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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-03-10 REVISED 34518 REVISED 3/25/04 SEE REVISED PAGE 34531 MINUTES OF THE ONE THOUSAND FIVE HUNDRED EIGHTH REGULAR MEETING OF MARCH 10, 2004 On March 10, 2004, 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 delivered the invocation Roll was called with the following result: Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes, Linda Dolan, and Gerald Taylor Absent: James McCann — out of town in the service of the City Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Alden Sawyer, Director of Emergency Preparedness, Linda McCann, Director of Community Resources, James Inglis, Executive Director of Housing and Mary Rutan, Director of Human Resources On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 86-04 RESOLVED, that the minutes of the 1,507th Regular Meeting of the Council held February 25, 2004 are hereby approved as submitted During the audience communication portion of the agenda, City Clerk Val Vandersloot introduced Bill Craig, 20050 Milburn, Livonia, 48152, who received an ISA Gold Leaf Award on behalf of the City of Livonia He received this award for an Arbor Day Program from the Michigan Forestry and Park Association, Inc , in Lansing on February 16, 2004 He took this opportunity to present this award to the City Councilmembers On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 87-04 RESOLVED, that the having considered a letter from the Office of the Mayor, dated March 8, 2004, to which is attached a communication from Gary L Gottschalk, Vice-President of the West Bay Exploration Company, wherein is a proposed plan to develop the oil and gas potential of City-owned Regular Meeting of March 10, 2004 34519 lands, the Council does hereby refer this subject matter to the Committee of the Whole for a report and recommendation On a motion by Meakin, seconded by Dolan, it was CR 88-04 RESOLVED, that the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole meeting be held on Monday, March 15, 2004 at 7 00 p m for the purposes of discussing the status of ongoing labor negotiations with the Police Department. A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Dolan and Taylor NAYS None The President declared the resolution duly adopted Council President Taylor announced that a Public Hearing for the following items will be held on Wednesday, March 31, 2004 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan i Petition 2003-11-06-08 submitted by the City Planning Commission, pursuant to Council Resolution #594-03, and pursuant to Section 23 01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18 38 of Article XVIII, Section 10 03 of Article X, and Section 11 03 of Article XI of Ordinance #543, as amended, to change the off-street parking requirements for certain retail and office uses 2. Petition 2003-12-06-09 submitted by the City Planning Commission, pursuant to Council Resolutions #666-03 and #672-03, and pursuant to Section 23 01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, to determine whether or not to amend Sections 18 58 and 18 62 of Article XVIII, Sections 19 03 and 19 08 of Article XIX, Section 20 03 of Article XX, Section 21 10 of Article XXI, and Section 23 03 of Article XXIII of the Zoning Ordinance, as amended, to increase fees for the review of Site Plans, Site Condominiums, Waiver Use, Appeals brought before the City Council, Appeals brought before the Zoning Board of Appeals, Cluster Housing and Planned Residential Housing, and Rezoning petitions. On a motion by Kokenakes, seconded by Robinson, it was CR 89-04 RESOLVED, that having considered a letter from Reverend C Allen Kannapell, St. Andrew's Episcopal Church, dated February 17, 2004, which requests permission to place signs announcing an All-Parish Rummage/Garage Sale to be conducted on Friday, April 30 and Saturday May Regular Meeting of March 10, 2004 34520 L 1, 2004, which signs are double-sided and are 4' x 5' in size and which will be located on the northeast corner of Hubbard and Five Mile Roads and the northeast corner of Hubbard and Six Mile Roads, and which signs would be installed on April 30, 2004, and removed after the sale on May 1, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted CR 90-04 RESOLVED, that having considered a letter from the President of the Livonia Garden Club, dated February 19, 2004, which requests permission to display signs and banners announcing the "plant sharing" event to be held at Greenmead on Saturday, May 22, 2004, which signs are to be 25" x 15" in size and which will be displayed at various