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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-02-28 36100 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SEVENTY-NINTH REGULAR MEETING OF FEBRUARY 28, 2007 On February 28, 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 8 00 p m. Councilmember Robinson led the meeting with the Pledge of Allegiance Roll was called with the following result: Thomas Robinson, Gerald Taylor, Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, and James McCann Absent; None Elected and appointed officials present: Mayor Jack Engebretson, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Robert Biga, Human Resources Director; Karen Kapchonick, Superintendent of Parks & Recreation, Peter Kunst, Director of Public Safety; Robert Stevenson, Chief of Police, Mark Johnson, Parks & Recreation Commission, Laura Cox, Wayne County Commissioner; and Robert Ficano, Wayne County Executive On a motion by Knapp, seconded by Taylor, it was #60-07 RESOLVED that the Minutes of the 1,578th Regular Meeting of the Council held February 14, 2007 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Meakin, Godfroid-Marecki, Laura and McCann NAYS None PRESENT Taylor Regular Meeting Minutes of February 28, 2007 36101 The President declared the resolution adopted Mayor Engebretson was present to announce that three (3) awards had been received from the Michigan Recreation and Park Association The Livonia Parks & Recreation Fall Brochure received the State Marketing Award A plaque was presented to the Superintendent of Parks & Recreation, Karen Kapchonick. The Mayor then announced that the Livonia Anniversary Committee (SPREE) had received a 2006 Michigan Recreation and Park Association Community Service Award He presented a plaque to Livonia Anniversary Committee President Richard Skaggs Bill Fried and Ken Rogman of SPREE were also present. Wayne County Commissioner Laura Cox and Wayne County Executive Bob Ficano also presented a commendation to SPREE on behalf of Wayne County Lastly, the Mayor announced that Veterans' Memorial Plaza had been selected to be honored as a Michigan Recreation and Park Association Site Design winner Mayor Engebretson thanked Wayne County for all of their help with Veterans' Plaza, including significant funding He then presented Wayne County Executive Bob Ficano and Wayne County Commissioner Laura Cox a plaque in appreciation The Mayor also presented plaques to Fernon Feenstra, Committee Chairman, Ben Tiseo and Kimberly Lapinski of Tiseo Architects and Ed Crawley and Jack Fegan, Project Managers The Mayor also thanked Alan Helmkamp and Sue Daniel for their contributions to the project. Then Wayne County Commissioner Laura Cox and Wayne County Executive Bob Ficano presented a commendation to Committee Chairman Feenstra on behalf of the County At the direction of the Chair, item #4 was removed from the Consent portion of the agenda On a motion by Knapp, seconded by Godfroid-Marecki, it was #61-07 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc., dated February 2, 2007, requesting approval of the following items 1 The issuance of a permit to Wade Shows to conduct carnival amusement rides at Ford Field and Veterans' Park, as part of this year's SPREE-57 Celebration, on June 19, 20 and 21, 2007, from 2 00 p m to midnight and on June 22, 23, and 24, 2007, from 12 00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc. being identified as additional insured on Wade Shows' general liability insurance policy; 2 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, June Regular Meeting Minutes of February 28, 2007 36102 24, 2007, at approximately 10 15 p m , which display will be fired by American Fireworks, Inc , subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc , being designated as additional insured on their policy; 3 Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Henry Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Hockey Association and the City of Livonia) and Veterans' Park during the period of the SPREE-57 celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia, and 4 A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups authorized to participate in SPREE-57 by the Anniversary Committee, the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #62-07 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc., dated February 2, 2007, wherein it is requested that the following City streets be closed to through traffic from 8 00 a m on June 18, 2007, through 12 00 noon on June 25, 2007 (Monday through Monday) Stark Road from the Family Y, 14255 Stark, to Lyndon Lyndon from Farmington Road to Stark Road the Council does hereby concur in and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby request that Farmington Road be closed from Five Mile Road to the I- 96 overpass on Sunday, June 24, 2007, between the hours of 8 30 p m and 11 30 p m or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. David Studt is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Regular Meeting Minutes of February 28, 2007 36103 Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2007 