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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-12-17 34413 MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRD REGULAR MEETING OF DECEMBER 17, 2003 On December 17, 2003, 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 15 p m Councilmember Laura delivered the invocation Roll was called with the following result. Joe Laura, Maureen Miler Brosnan, Don Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor and Jack Engebretson Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Michael Slater, Director of Finance, Dan Putman, Direction of Information Systems, Mary Rutan, Director of Human Resources, Linda McCann, Director of Community Resources, Robert Beckley, Director of Public Works, Ron Reinke, Superintendent of Parks and Recreation, John Pastor, State Representative and Councilmembers-elect Brian Meakin, Frank Kokenakes and Tom Robinson On a motion by Brosnan, seconded by Vandersloot, it was CR 635-03 RESOLVED, that the minutes of the 1,502nd Regular Meeting of the Council held December 3, 2003 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Taylor, and Engebretson NAYS None PRESENT Dolan Regular Meeting of December 17, 2003 34414 During the audience communication portion of the agenda, State Representative John Pastor and Garrett Wheat, on behalf of State Senator Laura Toy, presented tributes to outgoing Mayor Jack Kirksey, outgoing Councilmembers Joe Laura, Maureen Miller Brosnan, Jack Engebretson, Val Vandersloot and outgoing City Clerk Joan McCotter, for their years of service to the City Councilmember Laura thanked State Representative John Pastor and State Senator Laura Toy and said he appreciated all their efforts and dedication to the City of Livonia Councilmember Brosnan mentioned that Karen Szymula, Director of Legislative Affairs, celebrated her birthday on December 15, and stated that her daughter, Marie, is celebrating her 9th birthday On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was CR 636-03 RESOLVED, that the Council does hereby amend the Orders of the Day to allow the moving of Item #3 from the Consent Agenda to the Regular Agenda, the removal of Item #30 from the Regular Agenda, and the addition of Items X-1 and X-2 to the Regular Agenda Robert Bennet, 32210 Myrna, Livonia, requested an explanation for the calling of a Special Meeting held earlier this evening Harriet Larson, 33024 Grennada, Livonia, thanked the people that came for the 8 00 p m meeting that was held at 7 00 p m Louis Kibler, 34003 Burton Lane, Livonia, expressed his displeasure with the calling of a Special Meeting that was held earlier this evening On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was CR 637-03 RESOLVED, that upon a request from Councilmember Knapp, the Council does hereby determine to refer the subject matter of changing the name and focus of the School Liaison Committee so as to include the Planning Department, the Economic Development Department and community outreach, to the Committee of the Whole for a report and recommendation Ralph Williams, 18630 Foch, asked for an explanation of the requirements of the Open Meetings Act as it applies to a Special Meeting Regular Meeting of December 17, 2003 34415 A communication from the Department of Finance, dated November 20, 2003, re forwarding various financial statements of the City of Livonia for the month ending October 31, 2003, was received and placed on file for the information of the Council Council President Engebretson announced a public hearing for the following item to be held on Monday, January 12, 2004 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Robert R. Dow, Controller, on behalf of Lake Erie Products, 12955 Inkster Road, Livonia, Michigan, requests approval of an Industrial Facilities Exemption Certificate for the facility located at 12955 Inkster Road On a motion by Vandersloot, seconded by Knapp, it was CR 638-03 RESOLVED, that having considered a letter from Rino Soave, Infinity Homes Incorporated, dated October 18, 2003, requesting elimination of the sidewalk requirement in front of 31629 Norfolk Avenue in the Northeast 1/4 of Section 3, and having further considered the report and recommendation of the City Engineer, dated December 5, 2003, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date CR 639-03 RESOLVED, that having considered a communication from G Wesley Graff, President of the Livonia Chamber of Commerce, dated November 25, 2003, requesting to install signage in front of the new Chamber of Commerce Welcome Center, located at 33233 Five Mile Road, in order to make the building easily recognizable to attract new residents and visitors to the Center, the Council does hereby approve of this request in the manner and form herein submitted, with the signage to match that of the attachment by Graphic Visions, Inc., dated November 12, 2003 CR 640-03 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated