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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-10-24 36465 MINUTES OF THE ONE THOUSAND FIVE HUNDRED NINETY FIFTH REGULAR MEETING OF OCTOBER 24, 2007 On October 24, 2007, 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 800 p m Councilmember Godfroid-Marecki led the meeting with the invocation Roll was called with the following result. Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, Don Knapp, Brian Meakin, and James McCann Absent: None Elected and appointed officials present: Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Kevin Roney, City Engineer (Utilities & Engineering), Karen Tesner, Director of Legislative Affairs, Val Vandersloot, City Clerk, Mayor Jack Engebretson, Michael Slater, Director of Finance, Patrick Hogan, Director of Public Works, James Inglis, Director of Housing Commission, and Judge Kathleen McCann, 16th Judicial District Court. On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #517-07 RESOLVED that the Minutes of the 1,594th Regular Meeting of the Council held October 10, 2007 are hereby approved as submitted City Clerk, Val Vandersloot, reminded residents that the General Election for City Officials will take place on Tuesday, November 6, 2007, and that voters can still request absentee ballots Meakin wished his wife, Colleen, a Happy 14th Wedding Anniversary, which occurred on Tuesday, October 23rd Regular Meeting Minutes of October 24, 2007 36466 Godfroid-Marecki wished her husband, Mark, a Happy Birthday today and also wished the Mayor and Senie Engebretson a Happy Anniversary Mayor and Senie Engebreston celebrate their 50th wedding anniversary on Friday, October 26, 2007 Russ Smith, 18138 Middlebelt Road, expressed his concerns regarding the poor conditions of businesses and homes on Middlebelt Road between Six and Eight Mile Roads, and distributed photographs of same to Council members On a motion by Knapp, seconded by Laura, and unanimously adopted, it was #518-07 RESOLVED, that having considered the complaint from Russ Smith, 18138 Middlebelt Road, the Council does hereby refer the subject of ordinance enforcement complaints on Middlebelt Road between Six Mile and Eight Mile Road to the Administration for its report and recommendation Katherine Colburn, American Montessori Academy, 14800 Middlebelt, Livonia, addressed Council regarding a request to display signs for their upcoming Rummage Sale to be held on November 10, 2007 On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was #519-07 RESOLVED, that having considered a letter from Amy J Dixon, President, AMA Parent Organization, dated October 24, 2007, which requests permission to display signs announcing their Rummage Sale to be conducted at the American Montessori Academy on Saturday, November 10, 2007, which signs will be displayed at various locations in the City, no earlier than Saturday, November 3, 2007, and removed no later than Sunday, November 11, 2007, 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 On a motion by Robinson, seconded by Taylor, and unanimously adopted, it was #520-07 RESOLVED, that having considered a letter from Evelina M Bryant, Member Northwest Detroit Coin Club, dated September 25, Regular Meeting Minutes of October 24, 2007 36467 2007, which requests permission to display signs announcing their Fall Coin Show to be conducted at the Livonia Senior Center on Sunday, November 4, 2007, which signs will be displayed at various locations in the City, no earlier than 8 00 a m on Sunday, November 4, 2007, and removed no later than 6.00 p m on Sunday, November 4, 2007, 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 #521-07 RESOLVED, that having considered a letter from Marjorie S Lynch, Coordinator, Special Events & Fundraising, Schoolcraft College Foundation, dated September 29, 2007, which requests permission to display signs announcing their annual Fall Craft Show to be conducted on Saturday and Sunday, November 10 and 11, 2007, which signs are 22" x 14" in size and will be displayed at various locations in the City, no earlier than Monday, November 5, 2007, and removed no later than Monday, November 12, 2007, 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 #522-07 WHEREAS, there exists in the City of Livonia, County of Wayne, State of Michigan (the "City"), the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local enterprise in order to strengthen and revitalize the City's economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents, and WHEREAS, a program to accomplish said purposes has been initiated by the Economic Development Corporation of the City of Livonia (the "Corporation"), and WHEREAS, a project (the "Project") has been proposed to the Corporation by Madonna University, a Michigan not-for-profit corporation and educational institution (the "University"), and WHEREAS, the Corporation in conformity with Act No 338, Public Acts of Michigan, 1974, as amended ("Act 338"), has designated the hereinafter described project area for such a Project to this Council for its approval thereof; and WHEREAS, it is also necessary for this Council to establish project district area boundaries, and Regular Meeting Minutes of October 24, 2007 36468 WHEREAS, it is also necessary for this Council to approve the appointment of two additional directors to the Board of Directors of the 1. Corporation pursuant to the provisions of Section 4(2) of Act 338, and WHEREAS, the Corporation in conformity with Act 338 is in the process of preparing and will submit a project plan (the "Project Plan") describing the project to be undertaken on