Anniversary Celebration, including signs on the barricades indicating "local business and residents only " #63-07 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc , dated February 2, 2007, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc , for permission to display banners advertising SPREE-57 on Farmington Road and Five Mile Road from May 28, 2007 through July 1, 2007, and to display 4' x 8' signs at City Hall and Ford Field from May 28, 2007 through July 1, 2007, at no additional cost to SPREE, FURTHER, the Council does hereby permit the Livonia Anniversary Committee, Inc to acknowledge supporters with banners and signage not to exceed 3' x 5' in size on Ford Field and the ball diamonds only from June 19, 2007 to June 24, 2007, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #64-07 RESOLVED, that having considered a letter from Martin J Knorp, President of Wolverine Sports and Conservation Club, dated January 17, 2007, the Council does hereby take this means to indicate that Wolverine Sports and Conservation Club is recognized as a non- profit organization operating in the community, and the action herein being taken for the purpose of affording Wolverine Sports and Conservation Club an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #65-07 RESOLVED, that having considered a communication from the Mayor, dated February 9, 2007, concerning the reappointment of Richard W McDowell to the Board of Ethics, and pursuant to Section 2.200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Richard W McDowell, 19538 Norwich, Livonia, Michigan 48152, to the Board of Ethics for a three year term commencing March 1, 2007 and expiring March 1, 2010 #66-07 RESOLVED, that having considered a communication from the City Clerk, dated February 7, 2007, forwarding an application submitted by Kelly Hover, 32317 Birchwood Street, Westland, Michigan 48186, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Regular Meeting Minutes of February 28, 2007 REVISED 36104 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 #67-07 RESOLVED, that having considered a letter from the City Clerk, dated February 12, 2007, in accordance with the provisions of Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council does hereby appoint Larry Henney, 14888 Brookfield, Livonia, Michigan 48154, as a Democratic member of the Board of Canvassers of the City of Livonia, to fill the unexpired term of Al Churchill, ending December 31, 2009, provided that Mr Henney takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk, FURTHER, in the event of illness or absence of this member, the City Clerk is hereby authorized to appoint a temporary member to serve on the Board of Canvassers in accordance with the provisions of Section 30g of 1963 PA 65 (MCLA 168 30g), as amended #68-07 RESOLVED, that having considered a communication from the City Clerk, dated February 12, 2007, which bears the signature of the Director of Finance, the Council does hereby accept the proposal submitted by DSS Corporation, 18311 W 10 Mile Road, Suite 200, Southfield, Michigan 48075, for the scanning of birth and death records and creation of CD-roms using the laserfiche viewing software at a cost not to exceed $15,967 68, the same to be expended from funds already budgeted in Account No 101-111-818-000 for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #69-07 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated February 6, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit bid price of Dearborn Lithograph, Inc , 12380 Globe St., Livonia, Michigan 48150, for typesetting, printing, sorting and delivering to the Post Office, the 16 page publication of the City Newsletter to be published four times a year, for the price of $6,109 00 per publication, for a three year period from April 1, 2007 through March 31, 2010, said unit prices having been in fact the lowest bid received for this item and meets all specifications #70-07 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated January 29, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the Regular Meeting Minutes of February 28, 2007 36105 extension of the Weed Cutting Contract 99-A, commencing January 1, 2007, and expiring on December 31, 2007, with Michigan Grounds Management, 14931 Farmington Road, Livonia, Michigan 48154, under the same rates, terms and conditions as the 1999 contract; FURTHER, the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is completed, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected, and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #71-07 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated February 6, 2007, approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on February 1, 2007, and the report and recommendation of the Director of Community Resources, dated January 25, 2007, requesting approval of grant classifications and pay rates for fiscal year 2006-2007, the Council does hereby approve the revised grant classifications and pay rates (representing a 5% rate increase over current rates) as recommended for fiscal year 