November 17, 2003, which bears the signature of the Director of Finance and is Regular Meeting of December 17, 2003 34416 approved for submission by the Mayor, the Council does hereby approve the extension of the Weed Cutting Contract 99-A, commencing January 1, 2004, and expiring on December 31, 2004, 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 A communication from the Livonia Housing Commission, dated November 13, 2003, re Audit Report for the fiscal year ending December 31, 2002, was received and placed on file for the information of the Council CR 641-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 8, 2003, and a report and recommendation from the Chief of Police, dated November 26, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from Martino's LLC to transfer ownership of a 2002 Class C Licensed Business with Dance-Entertainment Permit from Compton Village Cocktail Lounge Inc for a business located at 28500 Schoolcraft Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 642-03 RESOLVED, that having considered the report and recommendation of the Police Chief, dated November 20, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding a request for a budget amendment to incorporate the Strategic Traffic Accident Reduction (S T.A.R.) program in the budget for fiscal years 2003 and 2004, the Council does hereby authorize an amendment to the FY 2003 and FY 2004 budgets to increase the listed accounts in the following amounts Regular Meeting of December 17, 2003 34417 FY 2003 101-000-656-000 Fine Revenue $306,000 00 101-325-790-000 Police Patrol Overtime 125,000 00 101-325-715-000 Police Patrol FICA 9,000 00 FY 2004 101-000-656-000 Fine Revenue $879,000 00 101-325-709-000 Police Patrol Overtime 364,000 00 101-325-715-000 Police Patrol FICA 26,000 00 101-302-767-000 Police Supplies 5,000 00 101-302-985-000 Capital Outlay - Vehicles 160,000 00 101-302-987-000 Capital Outlay - Equipment 23,500 00 and the Director of Finance is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 643-03 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated December 4, 2003, approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on November 20, 2003, and the report and recommendation of the Director of Community Resources, dated November 25, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting approval of grant classifications and pay rates for fiscal year 2004, the Council does hereby approve of the following Grant Classifications and Compensation Plan for staff employment for Fiscal Year 2004 through the Department of Community Resources for the period October 1, 2003, through September 30, 2004, with the only benefit provided being holiday pay after the completion of 480 hours, and subject to sufficient funding and these positions shall terminate at such time as funding is no longer available GRANT CLASSIFICATIONS CLASSIFICATIONS AND PAY RATES EFFECTIVE OCT 1, 2003 TO SEPT 30, 2004 POSITION JOB DESCRIPTION STEP 1 STEP 1.5 STEP 2 STEP 3 STEP 4 GRANT Administration of grants programs 15.25 15 47 15 71 16 18 16 67 MANAGER Duties include grant writing, personnel administration and program and fiscal management. Qualifications include college degree and/or experience in administration of senior programs Regular Meeting of December 17, 2003 34418 ASSISTANT Assist with administration of grant 13 49 13 71 13.89 14.31 14 74 GRANT programs Duties include client intake MANAGER and assessment, record keeping and report preparation Qualifications include gerontology certificate and/ or equivalent experience working with citizens with special needs PROJECT Responsible for day to day operation 12 61 12.78 12 99 13 38 13 78 COORD of a grant program Duties include equipment and materials inventory, job assignment, worker scheduling, training, and monitoring. Qualifications include specialized training/certification/ endorsement/licensing or equivalent training HOME Performs direct service 11 81 12 00 12 16 12 52 12 90 SERVICE Duties may include on the job WORKER supervision of workers, (including workfare, title V, volunteers) Performing technical or specialized repairs or tasks Qualifications include vocational training and/or experience PROJECT Performs direct service 1 0 80 10 95 11 12 11 45 11 79 LEADER Duties may include on the job supervision, prepares reports and maintains records Performs general client care and home care tasks Qualifications include special training and/or experience in client care or home care field BUS Drive city buses, assisting 10 35 10 52 10 66 10.98 11 31 DRIVER passengers on and off the bus. Qualifications include good driving Record, commercial driver license (CDL) and must pass MDOT physical WORKER II Performs heavy manual labor 9 42 9 57 9 71 10 00 10 30 Duties include operation of machines, performance of household maintenance tasks Qualifications include training and/or experience WORKER Performs light manual