intersections in the City from Friday, May 14, 2004, through Tuesday, May 25, 2004, and one 4 x 8 banner will be placed on the fence east of the Greenmead barn on Eight Mile Road and one 4 x 8 banner will be placed on the Newburgh Road fence south of the north entrance to Greenmead, the Council does hereby grant and approve this request in the manner and form herein submitted CR 91-04 RESOLVED, the Council does hereby amend and revise Council Resolution 539-03 to read as follows RESOLVED, that having considered a letter from the Michigan L Liquor Control Commission, dated July 28, 2003, and a subsequent letter from the Michigan Liquor Control Commission, dated December 15, 2003, reflecting the fact that the request has been amended to drop Ronald Johnston as applicant stockholder with Abdallah A. Matar as sole applicant stockholder, and the report and recommendation of the Chief of Police, dated September 26, 2003, and February 13, 2004, approved for submission by the Mayor, the Council does hereby approve of the request from Livonia GR , Inc , for transfer of ownership of a 2003 Class C License with Dance-Entertainment Permit from Ground Round, Inc (a Delaware Corporation), for a business located at 17050 S Laurel Park Drive, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from the Office of the City Clerk, dated February 23, 2004, re forwarding a communication from John D Fitzgerald, Director of Financial Services of L Oakland Schools, requesting the City to collect their taxes for the year 2004 with our summer tax collection, was received and placed on file for the information of the Council Regular Meeting of March 10, 2004 34521 CR 92-04 RESOLVED, that having considered a communication from the Director of Emergency Preparedness, dated February 20, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of Information Station Specialists, 3368 88TH Avenue, Zeeland, Michigan 49464-0051, in the amount of $18,155 00, to provide the City with its own independent alert AM Emergency Advisory Radio System to be used for emergencies and other service messages, and the amount of $18,155 00 is hereby authorized to be expended from funds already budgeted in the Emergency Preparedness Budget for 2004 for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 93-04 WHEREAS, the Michigan Supreme Court issued a decision in the WPW Acquisitions v City of Troy case concerning the assessment of property taxes on commercial properties, and WHEREAS, the Supreme Court's decision has resulted in inequities as it relates to property assessments whose value is based on occupancy rates, and WHEREAS, the WPW decision declared the "additions" language for increase in occupancy is unconstitutional but did not address the offsetting "loss" language, which has a large impact on many properties in the State, and WHEREAS, prior to this decision, a commercial/industrial property owner could work with their local assessor for assessment relief if the property's occupancy rate dropped (loss), and subsequently, when the occupancy rate improved, the assessment would return to a stabilized level when the occupancy recovered (addition), and WHEREAS, this was a fair and reasonable way to help property owners who were struggling with a particular property, and the "addition" and "loss" sections of the statute worked in harmony, providing temporary relief for decrease in occupancy; and WHEREAS, since the "addition" section of the statute has been ruled unconstitutional, commercial property owners can now manipulate the system by decreasing their occupancy level to achieve a permanent reduction in their Taxable Value and then lock in non-market property taxes at a reduced level, and WHEREAS, the decision unintentionally rewards those commercial property owners who operate inefficiently and maintain high vacancy rates while penalizing those property managers who offer competitive lease rates, and Regular Meeting of March 10, 2004 34522 WHEREAS, the decision is unfair to residential taxpayers as the resulting effect will shift the property tax burden to residential taxpayers over time since, theoretically, property taxes collected from commercial properties as a percentage of total tax revenues will decrease, and WHEREAS, the potential loss in property tax revenue within the City of Livonia as a result of the Supreme Court decision is significant. Such potential revenue loss will not only impact the City of Livonia, but also the County of Wayne, Livonia and Clarenceville School Districts, the State of Michigan Education Tax, Wayne and Oakland Counties Intermediate School Districts, Schoolcraft College