behalf of the University (the "Project"), and WHEREAS, pursuant to Act 338 and the Internal Revenue Code of 1986, as amended, it is necessary to hold a public hearing concerning the Project, the Project Plan and the bonds proposed therein to be issued by the Corporation (the "Bonds"), prior to taking legislative action relating to the Project and the Bonds NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS 1 This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached 2 This Council does hereby establish as a project district area the property described in Exhibit B hereto attached 3 This Council does hereby certify its approval of the individuals listed on Exhibit C as additional Directors of the Corporation to serve in conformity with the provisions of Section 4(2) of Act 338 4 It is hereby determined that the requirements of Section 20 of Act 338 have been met and that the formation of a project citizens district council is not required 5 The Council shall meet on Wednesday, November 28, 2007, at 7 00 o'clock p m., at which time it shall conduct a public hearing on the Corporation's submission of the Project Plan and the issuance by the Corporation of the Bonds 6 The City Clerk be and is hereby directed to give notice of such public hearing by (1) publishing a notice thereof in the Livonia Observer, a newspaper of general circulation in the City; (2) posting in at least ten (10) conspicuous and public places in the project district area, and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given Regular Meeting Minutes of October 24, 2007 36469 at least fourteen (14) full days prior to the date set for said hearing 7 Said notice shall be in substantially the following form OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROJECT PLAN AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN AS SUBMITT�D TO THE LIVONIA CITY COUNCIL BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR THE MADONNA UNIVERSITY PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia (the "EDC") has submitted a Project Plan to the City Council for its approval Said Project Plan deals with the acquisition and construction of a new Science and Media Building of approximately 60,000 square feet and acquisition and construction of certain modifications, improvements and renovations to the educational facilities at Madonna University, to be located on a project area or site described as follows Parcel 1, consisting of an approximately rectangular parcel at the Northwest corner of Levan Road and Schoolcraft Service Drive (Jeffries Expressway) with approximately 1,350 feet fronting on Schoolcraft Service Drive and 1,850 feet fronting on Levan Road The street addresses of the facilities are 36600 Schoolcraft Road and 14221 Levan Road, Livonia, Michigan 48150 The Project consists generally of the construction of additions and expansions to various University buildings, acquisition of lighting, heating, air conditioning and ventilation, mechanical system, electrical system and energy management system improvements on or in various of the University's buildings, parking lot improvements, including lighting, sidewalk improvements, athletic field removal, replacements and improvements, telephone, computer, information system and communications equipment replacement and upgrade, and related work, and miscellaneous site and building improvements at the University's facilities Said Project Plan details all information required by law relative to said project and its impact on the community No persons will Regular Meeting Minutes of October 24, 2007 36470 be displaced from the project area as a result of this project. Said Project Plan also proposes the issuance of revenue bonds by the EDC in a maximum principal amount not to exceed $20,000,000 00 to assist in the financing of said project. The revenue bonds proposed to be issued shall not be a debt of the City and the City shall not be liable for the payment thereof The City Council will meet at 7 00 o'clock p m , Wednesday, the j 28th day of November, 2007, in the Auditorium at City Hall, 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing on the advisability of the Council approving, modifying or rejecting by resolution said Project Plan and the issuance of bonds as proposed therein THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act 338, Public Acts of Michigan, 1974, as amended, and of Section 147(k) of the Internal Revenue Code of 1986, as amended The Project Plan and relevant maps or plats are available for inspection at the City Planning Department. All interested citizens are encouraged and will be offered an opportunity at said hearing to address the City Council concerning said project, said Project Plan, and the bonds proposed to be issued Written comments may also be submitted to the City Clerk prior to said hearing Val Vandersloot City Clerk 8 The City Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the City to hold a public hearing and the purpose of the public hearing 9 The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation and to bond counsel 10 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded Regular Meeting Minutes of October 24, 2007 36471 EXHIBIT A PROJECT AREA LEGAL DESCRIPTION Part of the S W 1/4 of Section 20, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North & South '/4 line of Sec. 20, distant N 0 degrees 19 minutes 40 seconds West 1441 90 feet from the South 'A corner and proceeding thence S 89 degrees 54 minutes 45 seconds West 196 00 feet; thence N 0 degrees 05 minutes 15 seconds W 217 66 feet; thence South 89 degrees 54 minutes 45 seconds W , 420 21 feet, thence S 0 degrees 05 minutes 15 seconds E 50 0 feet; thence S 89 degrees 54 minutes 45 seconds W 472 89 feet, thence N 0 degrees 53 minutes 35 seconds E 257 42 feet; thence North 0 degrees 08 minutes 15 seconds W 257 38, thence N 89 degrees 54 minutes 45 seconds E 905.20 feet; thence S 0 degrees 19 minutes 40 seconds E 460 00 feet to the point of beginning That part of the W 1/2 of Sec 20, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at the S '/4 corner of Sec 20, T 1 S , R 9 E , and proceeding thence along the S line of Sec. 20, also being the centerline of Schoolcraft Rd , 204 ft. wide, S 89 degrees 59 minutes 30 seconds W 1163 47 ft., thence N 0 degrees 19 minutes 40 seconds W 1351 17 ft., thence N 89 degrees 54 minutes 45 seconds E 1163 48 ft. to a point on the N and S line of Sec 20, also being the centerline of Levan Rd , thence along N and S '/4 line of Sec. 20 S 0 degrees 19 minutes 40 seconds E 1351 90 ft. to the point of beginning Containing 36 098 acres, more or less That part of the W 'A Sec. 20, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point on the N and S '/4 line of Sec 20, distant N 0 degrees 19 minutes 40 seconds W 1351 90 ft. from the S '/4 corner of Sec 20 and proceeding thence S 89 degrees 54 minutes 45 seconds W 1163 48 ft., thence N 0 degrees 19 minutes 40 seconds W 292 62 ft., thence S 89 degrees 53 minutes 35 seconds E 257 42 ft., thence N 0 degrees 08 minutes 15 seconds W 257 38 ft., thence N 89 degrees 54 minutes 45 seconds E 905.20 ft. to a point on the N and S line of Sec. 20, also being the centerline of Levan Rd , thence along the N and S 1/4 line S 0 degrees 19 minutes 40 seconds Regular Meeting Minutes of October 24, 2007 36472 E 550 00 ft. to the point of beginning Containing 13 158 acres more or less That part of the West 1/2 of Section 20, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point on the North and South 1/4 line of Section 20 distant N 0° 19' 40" W 1351 90 ft. from the South 1/4 corner and proceeding thence S 89° 54' 45" W 690 59 ft., thozince N 0° 05' 15" W 50 00 ft., thence S 89° 54' 45" W 25 ft., thence N 0° 05' 15" W 257 66 ft., thence N 89° 54' 45" E 420.21 ft., thence S 0° 05' 15" E 217 66 ft., thence N 89° 54' 45" E 296 00 ft , thence S 0° 19' 40" E 90 00 ft. to the point of beginning, except that part used or deeded for public road purposes Commonly known as 36600 Schoolcraft Rd and 14421 Levan Rd , Livonia, Michigan EXHIBIT B PROJECT DISTRICT AREA Project District Area is coterminous with Exhibit A attached hereto EXHIBIT C PROJECT DIRECTORS. 1 Marshall Kleven 2 Mara Bloink, Branch Manager 36770 Sunnydale Independent Bank Livonia, MI 48154 37601 Five Mile Road Livonia, MI 48154 #523-07 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated September 21, 2007, which bears the signature of the Director of Finance and is approved for submission by the Director of Public Safety and the Mayor, the Council does hereby authorize the purchase of one (1) specialized Rapid Deployment Vehicle from The Armored Group, LLC, 221 West Lancaster Avenue, Suite 8008, Fort Worth, Texas 76102, in the amount of $67,950 00, FURTHER, the Council does hereby appropriate and authorize the expenditure of a total amount not to exceed $67,950 00 from State Forfeiture Account No 265-333-985- 000 for this purpose, FURTHER, the Council does hereby authorize Regular Meeting Minutes of October 24, 2007 36473 the purchase of this item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #524-07 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated October 12, 2007, which bears the signature of the Director of Finance, Director of Public Service, and City Attorney and is approved for submission by the Mayor, to which is attached a proposed contract between the City and Andrew Domzalski for providing caretaker services at Greenmead, the Council does hereby approve the selection of Andrew Domzalski, 20501 Newburgh Road, Livonia, Michigan 48152, to provide caretaker services at Greenmead on an independent contractor basis for the period from November 1, 2007, through October 31, 2009, FURTHER, the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid individual in the manner and form submitted and to do all things necessary or incidental to the full performance of this resolution #525-07 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated October 2, 2007, 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 3771 10/07, the Council does hereby approve a one-year extension of the current contract with D'Angelo Brothers, Inc., 25543 Ranchwood, Farmington Hills, Michigan 48335, 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 February 11, 2005, for the period December 1, 2007, through November 30, 2008, 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 aforesaid communication, and such action is taken in accordance Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #526-07 RESOLVED, that having considered a letter from Dan Irvin, President, Livonia Jaycees, dated October 12, 2007, which requests permission to display signs announcing their Texas Hold 'Em Tournament to be conducted at the VFW Hall on Seven Mile near Middlebelt Road on Friday, November 9, 2007, which signs are 24" x 18" in size and will be displayed at various locations in the City, no earlier than Monday, October 29, 2007, and removed no later than Saturday, November 10, 2007, the Council does hereby grant and approve this request in the manner and form herein submitted, with the Regular Meeting Minutes of October 24, 2007 36474 understanding that the City is not responsible should the signs be