labor 9 02 9 15 9.29 9 57 9 86 Duties include household maintenance tasks and clerical work. Qualifications include training and/or experience STEP 1 ENTRY LEVEL INTO THE GRANT CLASSIFICATION Regular Meeting of December 17, 2003 34419 STEP 1 5 COMPLETION OF 1040 HOURS IN STEP 1 STEP 2 ONE OR MORE YEARS OF EXPERIENCE IN A GRANT CLASSIFICATION FOR 2080 HOURS OR EQUIVALENT EXPERIENCE STEP 3 COMPLETION OF 2080 HOURS IN STEP 2 OR EQUIVALENT EXPERIENCE STEP 4 COMPLETION OF 2080 HOURS IN STEP 3 OR EQUIVALENT EXPERIENCE CLASSIFICATIONS AND PAY RATES EFFECTIVE OCTOBER 1, 2003-SEPTEMBER 30, 2004 CR 644-03 RESOLVED, that having considered a communication from the Director of Community Resources, dated November 20, 2003, which bears the signature of the Director of Finance, is approved by the City Attorney and approved for submission by the Mayor, and to which is attached a proposed Fiscal Year 2004 Municipal Credit and Community Credit Contract between the City of Livonia and SMART, the Council does hereby authorize the Mayor and City Clerk to execute the Municipal Credit and Community Credit Contract for and on behalf of the City of Livonia for Fiscal Year 2004, FURTHER, the Council does hereby authorize a budget amendment to add the supplemental funds in the amount of $111,000 00 to the 2004 budget as shown on the aforesaid communication, and the City Clerk and Director of Finance is hereby requested to do all other things necessary or incidental to the full performance of this resolution CR 645-03 RESOLVED, that having considered a communication from the Director of Community Resources, dated November 17, 2003, which bears the signature of the Finance Director, is approved by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed agreement for Specialized Services Transportation Operating Assistance Program between SMART and the City of Livonia for the period October 1, 2003 through September 30, 2004, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said Agreement in the manner and form herein submitted, provided that the Agreement is approved as to form by the Department of Law CR 646-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 19, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize B & V Construction, Inc , 48400 West Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow removal services for City streets during the 2003-2004 snow season for snowfalls of over four (4) inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the attached letter dated October 23, 2003, FURTHER, the Council does Regular Meeting of December 17, 2003 34420 hereby authorize the use of additional rental equipment, as needed, from Summit Transport, Inc , 10321 E Grand River Avenue, Suite 520, Brighton, Michigan 48116, pursuant to the terms stated in the attached letter dated November 19, 2003, and the use of additional equipment, as needed, from Nagle Paving Company, 30630 West Twelve Mile Road, Farmington Hills, Michigan 48334, pursuant to the terms stated in the attached letter dated November 18, 2003, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 647-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, the City Engineer and the Director of Public Works, dated November 25, 2003, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, wherein it is requested to amend the contract with CTI and Associates (previously approved in Council Resolution 149-01) for additional professional engineering services required for closure of the City landfill on Glendale, east of Farmington Road, the Council does hereby approve the changes to the Scope of Services for this project and does hereby approve an Amendment to the existing Agreement between the City and CTI and Associates, 12482 Emerson Drive, Brighton, Michigan 48116 in order to authorize payment in the additional amount of$15,000 00 for such services A communication from Brian J Meakin, received in the City Council Office on November 12, 2003 re his resignation from the Zoning Board of Appeals effective December 31, 2003, was received and placed on file for the information of the Council CR 648-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated November 24, 2003, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby approve an Extension of the Agreement between the City of Livonia and Nagle Paving Company (previously approved in Council Resolution 153-03) to include the 2004 Paving Projects, whereby Nagle Paving will accept recyclable paving materials generated from the City's Street Reconstruction and Rehabilitation Projects, and Nagle Paving will pay the City $1 00 per trucking yard of concrete and $1 00 per ton of milled Regular Meeting of December 17, 2003 34421 asphalt delivered to their facility, with the City being paid on a monthly basis CR 649-03 WHEREAS, MCL 141 261, et seq provides the Council with authority to create a fund and accumulate monies therein for the purpose of acquiring, constructing, repairing, or