2006-2007 through the Department of Community Resources for the period December 1, 2006, through November 30, 2007, with the only benefit provided being holiday pay after the completion of 480 hours subject to sufficient funding and these positions shall terminate at such time funding is no longer available #72-07 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 6, 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 3713 02/07, the Council does hereby accept the bid of S L.0 Meter Service, Inc , 10375 Dixie Highway, Davisburg, Michigan 48350, for supplying the Public Service Division (Water Maintenance Section) with copper water tubing at the unit prices bid for the estimated total cost of $15,570 00 for the 2007 calendar year, the same having been in fact the lowest bid received and meets all specifications #73-07 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 6, 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 Regular Meeting Minutes of February 28, 2007 36106 WS 3714 02/07, the Council does hereby accept the bid of S L C Meter Service, Inc , 10375 Dixie Highway, Davisburg, Michigan 48350, for supplying the Public Service Division (Water Maintenance Section) with water service parts and fittings at the unit prices bid for the estimated total cost of $18,474 30 for the 2007 calendar year, the same having been in fact the lowest bid received and meets all specifications #74-07 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 6, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 3715 02/07, the Council does hereby accept the bid of S L C Meter Service, Inc., 10375 Dixie Highway, Davisburg, Michigan 48350, for supplying the Public Service Division (Water Maintenance Section) with water main repair clamps at the unit prices bid for the estimated total cost of $18,454 76 for the 2007 calendar year, the same having been in fact the lowest bid received and meets all specifications #75-07 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated February 8, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of National Ready-Mix, Inc., 39000 Ford Road, Westland, Michigan 48185, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 2007, through March 31, 2008, for an estimated total amount of $38,000 00, said estimated cost and unit prices having been in fact the lowest bid received for this item and meets all specifications, FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second lowest bid (which also meets specifications) of Clawson Concrete Co , 27575 Wixom Road, Novi, Michigan 48376, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 2007, through March 31, 2008, for an estimated total amount of $38,950 00, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted in Account No 101-463- 782-000 (Road Maintenance Section) for this purpose #76-07 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated February 2, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division Regular Meeting Minutes of February 28, 2007 36107 (Road Maintenance Section) with aggregate materials specified at the unit prices bid for the 2007 calendar year requirements 1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 M D O T - 21 AA - Limestone $ 9 55 per ton M D O T - 22A 8 00 per ton W C R.0 - Porous Backfill - Grade A 5 60 per ton W C R.0 - Porous Backfill - Grade B 10 75 per ton W C R.0 - 2MS - Mortar Sand 8 95 per ton 60-40 Washed - Conc Aggregates 10 90 per ton Pea Gravel 11 05 per ton 10AS Aggregate Stone 13 75 per ton 2 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209 W C R C - 22X $ 6 79 per ton WCR.0 - 3A 1258 per ton W C R.0 - 30A (Slag) 11 68 per ton 3 x 1 Blast Furnace Slag 12 58 per ton 3 Jackie's Transport, 7811 Chubb Road, Northville, Michigan 48167 W C R.0 - 2NS - Natural Sand $ 7 70 per ton 1" to 3" Crushed Concrete 8 55 per ton 4 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan 48170 Ag-Lime - "Parks" $ 10 05 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid for the 2007 calendar year requirements 1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 W C R.0 - 22X $ 7 10 per ton Ear W C R.0 - 3A 13 20 per ton W C R.0 - 2NS - Natural Sand 8 10 per ton 1" to 3" Crushed Concrete 9 00 per ton Ag-Lime - "Parks" 10 75 per ton Regular Meeting Minutes of February 28, 2007 36108 2 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209 M D O T - 22A 9 25 per ton 60-40 Washed - Conc Aggregates 14 50 per ton 10A Aggregate Stone 14 50 per ton 3 Jackie's Transport, 7811 Chubb Road, Northville, Michigan 48167 W C R C - 30A (Slag) $ 11 85 per ton W C R.0 - Porous Backfill - Grade A 5 85 per ton W C R.0 - Porous Backfill - Grade B 11 05 per ton W C R C - 2MS - Mortar Sand 9 00 per ton Pea Gravel 12 45 per ton 3 x 1 Blast Furnace Slag 12 75 per ton 4 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan 48170 M D O T 21AA - Limestone $ 10 35 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Road Maintenance Section) for this purpose #77-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated January 26, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of South Huron Industrial, Inc., 