removed by Wayne County A roll call vote was taken on the foregoing resolutions with the following result. AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin, and McCann NAYS None On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #527-07 RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 2007, and ending November 30, 2008, as shown in the Budget Document in Section I, submitted by the Mayor to the Council on September 15, 2007, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, as modified so as to subtract the appropriation for Public Safety Director in the amount of $71,933 00 from the Fire Administration Department (101-336) and $71,933 00 from the Police Administration Department (101-304) (with the understanding that the position of Public Safety Director will be funded through January 2, 2008) and redirect said funds to the Unexpended Fund Balance, and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 8, 2007, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 16, 2007, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the Minutes of this meeting Mayor Engebretson was present to thank City Council for its cooperation in adopting the new fiscal Budget and thanked all City employees for their hard work over the past years Regular Meeting Minutes of October 24, 2007 36475 On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #528-07 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 0447 mills, of the taxable valuation of all real and personal property subject to taxation in the City ( of Livonia for the next fiscal year commencing December 1 , 2007, and ending November 30, 2008, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1.2134 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0099 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and Regular Meeting Minutes of October 24, 2007 36476 to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 1 8767 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, r for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of 0799 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1990 Street Improvement Bond, Series I, Series II, Series III and Series IV, in addition to the amount which is authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 4979 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of 7855 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, recreation personnel, equipment, supplies, facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, (i) The Council does hereby establish a tax levy of 8893 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees in the City of Livonia, in addition to the amount to be levied for general municipal purposes, Regular Meeting Minutes of October 24, 2007 36477 (j) The Council does hereby establish a tax levy of 5000 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for the City's community transit program and capital improvements within the City of Livonia, in addition to the amount to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices A communication from the Department of Finance, dated September 26, 2007, re preliminary 2007-2008 fiscal year budget, was received and placed on file for the information of the Council (CR 438-07 and CR 439-07) A communication from the Public Service Division, dated October 2, 2007, re the subject of separate water and sewer meters and the scenarios presented at the Water, Sewer, and Waste Committee meeting of October 2, 2007, was received and placed on file for the information of the Council (CR 377-07) A communication from the Public Service Division, dated October 2, 2007, re the subject of separate water and sewer meters and the Dual Water Meter Program in the City of Farmington Hills, was received and placed on file for the information of the Council (CR 377-07) A communication from the Public Service Division, dated October 2, 2007, re the subject of separate water and sewer meters and the Dual Water Meter Program in the City of Northville, was received and placed on file for the information of the Council (CR 377-07) Regular Meeting Minutes of October 24, 2007 36478 On a motion by Taylor, seconded by Knapp, it was #529-07 RESOLVED, that having considered the report and recommendation from the Water, Sewer and Waste Committee, dated October 2, 2007, submitted pursuant to Council Resolution 377-07, in connection with the subject of separate water and sewer meters, the Council does hereby determine to take no further action with regard to this matter A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, Robinson, Taylor, Knapp, Meakin, and McCann NAYS Laura The President declared the resolution adopted A communication from the Department of Law, dated October 16, 2007, re award of water main contract for the First Phase of the Water Capital Improvement Project, was received and placed on file for the information of the Council (CR 376-07) On a motion by Taylor, seconded by Knapp, it was #530-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 26, 2007, which bears the signature of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Murphy Pipeline Contractors, Inc , 11243-4 St. Johns Industrial Parkway S , Jacksonville, Florida 32246, for completing all work required in connection with the First Phase of the Water Capital Improvement Project, which consists of replacing or installing new mains at twelve locations throughout the City for the estimated total cost of$2,791,562 50 (Base Bid & Alternate B) 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 bid received for this item, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $2,791,562 50 from