equipping public buildings, and WHEREAS, the City of Livonia and the 16th Judicial District Court find it necessary and acknowledge the need for such a fund for updating the 16th District Courthouse Facility to meet the needs of the Court and the Public and to keep up with changing times and needs, and WHEREAS, the City of Livonia and the 16th Judicial Court agree that this fund will be solely and exclusively for the purpose of the renovation, expansion and updating of the 16th District Courthouse facility along with furniture, fixtures and equipment necessary for the operation of the 16th Judicial District Court; and WHEREAS, the Judges of the 16th Judicial District Court and the Livonia City Council shall approve all expenditures in the form of a budget, and any revenues received that exceed expenditures shall be deposited in the general fund of the City of Livonia, NOW THEREFORE BE IT RESOLVED, that a public improvement fund is created, pursuant to MCL 141 261, et seq , for the purpose of financing the modernization of the 16th District Courthouse, to be funded by $9 00 of the court costs assessed in each misdemeanor and civil infraction case coming before the Court and resulting in a "guilty" or "responsible" verdict or plea, BE IT FURTHER RESOLVED that the public improvement fund created herein shall in all respects be governed by MCL 141.261, et seq , and the Department of Finance shall have the responsibility for establishing the fund, setting aside the monies provided hereunder, and reporting regularly on same to the City Council and the Judges of the 16th Judicial District Court. A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None On a motion by Laura, it was Regular Meeting of December 17, 2003 34422 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine that the City-owned 1988 Pierce Arrow/Squrt and the 1988 Pierce Arrow Pumper are considered surplus property and does hereby authorize the disposal of such equipment; FURTHER, the proceeds of the sale of the 1988 Pierce Arrow/Squrt by sealed bids shall be deposited in Account No 101-000-680-000, Sale of Fixed Assets, and the 1988 Pierce Arrow Pumper shall be donated to Schoolcraft College Fire Academy; and the Director of Finance is hereby requested to do all things necessary or incidental to the full performance of this resolution The motion failed for lack of support. On a motion by Brosnan, seconded by Taylor, it was CR 650-03 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine to refer the subject matter of the City-owned 1988 Pierce Arrow/Squrt and the 1988 Pierce Arrow Pumper that is to be considered surplus property and also be considered for disposal, to the Capital Improvement Committee for a report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS Laura The President declared the resolution duly adopted On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 651-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the City Engineer and the Superintendent of Parks and Recreation, dated December 2, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve payment in the amount of $100,000 00 to Neumann/Smith & Associates, 400 Galleria Officentre, Suite 555, Southfield, Michigan haw 48043 as the incentive payment earned by the architect for Design and Regular Meeting of December 17, 2003 34423 Construction Phases for the Livonia Community Recreation Center k project in accordance with the terms of the contract between Neumann/Smith & Associates and the City of Livonia, FURTHER, the *r, Council does hereby direct the Municipal Building Authority to process payment of same after submittal of the design drawings and design assistance to correct the heat loss problem at the main entrance of the Recreation Center On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 652-03 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated November 18, 2003, submitted pursuant to Council Resolution 402-96, in connection with the feasibility of building an all-season indoor sports complex to be paid for by user fees, the Council does hereby determine to take no further action with regard to this matter On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 653-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the City Engineer and the Superintendent of Parks and Recreation, dated December 2, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve payment in the amount of $100,000 00 to Etkin Skanska Construction Co./Schostak Brothers & Company, 30445 Northwestern Highway, Suite 250, Farmington Hills, Michigan 48333 as the incentive payment earned for the Construction Phase by the Construction Manager on the Livonia Community Recreation Center/Eddie Edgar Ice Arena Project in accordance with the terms of the contract between Etkin Skanska Construction Co./Schostak Brothers & Company and the City of Livonia, FURTHER, the Council does hereby direct the Municipal Building Authority to