27903 Cooke Street, Flat Rock, Michigan 48134, for delivery and application of liquid calcium chloride on gravel roads and gravel parking lots for the City's 2007 calendar year requirements, for the estimated total amount of $18,550 00, based on the Public Service 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 which meets all specifications, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $18,550 00 from funds already budgeted for this purpose in Account No 101-463-782-000 (Road Maintenance Section), FURTHER, the bid of Suburban Oil Company is hereby rejected for the reasons indicated in the attachment. #78-07 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant Superintendent of Public Service, dated January 29, 2007, which bears Regular Meeting Minutes of February 28, 2007 36109 the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, in connection with the 2007 Household Hazardous Waste Collection Program that will allow the City of Livonia and Northville/Northville Township to conduct joint collection events for their residents, the Council does hereby determine as follows • To authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract with The Environmental Quality Company, 1010 Rawsonville, Ypsilanti, Michigan 48198, to provide services for the 2007 Household Hazardous Waste Collection Program, the Livonia event being held on May 5, 2007 at Ford Field, the same to be funded from amounts already budgeted in Account No 205-527-818-035 (Municipal Refuse Fund) for this purpose, • To waive the formal bidding process in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, since no advantage to the City would result from competitive bidding, and • To authorize payment to the City of Northville, 215 West Main Street, Northville, Michigan 48167-1540, for Livonia residents' use of the Northville/Northville Township Household Hazardous Waste Drop-Off event on September 22, 2007, from funds already budgeted in Account No 205-527-818-035 (Municipal Refuse Fund), based upon the price of $31 00 per vehicle for Livonia residents using the Northville site #79-07 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated January 26, 2007, 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 1 Two (2) 2008 Ford Econoline E-250 Vans (Mich Spec. 3958- 0039) in the amount of $14,865 00 each, for a total cost of $29,730 00 to be assigned to the Public Service Division, Building Maintenance Section, 2 Two (2) 2008 Ford F-250 4 x 4 Extended Cab Pickup Trucks (Mich Spec 3958-0088) in the amount of $22,629 00 each, for a total cost of $45,258 00, to be assigned to the Public Service Division, Road Maintenance Section, Regular Meeting Minutes of February 28, 2007 36110 3 One (1) 2008 Ford F-350 4 x 4 Pickup Truck (Mich Spec. 3958- 0098) in the amount of $29,263 00, to be assigned to the Public Service Division, Road Maintenance Section, 4 Thirteen (13) 2008 Ford Escape SUVs (Mich Spec 3958-0018) in the amount of $16,284 38 each, for a total cost of $211,697 00, with nine of these vehicles being assigned to the Inspection Department, one to the Office of the City Clerk, one to the Assessment Department, and two to Administration, and 5 One (1) 2008 Ford Freestar Van (Mich Spec. 3958-0042) in the amount of $15,016 00, to be assigned to the Department of Community Resources, from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48183, in the total amount of $330,964 00, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 401-000-985-000, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan bid prices (under Contract No 071B6200079), as well as for the additional 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, FURTHER, the Council does hereby authorize the disposal of nineteen (19) surplus City-owned vehicles at public auction after receipt of the new vehicles #80-07 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Superintendent of Public Service and the Housing Director, dated January 25, 2007, 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 two (2) 2008 Dodge Chargers, including the 27E Package (Mich Spec 3905-0005), in the amount of $16,893 36 each, for a total cost of$33,786 72, from Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue, Lansing, Michigan 48911, in the total amount of $33,786 72, the same to be expended from the following accounts $16,893 36 from Equipment Maintenance Capital Outlay Account No 401-000-985-000, $5,912 68 from Silver Village Account No 296-831- 982-000, and $10,980 68 from Federal Housing Account No 822, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071 B6200084), as well as for the additional reasons indicated in the Regular Meeting Minutes of February 28, 2007 36111 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 #81-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 29, 2007, approved for submission by the Mayor, the Council does hereby authorize the release to Newport Park, L.L.0 , 31355 West 13 Mile Road, Suite 200, Farmington Hills, MI 48334, the proprietor of the Newport Park Condominiums (formerly the Livonia Villas Condominium Development), located