29241 - 29243 Six Mile Road as submitted by H & A Ventures and inquired whether Council has ever investigated reversing a decision to approve a liquor license (Petition 2007-10-02-39) Regular Meeting Minutes of May 28, 2008 36740 Peter Smike, 18221 Fox, Redford, addressed Council to express his opposition re the proposed liquor license being transferred to the location of 29241 - 29243 Six Mile Road as submitted by H & A Ventures and requested Council reconsider this type of business model and not pass Resolutions which would allow check cashing stores and liquor stores to be in such close proximity to each other (Petition 2007-10-02-39) On a motion by Laura, seconded by Vice-President Godfroid-Marecki, and unanimously adopted, it was #231-08 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 15, 2007, and a subsequent letter from the Michigan Liquor Control Commission, dated October 30, 2007, and the report and recommendation of the Chief of Police, dated May 2, 2008, in connection therewith, approved for submission by the Mayor, the Council does hereby determine that it has no objection to and does recommend approval of the request from H & A Ventures, Inc. for a new SDM license and for transfer of ownership of an escrowed 1999 SDD license from Mai Kai Wine Shoppe, Inc and to transfer location from 34731 Plymouth Road, Livonia, Michigan 48150 to 29241 - 29243 Six Mile, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by McCann, seconded by Robinson, and unanimously adopted, it was #232-08 RESOLVED, the Council does hereby refer to the Law Department to research the possibility of amending the Zoning Ordinance to require a 500 foot separation between check cashing stores and SDD/SDM licensed stores On a motion by Vice-President Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was #233-08 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 6, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the lease of five (5) acres of City-owned property located at 32000 Glendale Avenue as requested by Mid-Michigan Recycling, L.0 , G-5310 N Dort Highway, Flint, Michigan 48505 ("Mid-Michigan"), to grind specific Regular Meeting Minutes of May 28, 2008 36741 biomass for disposal and transfer woodchip material to an out-source location for period ending December 31, 2008, subject to the conditions that Mid-Michigan 1 Provide a Certificate of Insurance on all contractor operations, 2 Seek and receive all permits required from the State of Michigan, the City of Livonia, and other governmental entities as required, 3 Enforce the City of Livonia's strict policy of no hunting and no trespassing, noting all violations and advising violators to quit the premises forthwith, 4 Hold harmless the City and its agents for wrongdoing occurring on the site that are the direct result of the contractor's occupancy; 5 Provide all grinding equipment, support equipment and personnel necessary and grind in a timely manner all waste wood delivered to the premises, 6 Retain total dispensation of all tree material entering the premises, 7 Secure the site as directed by the Department of Public Works, 8 Remove any tracked out material on Glendale Road as requested by Department of Public Works personnel, 9 Keep the premises dust free in accordance with the permit issued by the Wayne County Health Department Air Pollution Control Division, 10 Abide by all existing laws and regulations, both local and State, pertaining to contamination, erosion, siltation and pollution of watercourses, 11 Abide by all local ordinances, 12 Pay $2,000 00 per month to the City beginning with the commencement date of activities for duration of the Agreement; 13 Accept and dispose of wood waste from the City, and contractors working for the City, at no charge, and Regular Meeting Minutes of May 28, 2008 36742 14 Upon completion of activities, restore all disturbed ground by leveling and seeding to the City of Livonia's satisfaction And the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company, subject to approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution On a motion by Meakin, seconded by Laura, it was #234-08 RESOLVED, that having considered a communication from the City Planning Commission, dated April 11, 2008, which sets forth its resolution 04-27-2008 adopted on April 8, 2008, with regard to Petition 2008-03-01-01, submitted by Sam Baki and Joan Ketchum for a change of zoning of property located on the southeast corner of Hugh Avenue and Norfolk Avenue (20280 Hugh), from RUFA to R-1 (Rural Urban Farm — 1/2 Acre Lots to One Family Residential — 60' x 120' Lots), in the Northeast 1/4 of Section 2, and the Council having conducted a public hearing with regard to this matter on May 19, 2008, the Council does hereby approve Petition 2008-03-01-01 for preparation of the Ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Robinson, Godfroid-Marecki, Laura, and Toy NAYS Knapp and McCann The President declared the resolution adopted On a motion by Knapp, seconded by Meakin, it was #235-08 RESOLVED, that having considered a communication from the Department of Law, dated May 19, 2008, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Karen Maston v City of Livonia Regular Meeting Minutes of May 28, 2008 36743 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Robinson, Knapp, Godfroid-Marecki, McCann, Laura, and Toy NAYS None The President declared the resolution adopted All Council members individually congratulated McCann for his 20 years of dedicated service to the City McCann thanked the Council members and staff McCann also thanked his wife, Linda, for the support she has given him throughout the years There was no Audience Communication at the end of the meeting On a motion by Meakin, seconded by Laura, this 1,609th Regular Meeting of the Council of the City of Livonia was adjourned at 9 15 p m AI, AVM.11Lai Linda Grimsby, City Clerk