process payment of same On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 654-03 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated November 18, 2003, submitted pursuant to Council Resolution 917-00, in connection with the subject of the Municipal Ice Arena construction, Regular Meeting of December 17, 2003 34424 the Council does hereby determine to take no further action with regard to this matter The "Home and Building Action Register", submitted by Honeywell, Inc., presented at the Committee of the Whole meeting of November 25, 2003, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 655-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 25, 2003, submitted pursuant to Council Resolution 446-03, with regard to Honeywell, Inc.'s "Guarantee Services Program," the Council does hereby support the establishment of a Customer Satisfaction Committee (comprised of representatives from DPW, Finance, Law, Administration and Council) to resolve open issues involving the Honeywell contract. Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 070 OF TITLE 16, CHAPTER 32 (LOT PARTITION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None Regular Meeting of December 17, 2003 34425 The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 656-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the City Assessor, dated October 13, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby establish a fee of $1 00 per page to be charged by the Department of Assessment for copies of property record cards, maps and Equalizer print-outs, and any prior resolutions are hereby repealed to the extent necessary to be consistent herewith Councilmember Laura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 170 OF TITLE 5, CHAPTER 03 (GENERAL LICENSING PROCEDURE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Laura invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become Regular Meeting of December 17, 2003 34426 effective on publication Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 5, CHAPTER 33 (GARAGE, YARD, BASEMENT AND RUMMAGE SALES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Vandersloot invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 130 OF TITLE 6, CHAPTER 04 (ANIMALS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Vandersloot invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon Regular Meeting of December 17, 2003 34427 with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 070 OF TITLE 6, CHAPTER 06 (ANIMALS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Vandersloot invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 230 OF TITLE 10, CHAPTER 84 (BICYCLES, MOPEDS, MOTORCYCLES AND SIMILAR VEHICLES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting of December 17, 2003 34428 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 Councilmember Vandersloot invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Knapp, Vandersloot, Dolan, Taylor and Engebrel:son NAYS Brosnan The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Vandersloot, seconded by Dolan, and unanimously adopted, it was CR 657-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the City Clerk, dated December 1, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby take this means to establish the following fees 1 For purposes of Sections 6 04 130 and 6 06 070 of the Livonia Code of Ordinances, as amended, the regular fee of $11 00 for each animal to be licensed 2 Street or precinct maps - $3 00 per copy Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 260 OF TITLE 10, CHAPTER 54 (LOAD LIMITS AND TOWING REGULATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Regular Meeting of December 17, 2003 34429 Office of the City Clerk, and is the same as if word for word repeated herein Councilmember Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 090 OF TITLE 12, CHAPTER 04 (STREETS AND SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor gave first reading to the following Regular Meeting of December 17, 2003 34430 Ordinance AN ORDINANCE AMENDING SECTION 080 OF TITLE 16, CHAPTER 16 (DEVELOPMENT PLANS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 380 OF TITLE 16, CHAPTER 24 (IMPROVEMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None 1 Regular Meeting of December 17, 2003 34431 The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 658-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the City Engineer, dated September 26, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby establish the following soil erosion fees pursuant to Section 15 36 060 of the Livonia Code of Ordinances, as amended PLAN REVIEW Single Family $50 00 Less than 1 acre 75 00 1-9 acres 75 00 plus $50 00 per acre over 1 10-40 acres 500 00 plus $25 00 per acre over 10 40 or more 1,250 00 plus $10 00 per acre over 40 INSPECTION Single Family $135 00 Less than 1 acre 200 00 1-9 acres 200 00 per acre 10-40 acres 2,000 00 plus $100 00 per