and the Livonia Library NOW THEREFORE BE IT RESOLVED, that the City of Livonia strongly urges its State Legislators to re-establish tax equity and correct the impact of the WPW Acquisitions v City of Troy decision by supporting legislation to remove both the additions and losses sections of the General Property Tax Act (MCL 211 34d(1)(b)(vii) and 211 34d(1)(h)(iii)) BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Granholm, State Senator Laura M Toy, State Representative John R Pastor, the MML State and Federal Affairs Division, and the Conference of Western Wayne A communication from the Department of Finance, dated February 12, 2004, re report pertaining to the investment activity of City funds for the fiscal year ended November 30, 2003, excluding investment activity of the City's pension funds, was received and placed on file for the information of the Council CR 94-04 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 11, 2004, 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 First Contracting, Inc , P 0 Box 1190, Okemos, Michigan 48805 for supplying the Housing Commission with an emergency generator for the Community Building at Newburgh Village, in an amount not to exceed $36,500 00, (which includes a $2,500 00 allowance to address unforeseen site/building conditions if necessary), the same having been in fact the lowest bid received which meets all specifications, and the amount of $36,500 00 is hereby authorized to be expended from Account No 233-800-818-668 (Community Development Block Grant Fund) for this purpose, and the Director of the Housing Commission is hereby authorized to execute a contract for and on behalf of the Livonia Regular Meeting of March 10, 2004 34523 Housing Commission with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 95-04 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 4, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein the Housing Commission has recommended certain rental adjustments with respect to Newburgh Village, the Council does hereby approve rental adjustments of$5 00 per month as follows Adjusted Rent Bedroom Size Current Rent Effective 6-1-04 One Bedroom $470 $475 Two Bedroom 540 545 The above rents exclude gas and electric utility costs CR 96-04 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 4, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein the Housing Commission has recommended certain rental adjustments with respect to Silver Village, the Council does hereby approve rental adjustments of $5 00 per month as follows A) Pre-December 1990 Residents - 21 Residents Adjusted Rent Bedroom Size Current Rent Effective 6-1-04 One Bedroom $320 $325 Two Bedroom 355 360 B) Post-December 1990 Residents - 87 Residents One Bedroom $385 $390 Two Bedroom 440 445 The above rents exclude gas and electric utility costs CR 97-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 11, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid per ton for the 2004 calendar year requirements Regular Meeting of March 10, 2004 34524 1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 MDOT - 22A - DTY $ 690 per ton WCR.0 - 22X - DTY 5 95 per ton WCR.0 - 3A - DTY 1185 per ton W C R.0 - Porous Backfill Grade A - DTY 5 10 per ton W C R.0 - Porous Backfill Grade B - DTY 9 05 per ton WCRC - 2NS - Natural Sand - DTY 7 15 per ton W C R.0 - 2MS - Mortar Sand -DTY 8 15 per ton Pea Gravel - DTY 10 50 per ton 1" to 3" Crushed Concrete - D T Y 8 60 per ton 10A Aggregate Stone - D T Y 10 00 per ton 3 X 1 Blast Furnace Slag 11 75 per ton 2 Osburn Industries, Inc., 5850 Pardee Road, Taylor, Michigan 48180 W C R.0 - 30A (Slag) - DTY $ 8 75 per ton 60-40 Washed - Conc. Aggregates - D T Y 10 90 per ton 3 Ellsworth Industries Inc., P. O. Box 5366, Plymouth, Michigan 48170 MDOT - 21AA - Limestone - D T Y $ 755 per ton Ag-Lime - "Parks 8 45 per ton FURTHER, in the event the aforesaid iow 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 2004 calendar year requirements. 