the bond proceeds of the 2005 Water and Sewer Bond Issuance for this purpose, and the City Engineer is hereby authorized to approve minor Regular Meeting Minutes of October 24, 2007 36479 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, R9binson, Taylor, Knapp, Meakin, and McCann NAYS Laura The President declared the resolution adopted On a motion by Meakin, seconded by Taylor, and unanimously adopted, it was #531-07 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated October 9, 2007, submitted pursuant to Council Resolution 93-07, with respect to consulting services for the construction of a new 16th District Court Building, the Council does hereby authorize the Administration to enter into negotiations regarding a proposed contract with Plante & Moran CRESA, LLC, 27400 Northwestern Highway, Southfield, Michigan 48307, to provide Owner Representation services as outlined in its proposal dated October 4, 2007, FURTHER, upon completion of such negotiations, the Mayor and City Clerk are hereby authorized to execute a contract with the aforesaid company and do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with the provisions set forth in Section 3 04 140D 2 and D 4 of the Livonia Code of Ordinances, as amended David Asker, Plante & Moran CRESA, LLC, 27400 Northwestern Highway, Southfield, Michigan was present at the meeting to answer any questions of Council On a motion by Meakin, seconded by Taylor, and unanimously adopted, it was #532-07 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated Regular Meeting Minutes of October 24, 2007 36480 October 9, 2007, submitted pursuant to Council Resolution 93-07, in connection with a proposed architectural design contract with French Associates, Inc./Neumann Smith, the Council does hereby authorize the Administration to enter into negotiations regarding a proposed contract with French Associates, Inc./Neumann Smith, 1600 Parkdale, Rochester, Michigan 48307, to provide architectural services for a new 16th District Court building as outlined in its response to the request for proposals submitted on August 23, 2007, FURTHER, upon completion of such negotiations, the Mayor and City Clerk are hereby authorized to execute a contract with the aforesaid company and do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended Christopher Schmidt, French Associates, Inc./Neumann Smith, 1600 Parkdale, Rochester, Michigan was present at the meeting to answer any questions of Council Judge Kathleen McCann, 16th Judicial District Court, was present at the meeting and thanked Mayor Engebretson and City Council for their support in the project of constructing a new building for the Court. On a motion by Meakin, seconded by Laura, it was #533-07 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated October 9, 2007, submitted pursuant to Council Resolution 50-05, regarding the future use of the former Senior Center located on Farmington Road south of Plymouth Road, the Council does hereby approve the lease of the former Senior Center located at 10800 Farmington Road, Livonia, Michigan 48150, to be used as the administrative offices for the Community Development Block Grant (CDBG) and Housing Choice Voucher Rent Subsidy Programs or other Housing or Community Development Programs for a period of ten (10) years at a monthly rate of $1,500 00, FURTHER, the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the attached Lease Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, Laura, Taylor, Knapp, Meakin, and McCann NAYS Robinson Regular Meeting Minutes of October 24, 2007 36481 The President declared the resolution adopted On a motion by Meakin, seconded by Laura, and unanimously adopted, it was #534-07 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated October 9, 2007, submitted pursuant to Council Resolution 690-00, in connection with a proposal submitted by Municipal Web Services, 369 Kimberley, Suite 200, Birmingham, Michigan 48009, to provide video streaming services to allow the broadcasting of City Council meetings on the Internet, the Council does hereby determine to take no further action with regard to this matter Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 36 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 2007-06-01-04) 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 an upcoming regular meeting Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 14 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 2007-07-01-05) 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 Regular Meeting Minutes of October 24, 2007 36482 above Ordinance was placed on the table for consideration at an upcoming regular meeting Knapp took from the table, for second reading and adoption, the following Ordinance 7 AN ORDINANCE AMENDING SECTION 18 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 2006-10-01-09) A roll call vote was taken on the foregoing Ordinance with the following result* AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was #535-07 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 2007, which transmits its resolution 09-107-2007, adopted on September 25, 2007, with regard to Petition 2007-08-02-31, submitted by James Blain Associates/Cambridge West Limited Partnership requesting waiver use approval to construct and operate a full service restaurant (Starbuck's Coffee) with drive-up window facilities on property located on the southeast corner of Six Mile Road and Haggerty Road (39209 Six Mile Road), which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-08-02-31 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No S-1 dated September 