acre over 10 40 or more 5,000 00 plus $75 00 per acre over 40 On a motion by Dolan, seconded by Taylor, and unanimously adopted, it was CR 659-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Director of Finance, Chief of Police, Director of Public Works, Superintendent of Parks and Recreation, Community Resources Director and the Fire Chief, dated December 2, 2003, approved for submission by the Mayor, with regard to the Livonia Anniversary Committee being requested to earmark 50% of the net proceeds of all future Spree celebrations for donation to the Parks and Regular Meeting of December 17, 2003 34432 Recreation Department, the Council does hereby repeal and rescind L Council Resolution 673-92 in connection therewith On a motion by Dolan, seconded by Laura, and unanimously adopted, it was CR 660-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Director of Finance, Chief of Police, Director of Public Works, Superintendent of Parks and Recreation, Community Resources Director and the Fire Chief, dated December 2, 2003, approved for submission by the Mayor, with regard to the waiver of fees and costs for activities conducted by civic and charitable organizations in the City, known as "The Grid," the Council does hereby determine that the following fees/waivers shall be charged and/or applied CITY OF LIVONIA FEES/WAIVERS STATUS CATEGORY I CATEGORY II CATEGORY III CATEGORY IV L Not for Profit groups or Not for Profit groups or Not for Profit groups or Private or for Profit organizations and organizations and organizations and may business,industry solely sponsored by a co-sponsored by City not be Livonia Based. organizations or City Department. Council resolution Do not expend 100%of groups. These are and 100%of net proceeds Council has full net proceeds within the have been Livonia are deposited with the membership on Livonia community taxpayers for previous City Department. governing board. 12 months. 100%of net proceeds are given to Charities within the Livonia community Examples are Tee-It-Up-for Trees Hearts of Livonia Jaycees Businesses one-time users. Friends of The Library SPREE ARC Industries L.H.A.,L.J.A.L. Friends of The Barn Livonia Symphony School Systems are volume Friends of Greenmead (Projects of$200 00 Service Clubs discounted. D.A.R.E Gross proceeds or Higher Education Woodcarvers more) Cadillac LaSalle Club Permit Fees Waived Waived,except for Not Waived Not Waived Inspection Fees Event Date First Priority Second Priority Third Priority Fourth Priority Approval 6 Months prior to Event Golf Course $7 75 per golfer/18 $10.00 per golfer/18 $13.25 per golfer/18 Not Waived Use fee Holes or equivalent Holes or equivalent Holes 1 per year Donation to the Parks Donation to the Parks &Rec Dept. &Rec Dept Police Waived 50%of fee waived 40%of fee waived Full Fee Paid Fire/EMS Waived 50%of fee waived 40%of fee waived Full Fee Paid D.P.S. Waived 50%of fee waived 40%of fee waived Full Fee Paid Parks&Rec Waived 50%of fee waived 40%of fee waived Full Fee Paid Fields/Site City Hall Waived 40%of Community Fee Pay the Community Fee Pay the Private Fee Waived Greenmead Waived 40%of Community Fee Pay the Community Fee Pay the Private Fee Waived Showmobile Waived 40%of Community Fee Pay the Community Fee Pay the Private Fee 1 Regular Meeting of December 17, 2003 34433 Waived Ball Diamond/Ice Waived 50%of Fee Waived 40%of Fee Waived Pay the Private Fee Arena Signs As Approved by Mayor As Approved by As Recommended by Per Ordinance,not on Council Mayor&Approved by R.O.W Council FURTHER, the Council does hereby repeal and rescind Council Resolution 371-93 in connection therewith On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 661-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Director of Finance, dated September 29, 2003, approved for submission by the Mayor, the Council does hereby establish a City-wide $25 00 fee for items returned due to NSF (non- sufficient funds) by check or NSF EFT (non-sufficient funds - electronic funds transfer) payments On a motion by Dolan, seconded by Laura, it was CR 662-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Fire Chief, dated October 29, 2003, approved for submission by the Mayor, regarding the establishment of a fee for non-transport Advanced Life Support, (ALS) Ambulance Services for the City of Livonia, the Council does hereby establish that the fees adopted in Council Resolution 859-98 for Advanced Life Support (ALS) Ambulance Services be changed to include transport and non- transport situations A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Vandersloot, Dolan and Engebretson NAYS Brosnan, Knapp and Taylor The President declared the resolution duly adopted On a motion by Vandersloot, seconded by Dolan, and unanimously Regular Meeting of December 17, 2003 34434 adopted, it was CR 663-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Fire Chief, dated October 29, 2003, approved for submission