1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 M D O T - 21 AA - Limestone - DTY $ 7 93 per ton W C R.0 - 30A (Slag) - DTY 9 20 per ton 60-40 Washed - Conc. Aggregates - D T Y 11 35 per ton 2 Jackie's Transport, Inc., 7811 Chubb Road, Northville, Michigan 48167 MDOT - 22A - DTY $ 695 per ton W C R.0 - Porous Backfill Grade A - D TY 5 10 per ton WCRC - Porous Backfill Grade B - DTY 9 25 per ton W C R.0 - 2NS - Natural Sand - DTY 7 00 per ton W C R.0 - 2MS - Mortar Sand - DTY 8 50 per ton 10A Aggregate Stone - D T Y 9 80 per ton Ag-Lime - "Parks" 8 60 per ton Regular Meeting of March 10, 2004 34525 3 Osburn Industries, Inc., 5850 Pardee Road, Taylor, Michigan 48180 W C R.0 - 3A - DTY $11 65 per ton W C R.0 - 2MS - Mortar Sand - DTY 8 50 per ton 4 Ellsworth Industries, Inc., P. O. Box 5366, Plymouth, Michigan 48170 W C R.0 - 2NS - Natural Sand - DTY $ 7 00 per ton Pea Gravel - DTY 10 40 per ton 1" to 3" Crushed Concrete - D T Y 8 54 per ton 5 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209 W C R.0 - 22X - DTY $ 6 33 per ton 3 X 2 Blast Furnace Slag 11 73 per ton CR 98-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 12, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2004 through April 30, 2005 1 Nagle Paving Company, 3063u W. 11 Mile Road, Farmington Hills, Michigan 48334 12 WM Asphaltic Concrete $32 00 per ton 1100 Asphaltic Concrete 27 50 per ton 20 Wearing Fine (Driveway Top) 29 00 per ton 31 M Wearing 32 00 per ton 2 Aiax Materials Corporation, One Aiax Drive, P. O. Box 71307, Madison Heights, Michigan 48071 Cold Patch Asphaltic Material (Pave 192), delivered $41 00 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2004 through April 30, 2005 Regular Meeting of March 10, 2004 34526 Ajax Materials Corporation, One Ajax Drive, P. O. Box 71307, Madison Heights, Michigan 48071 12 WM Asphaltic Concrete $30 50 per ton 1100 Asphaltic Concrete 29 50 per ton 20 Wearing Fine (Driveway Top) 31 00 per ton 31 M Wearing 31 00 per ton CR 99-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 10, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the low bid of Clawson & Killins Concrete Companies, 27575 Wixom Road, Novi, Michigan 48374, which meets specifications, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 2004 through March 31, 2005, for an estimated total amount of $54,200 00, FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second lowest bid of National Ready-Mix, Inc., 39000 Ford Road, Westland, Michigan 48185, which also meets specifications, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 2004 through March 31, 2005, for an estimated total amount of $54,980 00 CR 100-04 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated February 10, 2004, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution No 452-00 so as to have the same read as follows RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated May 10, 2000, submitted pursuant to Council Resolution 932-98, and a communication from the Director of Public Works, dated May 5, 2000, approved by the City Attorney and approved for submission by the Mayor, regarding the solid waste/recycling contract between the City of Livonia and Waste Management of Michigan, Inc , the Council does hereby accept the proposal of Waste Management of Michigan, Inc., 19200 West Eight Mile Road, Southfield, Michigan 48075, to perform solid waste collection, disposal recycling and related services for the City of Livonia for a four-year and eight month period commencing April 1, 2000, through November 30, 2004, in the amount of $23,614,488 54, FURTHER, the wording "tight-fitting covers" shall be deleted from the contract; FURTHER, a date and time Regular Meeting of March 10, 2004 34527 specified by the Director of Public Works in relation to the Hazardous Waste Day shall be included in the contract; FURTHER, Waste Management of Michigan, Inc , shall not be required to conduct a Household Hazardous Waste Program for the year 2002, 2003 and 2004, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 101-04 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated February 10, 2004, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to which is attached a Household Hazardous Waste Collection Event Standard Contract between the City of Livonia and The Environmental Quality Company to provide services for the 2004 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 2004 Household Hazardous Waste Collection Program the Livonia event being held on May 1, 2004 at Ford Field, in an amount not to exceed $75,000 00 from funds 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, in an amount not to exceed $20,000 00 for Livonia residents' use of the Northville/Northville Township Household Hazardous Waste Drop-Off event to be held on October 2, 2004, 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 CR 102-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated February 12, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a letter submitted by Robert W Polak, 7039 Neckel, Dearborn, Michigan 48126, offering the City $300 00 to Regular Meeting of March 10, 2004 34528 purchase an outdated "as-is" survey instrument that is no longer used or needed by the City, the Council does hereby accept this offer and the amount of $300 00 shall be deposited into Account No 101-000-680-000 (Sale of Fixed Assets) for this purpose, and the City Engineer is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Economic Development Director, dated February 17, 2004, re 2003 Economic Development Annual Report for the period January 1, 2003 through December 31 , 2003, was received and placed on file for the information of the Council CR 103-04 RESOLVED, that having considered the report and recommendation of the Department of Law, dated February 20, 2004, approved for submission by the Mayor, wherein it is requested that the Clean Michigan Initiative Recreation Bond Program Development Project Agreement ("Agreement") previously approved pursuant to Council Resolutions 130-03, 54- 02 and 230-01, be amended, the Council does hereby approve Amendment No 3 to amend Paragraph 2 of the aforesaid Agreement to change the time period allowed for completion of the Livonia Community Recreation Center from May 31, 2003 to August 31, 2003, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Dolan and Taylor NAYS None On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 104-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 24, 2004, submitted pursuant to Council Resolution 376-03, in connection with a communication from the City Assessor, dated June 25, 2003, approved for submission by the Mayor, with regard to a request from Feride and Cym Gocaj, 37917 Plymouth Road, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-120-02-0540-000 into two (2) parcels, the legal descriptions of which shall read as follows See Bold Print- Revised 04/13/2004 Regular Meeting of March 10, 2004 34529 PARCEL A L Lot 540, except the South 330 feet of SUPERVISOR'S LIVONIA PLAT #9, according to the plat thereof recorded in Liber 66 of Plats, Page 60, Wayne County Records. PARCEL B The South 330 feet of Lot 540 of SUPERVISOR'S LIVONIA PLAT #9, according to the plat thereof recorded in Liber 66 of Plats, Page 60, Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT, NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED Councilmember Kokenakes left the podium at 8 12 p m due to a conflict of interest. A communication from the Engineering Division, dated September 23, 2003, - L Administrative Response — re storm drainage in the vicinity of the west side of Sunset between Kenwood Court and Eight Mile Road, was received and placed on file for the information of the Council (Petition 2003-04-01-12, CR 491-03) A communication from Attorney Frank J Kokenakes, dated January 22, 2004, re advising that Mr William Sheehy, Attorney at Law, will now be representing General Properties, LLC in the matter of rezoning property located on the west side of Sunset Avenue between Kenwood Court and Eight Mile Road, was received and placed on file for the information of the Council (Petition 2003-04-01-12, CR 490-03 and 491-03) On a motion by Dolan, seconded by Meakin, and unanimously adopted, it was CR 105-04 RESOLVED, that having considered the report and L recommendation of the Committee of the Whole, dated February 24, 2004, submitted pursuant to Council Resolution 490-03, with regard to a communication from the City Planning Commission, dated June 2, 2003, which Regular Meeting of March 10, 2004 34530 sets forth its resolution 05-67-2003 adopted on May 20, 2003, with regard to Petition 2003-04-01-12, submitted by William J Sheehy, on behalf of General Properties Company, LLC, for a change of zoning of property located on the west side of Sunset Avenue between Kenwood Court and Eight Mile Road in the Northwest 1/4 of Section 2 from RUFA to R-3, and the Council having conducted a public hearing with regard to this matter on August 25, 2003, pursuant to Council Resolution 310-03, the Council does hereby approve Petition 2003-04-01-12 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution Councilmember Kokenakes returned to the podium at 8 13 p m New data submitted by the petitioner, consisting of three pages of drawings and received in the Office of the City Council on February 25, 2004, was received and placed on file for the information of the Council (Petition 2003-01-01-05) On a motion by Meakin, seconded by Knapp, it was CR 106-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 24, 2004, submitted pursuant to Council Resolution 525-03, with regard to a communication from the City Planning Commission, dated March 13, 2003, which sets forth its resolution 03-34-2003 adopted on March 11, 2003, with regard to Petition 2003-01-01-05, submitted by Ronald Parz, on behalf of K P Builders, for a change of zoning of property located at 