28, 2007, as revised, prepared by James Blain Associates, is hereby approved and shall be adhered to, Regular Meeting Minutes of October 24, 2007 36483 2 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property (s) would share parking and access, be supplied to the City; 3 That the Landscape Plans marked Sheet No S-2 dated August, 2007, prepared by James Blain Associates is hereby approved and shall be adhered to, except that additional measures, such as the installation of decorative fencing, bollards and/or boulders shall be installed to demarcate and protect the outdoor seating area, 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 Exterior Building Elevations Plan marked Sheet No A- 2 dated August, 2007, prepared by James Blain Associates, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face four (4") inch brick, 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 an enclosed dumpster area shall be located within a practical walking distance from the restaurant and the distance and location shall be approved by the Inspection Department; 9 That the walls of the dumpster enclosure 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, 10 That the maximum customer seating count shall not exceed a total of thirty-two (32) seats, including twenty-two (22) interior seats and ten (10) outdoor patio seats, 11 That a trash receptacle shall be provided for the outdoor patio area and shall be emptied regularly as needed, Regular Meeting Minutes of October 24, 2007 36484 12 That the traffic lane serving the drive-up service facility shall be at least twelve (12') feet in width, unless this requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 13 That a bypass lane at least twelve (12') feet in width may be omitted only if this requirement is waived by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 14 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, 15 That the signs shall not be illuminated beyond one (1) hour after this business closes, 16 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 17 That Item #1 specified in the correspondence dated August 28, 2007, from the Fire Department shall be resolved to that Department's satisfaction, 18 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for deficient building setback and deficient parking and any conditions related thereto, 19 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 20 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of this period On a motion by Meakin, seconded by Knapp, it was #536-07 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 2007, which Regular Meeting Minutes of October 24, 2007 36485 transmits its resolution 09-107-2007, adopted on September 25, 2007, with regard to Petition 2007-08-02-31, submitted by James Blain Associates/Cambridge West Limited Partnership requesting waiver use approval to construct and operate a full service restaurant (Starbuck's Coffee) with drive-up window facilities on property located on the southeast corner of Six Mile Road and Haggerty Road (39209 Six Mile Road), which property is zoned C-2, the Council does hereby waive the bypass lane requirement set forth in Section 11 03 (c)(1)a4 of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2007-08-02-31 A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin and McCann NAYS None The President declared the resolution adopted On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #537-07 RESOLVED, that having considered a communication from the City Planning Commission, dated October 2, 2007, which transmits its resolution 09-108-2007, adopted on September 25, 2007, with regard to Petition 2007-08-02-33, submitted by Beaner's Coffee requesting waiver use approval to construct and operate a full service restaurant with drive-up window facilities on property located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue (11003 Middlebelt), in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-08-02-33 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed a total of forty-three (43) seats, including twenty-three (23) interior seats and sixteen (16) exterior patio seats, 2 That both the drive-up and bypass traffic lanes for drive-thru traffic shall be at least twelve (12') feet in width for a combined total of at least twenty-four (24') feet in width unless this requirement is waived by the City Council by means of a Regular Meeting Minutes of October 24, 2007 36486 separate resolution by which two-thirds of the members of the City Council concur; 3 That at least two (2) parking spaces beyond the drive-up window shall be designated for use by drive-up window patrons unless this requirement is waived by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 4 That the installation of some type of barrier protecction around the outdoor seating area as specified in the correspondence dated September 7, 2007, from the Police Department shall be resolved to that department's satisfaction, 5 That the outdoor dining shall be conducted in a manner that will insure that sufficient clear space for pedestrian circulation and egress is maintained on the sidewalk at all times, 6 That a trash receptacle shall be provided for the outdoor patio area and shall be emptied regularly as needed, 7 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, 8 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 9 That the signs shall not be illuminated beyond one (1) hour after this business closes, and 10 That all other conditions imposed by Council Resolution #14-07, which granted approval of a revised site plan for The Village Shops of Wonderland in connection with Petition 