on the east side of Middlebelt Road, between Joy Road and Grandon, in the Southwest 1/4 of Section 36, of the financial assurances previously deposited with respect to the General Improvement Bond, in the sum of $10,000 00 (cash), pursuant to Council Resolution 739-01 adopted on November 21, 2001, FURTHER, all other financial assurances (including the Landscape/Entrance Marker Bond) now on deposit with the City, if any, with respect to this condominium development shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #82-07 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2007, which transmits its resolution 01-10-2007 adopted on January 30, 2007, with regard to the request for approval of the Landscape Plan submitted by BNR Investors, L L C , in connection with Petition 2006-01-08-02, which previously received approval on April 12, 2006 (Council Resolution No 166-06) for the development of the Cade Meadows Site Condominiums on property located on the south side of Ann Arbor Trail, between Newburgh Road and Dowling Avenue (36905 Ann Arbor Trail), in the Northwest '/4 of Section 32, the Council does hereby concur in the recommendation of the Planning Commission and the Landscape Plan in connection with Petition 2006-01-08-02 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plan marked dated January 12, 2007, prepared by South Hill Construction Company, is hereby approved and shall be adhered to, except that the Petitioner will work with Staff to substitute certain trees in accordance with the City's Recommended Tree Species list; 2 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; Regular Meeting Minutes of February 28, 2007 36112 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, l"" 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, and 5 That all other conditions imposed by Council Resolution 166-06, which granted approval for the construction of a site condominium development, shall remain in effect to the extent that they are not in conflict with the foregoing conditions #83-07 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2007, which transmits its resolution 01-13-2007, adopted on January 30, 2007, with regard to a request from Rosco's Deli Coney Island to amend the Site Plan by modifying one of the conditions of approval in connection with Petition 2005-10-08-20, previously approved in Council Resolution 580-05, adopted on December 12, 2005 for the renovation of the exterior of the restaurant located on the north side of Plymouth Road, between Levan Road and Market Street (36480 Plymouth Road), in the Southwest 1/4 of Section 29, the Council does hereby concur in the recommendation of the Planning Commission and the revised site plan in connection with Petition 2005-10-08-20 is hereby approved, subject to the following conditions 1 That the existing flagpole on the property shall be allowed to remain in its present location, 2 That Condition #12 of Council Resolution 580-05 shall be amended to delete any reference to the flagpole and shall read as follows That this approval is subject to the removal of the existing nonconforming ground sign, and 3 That all other conditions imposed by Council Resolution 580-05, which granted approval to renovate the exterior of the restaurant, shall remain in effect to the extent that they are not in conflict with the foregoing conditions #84-07 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2007, which transmits its resolution 01-11-2007, adopted on January 30, 2007, with regard to a request from Talon Development Group, on behalf of The Learning Experience to amend the site plan and conditions of approval in connection with Petition 2006-03-08-06, previously approved in Regular Meeting Minutes of February 28, 2007 36113 Council Resolution 251-06, adopted on May 24, 2006, for the construction of a childcare facility on property located at 37555 Seven Mile Road, on the north side of Seven Mile Road between Victor Parkway and Bethany Road in the Southeast 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and the revised site plan in connection with Petition 2006- 03-08-06 is hereby approved, subject to the following conditions. 1 That Condition #1 of Council Resolution 251-06 shall be amended to read as follows That the maximum number of children licensed for care at this facility shall be two hundred six (206), and 2 That all other conditions imposed by Council Resolution 251-06, which granted approval for the construction of a childcare facility, shall remain in effect to the extent that they are not in conflict with the foregoing conditions A communication from the Department of Law, dated January 22, 2007, re Administrative Response to Council Resolution 507-06, legal remedies and/or revenue sources for erosion problems involving Bell Creek and Bakewell Drains, was received and placed on file for the information of the Council (CR 384- 02 and CR 222-96) #85-07 RESOLVED, that having considered a communication from the Department of Law dated January 22, 2007, submitted pursuant to Council Resolution 507-06, in connection with the erosion problems