35300 Joy Road, on the north side of Joy Road between Wayne Road and Harvey Avenue in the Southwest 1/4 of Section 33, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on September 17, 2003, pursuant to Council Resolution 373-03, the Council does hereby approve Petition 2003-01-01-05 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting of March 10, 2004 34531 AYES Knapp, Meakin, Kokenakes, Dolan and Taylor NAYS Robinson The President declared the resolution duly adopted Councilmember Dolan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 16 11 OF ARTICLE XVI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition 2002-06-06-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Dolan gave first reading to the following L Ordinance. AN ORDINANCE AMENDING SECTION 17.02 OF ARTICLE XVII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition 2002-06-06-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting. On a motion by Dolan, seconded by Meakin, it was CR 107-04 RESOLVED, that having considered a communication from the Human Resources Director, dated February 20, 2004, which bears the signature of the Chief Accountant on behalf of the Finance Director, and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission at its regular meeting of February 19, 2004, recommending salary and fringe benefit adjustments for the classification of Regular Meeting of March 10, 2004 34532 Police Chief for the period December 1, 2003 through November 30, 2006, the Council does hereby concur in the recommendation of the Civil Service Commission and the pay scale and benefit adjustments for the Classification of Police Chief are hereby approved for the period December 1, 2003 through November 30, 2006, as follows 1 A 2% adjustment on base wages effective December 1, 2003, a 1% adjustment on base wages effective December 1, 2004 and a 3% adjustment effective December 1, 2005 as follows 2% 12/01/03 Step 1 $3,280 00 $85,280 00 Step 1 5 3,346 40 87,006 40 Step 2 3,412 00 88,712 00 Step 3 3,548 00 92,248 00 Step 4 3,689 60 95,929 60 Step 5 3,836 80 99,756 80 1% 12/01/04 Step 1 $3,312 80 $86,132 80 Step 1 5 3,380 00 87,880 00 Step 2 3,446 40 89,606 40 Step 3 3,583 20 93,163 20 Step 4 3,726 40 96,886 40 Step 5 3,875 20 100,755 20 3% 12/01/05 Step 1 $3,412 00 $88,712 00 Step 1 5 3,481 60 90,521 60 Step 2 3,549 60 92,289 60 Step 3 3,690 40 95,950 40 Step 4 3,838 40 99,798 40 Step 5 3,991 20 103,771 20 2 Continuation of current health care package, except that effective December 1, 2003, or as soon as same can be implemented, the drug co-pay will be $10 00 for generic drugs and $20 00 for brand name drugs and, if the Chief of Police retires during the period December 1, 2003 through November 30, 2006, his retirement health care benefits shall continue at the same drug co- pay, $10 00 for generic drugs and $20 00 for brand name drugs. Regular Meeting of March 10, 2004 34533 A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Dolan and Taylor NAYS Robinson and Kokenakes The President declared the resolution duly adopted On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was. CR 108-04 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 13, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a report containing an explanation of the 2004-2005 Community Development Block Grant (CDBG) Program and Budget, the Council does hereby take this means to indicate its informal approval of the proposed program and tentative budget and does further authorize the Housing Commission to conduct a second public hearing on this matter for public comment and to thereafter prepare a final program and budget for submission to the City Council air On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 109-04 RESOLVED, the Council does hereby refer the subject of the Community Development Block Grant Program to the Committee of the Whole for its report and recommendation A communication from West Second Street Associates, LLC, 140 E Second Street, #225, P 0 Box 3597, Flint, MI 48502, with 4 completed project photos and a color rendering of the proposed Plymouth Road Social Security Administration office building to be located at 34010 Plymouth Road, was received and placed on file for the information of the Council (Petition 2004-01-08-02) On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was Regular Meeting of March 10, 2004 34534 CR 110-04 RESOLVED, that having considered a communication from the City Planning Commission, dated February 13, 2004, which transmits its resolution 02-15-2004, adopted on February 10, 2004, with regard to Petition 2004-01-08-02 submitted by John E Sabty, West