2005-08-08- 15, shall remain in effect to the extent that they are not in conflict with the foregoing conditions On a motion by Taylor, seconded by Godfroid-Marecki, it was #538-07 RESOLVED, that having considered a communication from the City Planning Commission, dated October 2, 2007, which transmits its resolution 09-108-2007, adopted on September 25, 2007, with regard to Petition 2007-08-02-33, submitted by Beaner's Coffee requesting waiver use approval to construct and operate a full service restaurant with drive-up window facilities on property located on the Regular Meeting Minutes of October 24, 2007 36487 south side of Plymouth Road between Middlebelt Road and Milburn Avenue (11003 Middlebelt), in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby waive the bypass traffic lane requirement set forth in Section 11 03(c)(1)a4 of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2007-08-02-33 A roll call vote was taken on the foregoing resolution with the following result. AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin and McCann NAYS None The President declared the resolution adopted On a motion by Taylor, seconded by Godfroid-Marecki, it was #539-07 RESOLVED, that having considered a communication from the City Planning Commission, dated October 2, 2007, which transmits its resolution 09-108-2007, adopted on September 25, 2007, with regard to Petition 2007-08-02-33, submitted by Beaner's Coffee requesting waiver use approval to construct and operate a full service restaurant with drive-up window facilities on property located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue (11003 Middlebelt), in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby waive the requirement that at least two (2) parking spaces beyond the drive-up window be designed for use by drive-up window patrons set forth in Section 11 03(c)(1)A5 of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use petition 2007-08-02-33 A roll call vote was taken on the foregoing resolution with the following result. AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin and McCann NAYS None The President declared the resolution adopted On a motion by Knapp, seconded by Laura, it was #540-07 RESOLVED, that having considered a communication from the City Planning Commission, dated October 2, 2007, which transmits its resolution 09-109-2007, adopted on September 25, 2007, Regular Meeting Minutes of October 24, 2007 36488 with regard to Petition 2007-08-02-34, submitted by Huntington Bank requesting waiver use approval to construct and operate a bank branch with drive-up service facilities on property located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue (30111 Plymouth Road), in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-08-02-34 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No HB-1 dated August 24, 2007, as revised, prepared by Schostak Brothers & Company, is hereby approved and shall be adhered to, subject to any revisions as noted below; 2 That any parking space that abuts a pedestrian walkway shall be striped at least twenty (20') feet in length and any parking space abutting landscaping shall be permitted to be striped at eighteen (18') feet in length, 3 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking and access, be supplied to the City; 4 That the Landscape Plans marked Sheet No HB-9 dated August 24, 2007, as revised, prepared by Schostak Brothers & Company, is hereby approved and shall be adhered to, 5 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, 6 That the Exterior Building Elevations Plans marked Sheet No A4 1 and A4.2 both dated August 24, 2007, as revised, prepared by Professional Design Group, are hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face four (4") inch brick, 8 That the decorative "acorn" style luminaries, as shown on the Electrical Lighting Levels Plan marked Sheet No HB-7 dated August 24, 2007, as revised, prepared by Schostak Brothers & Company, shall not exceed a height of twenty (20') feet and Regular Meeting Minutes of October 24, 2007 36489 9 shall match the light standards and fixtures utilized in the Village Shops at Wonderland, 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, 10 That all three drive-up lanes and the bypass lane for drive-thru traffic shall each be at least twelve (12') feet in width for a combined total of at least forty-eight (48') feet in width unless this requirement is waived by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 11 That only conforming signage is approved with this petition, 12 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 13 That Item #4 specified in the correspondence dated September 10, 2007, from the Inspection Department shall be resolved to that department's satisfaction, 14 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 15 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result. AYES Laura, Robinson, Knapp, Meakin, and McCann NAYS Godfroid-Marecki and Taylor The President declared the resolution adopted A communication from Leonard Else, Leonard Else Design Associates, Inc , dated October 24, 2007, re withdrawing the petition submitted by Marash Regular Meeting Minutes of October 24, 2007 36490 Nuculaj for a Class C liquor license in connection with a full-service restaurant located at 11502 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2007-08-02-36) On a motion by Laura, seconded by Meakin, and unanimously adopted, it was #541-07 RESOLVED, that having considered a communication from the City Planning Commission, October 3, 2007, which sets forth its resolution 09-111-2007 adopted on