involving Bell Creek Drain and Bakewell Drain, the Council does hereby request that the Administration send a letter to Congressman McCotter to try to obtain funding for soil erosion problems involving creeks and drains in the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result: AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki, Laura,and McCann NAYS None Vivian Garling, 16135 Bell Creek Court, addressed erosion problems in her backyard Regular Meeting Minutes of February 28, 2007 36114 On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #86-07 RESOLVED, that having considered a letter from Ara Telbelian, Director, System Promotions for Henry Ford Health System, dated January 22, 2007, requesting permission to display banners on nine (9) light poles located within the privately-owned parking lot on property located at 29200 Schoolcraft Road, which banners shall be 30" x 94" in size and shall be installed 15 ft. above grade in order to clear vehicular traffic, as part of their 90th Anniversary Celebration, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Paul Zafarana, Stanley Thomas Associates, Inc , was present at the meeting to answer questions of Council He also submitted additional banner designs An illustration of additional banner designs, dated February 28, 2007, re the request of Henry Ford Health System to display banners within their parking lot located at 29200 Schoolcraft Road as part of their 90th Anniversary Celebration, was received and placed on file for the information of the Council Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 12, CHAPTER 16 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki, Laura,and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Regular Meeting Minutes of February 28, 2007 36115 Superintendent of Parks and Recreation Karen Kapchonick introduced Chuck Bien's daughter, Lynda Lewis-Parant, who thanked the City for the recognition given her father The Council President relinquished the gavel to the Vice President at 8.29 p m. On a motion by Taylor, seconded by Robinson, it was #87-07 RESOLVED, that having considered a communication from the Mayor, dated February 9, 2007, concerning the reappointment of James R. McCann to the Board of Ethics, and pursuant to Section 2.200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of James R. McCann, 15722 Golfview, Livonia, Michigan 48154, to the Board of Ethics for a three year term commencing March 1, 2007 and expiring March 1, 2010 A roll call vote was taken on the foregoing resolution with the following result. AYES Robinson, Taylor, Meakin, Godfroid-Marecki, Laura and Knapp NAYS None The Vice President declared the resolution adopted The President resumed the gavel at 8 30 p m On a motion by Godfroid-Marecki, seconded by Taylor, it was #88-07 RESOLVED, that having considered a communication from the Human Resources Director, dated February 2, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on January 17, 2007, wherein the Commission recommended that the classification of Police Crime Analyst be established as a permanent, full-time unrepresented classification, the Council does hereby concur in the recommendation of the Civil Service Commission and does hereby approve the establishment (and proposed qualifications) of the classification of Police Crime Analyst as a permanent full-time unrepresented classification with the following pay range STEP HOURLY RATE ANNUAL WAGE L. Step 1 $21 64 $45,011.20 Step 1 5 $22 07 $45,905 60 Regular Meeting Minutes of February 28, 2007 36116 Step 2 $22 51 $46,820 80 Step 3 $23 41 $48,692 80 Step 4 $24 34 $50,627.20 Step 5 $25 32 $52,665 60 FURTHER, the Council does hereby determine that this classification shall be entitled to the same benefits as all other unrepresented administrative and professional employees of the City A roll call vote was taken on the foregoing resolution with the following result. AYES Robinson, Taylor, Knapp, Godfroid-Marecki, Laura and McCann NAYS Meakin The President declared the resolution adopted On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #89-07 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2007, which transmits its resolution 01-08-2007 adopted on January 30, 2007 with regard to Petition 2007-01-08-01 submitted by Overseas Motors Inc , requesting site plan approval in connection with a proposal to construct an addition to the existing auto sales and service dealership located on the Northwest corner of Plymouth Road and Hubbard Avenue (32400 Plymouth Road), in the Southwest 1/4 of Section 27, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Sam Demrovsky, 33600 Cindy Lane, Livonia, was present to answer questions of Council On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #90-07 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Majeske Machine, Inc , dated December 6, 2005, covering new industrial facilities to be located within City of Livonia Industrial Development District No 100, and Regular Meeting Minutes of February 28, 2007 36117 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 Majeske Machine, Inc 