Second Street Associates, on behalf of the Social Security Administration, requesting site plan approval in connection with a proposal to construct an office building on property located at 34010 Plymouth Road, on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 111-04 RESOLVED, that having considered a communication from the City Planning Commission, dated December 22, 2003, which sets forth its resolution 12-161-2003 adopted on December 16, 2003, with regard to Petition 2003-11-01-20, submitted by Leo Soave Building Company, for a change of zoning of property located at 14657 Cavell, on the west side of Cavell Avenue between Five Mile Road and Western Golf Drive in the Northeast 1/4 of Section 24 from RUF to R-2, so as to rezone only the rear westerly 70 feet to R-2, and the Council having conducted a public hearing with regard to this matter on February 23, 2004, the Council does hereby approve Petition 2003-11-01-20 as amended, for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A communication from the Department of Law, dated March 9, 2004, re Revised Amendment to Consent Judgment/Haggerty Road Investments Limited Partnership v City of Livonia, wherein there is a change in the signature block and additional language in Paragraph No 8 , was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was. CR 112-04 RESOLVED, that having considered a communication from Councilmember Don Knapp, dated March 1, 2004, the Council does hereby Regular Meeting of March 10, 2004 34535 discharge Council Resolutions 614-01 and 425-02 from the Committee of the Whole, with regard to Petition 2001-03-02-05 submitted by Haggerty Road Investments requesting approval to remodel and expand an existing building in connection with a proposal to operate a full service restaurant on property located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Northwest 1/4 of Section 6 On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 113-04 RESOLVED, that having considered a communication from the Department of Law, dated March 9, 2004, approved for submission by the Mayor, with regard to the letter from Jordan M Glassco, of Dawda, Mann, Mulcahy & Sadler, PLC, dated February 26, 2004, requesting to amend the Consent Judgment previously entered in connection with Haggerty Road Investments Limited Partnership v City of Livonia, Wayne County Circuit Court Case No 97-704651, the Council does hereby authorize the Department of Law to stipulate to the entry of the proposed Amendment to Consent Judgment in Wayne County Circuit Court Case No 97-704651, as submitted by the Department of Law, dated March 9, 2004, with respect to certain property located on the east side of Haggerty Road, north of Seven Mile Road in order for the petitioner to develop the property as a bank branch, and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was. CR 114-04 RESOLVED, that having considered a communication from the Director of Community Resources and the Livonia Historical Commission, dated February 13, 2004, and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a grant in the amount of $2,500 00 from the Livonia Community Foundation, the same to be deposited in Account No 723-000-690-010 (Livonia Historical Commission Trust Fund), such funds to be appropriated and expended for the restoration work at the Alexander Blue House at Greenmead On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 115-04 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 23, 2004, which bears the signature of the Director of Finance and is approved for submission by the Regular Meeting of March 10, 2004 34536 Mayor, the Council does, for and on behalf of the City of Livonia, accept two grants from the Livonia Community Foundation, one grant in the amount of $4,000 00 to be used for the Civic Park Senior Center's Health Aging-in-Place Program, such funds to be deposited into Account No 225-000-698-000 for this purpose, and one grant in the amount of $3,000 00 to provide transportation to medical appointments for senior and handicapped individuals, such funds to be deposited into Account No 702----285-218 for this purpose During the audience communication portion of the agenda at the end of the meeting, City Clerk Val Vandersloot announced that March is Reading Month, and she said 'Hello" to Ms. O'Karma's afternoon kindergarten class at Hoover School, to whom she had the pleasure of reading to this afternoon On a motion by Meakin, seconded by Dolan, and unanimously adopted, this 1,508th Regular Meeting of the Council of the City of Livonia was adjourned at 8.39 p m , March 10, 2004 Val Vandersloot, City Clerk