September 25, 2007, with regard to Petition 2007-08-02-36, submitted by Marash Nuculaj, requesting waiver use approval to utilize a Class C liquor license in connection with a full-service restaurant, located on the east side of Middlebelt Road between Plymouth Road and Elmira Avenue (11502 Middlebelt) in the Northwest 1/4 of Section 36, which property is zoned C-2, the Council does hereby determine to take no further action with regard to this matter since the petitioner has formally withdrawn its request by letter dated October 24, 2007 A communication from Robert Dow, Controller, Hi-Vol Products, 12955 Inkster Road, Livonia, dated October 18, 2007, re Application for Industrial Facilities Exemption Certificate for Hi-Vol Products to cover new equipment for their facility, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Godfroid-Marecki, it was RESOLVED, that having considered an application for Industrial Facilities Exemption Certificate from Hi-Vol Products (formerly known as Lake Erie Products), dated August 15, 2007, covering new industrial facilities to be located within the City of Livonia Industrial Development District No 78, and the Council having conducted a public hearing with regard to this matter on Wednesday, September 19, 2007, the Council does hereby determine to deny this request since it is the determination of the Council that the approval of the said Industrial Facilities Exemption Certificate with respect to this property at this time would not be in the best interests of the citizens of the City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, Taylor, and McCann Regular Meeting Minutes of October 24, 2007 36491 NAYS Laura, Robinson, Knapp, and Meakin aft. The President declared the resolution failed due to lack of a majority vote On a motion by Knapp, seconded by Laura, it was #542-07 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from; Hi-Vol Products (formerly known as Lake Erie Products), dated August 15, 2007, covering new industrial facilities to be located within City of Livonia Industrial Development District No 78, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Hi-Vol Products, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Wednesday, September 19, 2007, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Hi-Vol Products, finds and determines (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the application for Industrial Facilities Exemption Certificate from Hi-Vol Products covering new equipment for their facility located within the City of Livonia Industrial Development District No 78, for 12 years 3 after completion of project. That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement Regular Meeting Minutes of October 24, 2007 36492 between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates I A roll call vote was taken on the foregoing resolution with the following result: AYES Godfrod-Marecki, Laura, Robinson, Knapp, and Meakin NAYS Taylor and McCann Robert Dow, Controller, Hi-Vol Products, 12955 Inkster Road, Livonia, was present at the meeting to answer any questions of Council Curt Chowanic, Director, Diversified Property Solutions, 26400 Lahser Road, Southfield, on behalf of Hi-Vol Products, was also present at the meeting to answer any questions of Council On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was #543-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 22, 2007, which sets forth its resolution 08-98-2007 adopted on August 14, 2007, with regard to Petition 2007-06-06-03, submitted by the City Planning Commission, pursuant to Council Resolution #247-07 and Section 23 01(b) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Sections 18 45 and 19 06 of the Zoning Ordinance to update the list of recommended tree species to be included in future site plans, and the Council having conducted a public hearing with regard to this matter on Monday, October 8, 2007, the Council does hereby approve Petition 2007-06-06-03 for preparation of the Ordinance for submission to Council, and the Department of Law is requested to prepare the Ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was Regular Meeting Minutes of October 24, 2007 36493 #544-07 RESOLVED, that having considered a communication from the Fire Chief, dated September 24, 2007, which bears the signature of the Public Safety Director and 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 donation in the amount of $125 00 from Williams Finishing, the same to be appropriated and credited to Account No 702----285-336 (Fire Community Donations) to be used for the purposes as designated by the donor On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was #545-07 RESOLVED, that having considered a communication from the Fire Chief, dated September 24, 2007, which bears the signature of the Public Safety Director and 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 donation in the amount of $500 00 from Allstate, the same to be appropriated and credited to Account No 702----285-336 (Fire Community Donations) to be used for the purposes as designated by the donor Tom Kiurski, Livonia Fire Department, was present to thank Williams Finishing and Allstate for their generous donations and support on behalf of Livonia Fire and Rescue There was no audience communication at the end of the meeting President McCann wished a Happy Belated Birthday to his daughter, Amy, who celebrated her birthday last Saturday, October 20, 2007 On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,595th Regular Meeting of the Council of the City of Livonia was adjourned at 9.21 p m Val Vandersloot, City Clerk