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 , on February 12, 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, Majeske Machine, Inc , 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 government 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 Majeske Machine, Inc., covering new industrial facilities to be located within the City of Livonia Industrial Development District No 100, for 7 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a letter of agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board 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 Regular Meeting Minutes of February 28, 2007 36118 On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #91-07 WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia, comprised of an area more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 104", and WHEREAS, written notice has been given by certified mail to Admiral Tool & Manufacturing of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 104, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 104, and WHEREAS, on February 12, 2007 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 104, at which time Admiral Tool & Manufacturing and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Admiral Tool & Manufacturing attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described above 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 104" Regular Meeting Minutes of February 28, 2007 36119 EXHIBIT A Lot Number 7 of Globe Industrial Subdivision, part of the Southwest 1/4 of Section 29, T 1 5 , R 9 E , Wayne County, City of Livonia On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #92-07 RESOLVED, that having considered a communication from the Department of Law, dated February 16, 2007, wherein it is requested that Council Resolution 584-04 be amended to correct the legal description of the tax-foreclosed property located at 38900 Six Mile Road, previously conveyed to the Trinity House Theater, the Council does hereby amend and revise Council Resolution 584-04 so as to read as follows RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 23, 2004, submitted pursuant to Council Resolution 33-03, in connection with possible conveyance of the tax-foreclosed property located at 38900 Six Mile Road to the Trinity House Theater, the Council does hereby approve the conveyance of the portion of the property as set forth in the following legal description Legal Description for Theater: (Includes front parking lot and areas 3' west, 12' north and 5' east of building currently occupied by a sanitary service, fenced rear storage area and air conditioning compressor) Part of the Southwest 1/4 of Section 7, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant Due East 1157.22 feet and N 00°32'50" W , 60 00 feet from the Southwest corner of said Section 7 and proceeding thence N 00°32'50" W , 57 00 feet; thence Due East 72 00 feet; thence N 00°32'50" W , 62 00 feet; thence Due East 54 00 feet; thence S 00°32'50" E , 62 00 feet, thence Due East 39 0 feet; thence S 00°32'50" E , 57 0 feet, thence Due West 165 00 feet to the point of beginning containing 0 293 acres FURTHER, that the Trinity House Theater shall assist the City of Livonia in maintaining the Union Cemetery grounds at its expense Regular Meeting Minutes of February 28, 2007 36120 FURTHER, the City of Livonia hereby retains the ownership in fee of the cemetery property, more particularly described as follows LEGAL DESCRIPTION FOR UNION CEMETERY Part of the Southwest 1/4 of Section 7, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant Due East 1157 22 feet and N 00°32'50" W , 117 00 feet from the Southwest corner of said Section 7 and proceeding thence N 00°32'50" W , 180 00 feet; thence Due East 165 00 feet; thence S 00°32'50" E , 180 00 feet; thence Due West 39 0 feet; thence N 00°32'50" W , 62 00 feet; thence Due West 54 00 feet; thence S 00°32'50" E , 62 00 feet; thence Due West 72 00 feet to the point of beginning containing 0 605 acres FURTHER, the Department of Law is hereby requested to prepare and place in proper legal form all documents necessary to consummate this transaction, and the Mayor and City Clerk are hereby authorized to execute these documents on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was #93-07 RESOLVED, that the Council does hereby refer to the Capital Improvement Committee for its report and recommendation the subject matter of the possible construction of a new building for the 16th District Court. On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was #94-07 RESOLVED, that the Council does hereby request a report and recommendation from the administration and the Chief Judge on the subject of proposed plans for the construction of a new building for the 16h District Court. There was no audience communication at the end of the meeting Regular Meeting Minutes of February 28, 2007 36121 On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, this 1,579th Regular Meeting of the Council of the City of Livonia was adjourned at 8 50 p m , February 28, 2007 Val Vandersloot, City Clerk