by the Mayor, the Council does hereby establish the following fees CPR Training $250 00 Minimum class size of 10 students Each additional student $10 00 Fire Extinguisher Training - One location $250 00 Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING TITLE 15, CHAPTER 56 (PERMITS AND INSPECTION FEES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Vandersloot invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Dolan, seconded by Laura, and unanimously adopted, it was Regular Meeting of December 17, 2003 34435 CR 664-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 20, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the recommended increases in fees and charges as follows Non- Resident Resident 1 Park Picnic Permits All parks except Rotary Park $55 00 $115 00 Rotary Park 65 00 125 00 2 Tent Rental Fee 10 ‘ x10' $10000 20' x 40' $200 00 3 Archery Range Use Fee Adult $4 00 Adult $6 00 Youth $2 00 Youth $4 00 Seasonal Range Passes 1 individual $25 00 $40 00 2 members $35 00 $50 00 3 members $45 00 $60 00 4 members $55 00 $70 00 4 Tennis Lessons $40 00 $45 00 5 Tennis Tournament Fees Adult $15 00 Adult $20 00 Youth $12 00 Youth $15 00 6 Playground Fee Family Pass - 6 week program 1 child $60 00 2 children $100 00 3 children $150 00 4 children $200 00 7 Athletic Entry Fees a Adult Modified, Men's, Women's and Co-ed softball and Adult Men's Basketball $375 00 plus $30 00 per non-resident up to $210 00 per team b Volleyball Men's and Women's $300 00 c. Sand Volleyball $125 00 Regular Meeting of December 17, 2003 34436 Non- Resident Resident d Collegiate $675 00 e Youth "E" Major $425 00 Connie Mack $525 00 "D" Basketball $200 00 Senior Youth Softball $200 00 Jr Youth Softball $200 00 Bronco Softball $200 00 18 & Under Girls' Fast Pitch $200 00 f Field Permit $40 00 Daily $225 00 Seasonal (Co-op/Non-Profit/Livonia Based) 8 Aquatics - Outdoor Pools Adult $2 75 Adult $5 00 Child/Senior $2 25 Child/Senior $4 00 9 Season Swim Passes Adult $48 00 $53 00 Child/Senior $43 00 $48 00 Family of 2 $70 00 $100 00 Family of 3 $72 00 $106 00 Family of 4 $75 00 $111 00 Family of 5 and over $80 00 $117 00 10 Swim Lessons 8 Lessons $34 00 $40 00 10 Lessons $42 00 $49 00 On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was CR 665-03 RESOLVED, that the Council does hereby refer the proposed increase in fees for the Parks and Recreation Department to the Parks and Recreation Commission for its review and concurrence Councilmember Knapp gave first reading to the following Ordinance Regular Meeting of December 17, 2003 34437 AN ORDINANCE AMENDING SECTION 010 OF TITLE 16, CHAPTER 16 (DEVELOPMENT PLANS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Knapp invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 666-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Planning Director, dated September 25, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby refer the recommended fee increases to Zoning Ordinance No 543 to the Planning Commission for action and recommendation in accordance with provisions of law and City ordinance Councilmember Dolan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Regular Meeting of December 17, 2003 34438 Office of the City Clerk, and is the same as if word for word repeated herein Councilmember Dolan invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Dolan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 250 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Dolan invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was Regular Meeting of December 17, 2003 34439 CR 667-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Chief of Police, dated December 3, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine to authorize the use of the Police Training Facility (Weapons Range) by outside agencies for range training purposes, at a rental rate of $300 00 per eight (8) hours use per agency; FURTHER, in the event that rifle capabilities are attained at the range, the rental rate shall be increased to $500 00 per eight (8) hours use per agency, and that such fees collected shall be deposited in the City's General Fund, and any prior resolutions are hereby repealed to the extent necessary to be consistent herewith On a motion by Dolan, seconded by Laura, and unanimously adopted, it was CR 668-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Chief of Police, dated December 3, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is recommended that the public and parochial schools, colleges, churches and charitable organizations for services rendered by reserve police officers at 1 2 times the current rate of pay, and that the cost to be charged to all other such organizations for services rendered by regular police officers shall be increased and established at a rate in accordance with and the same as the salary rates provided in the current L P O.A. contract, the Council does hereby concur in and approve of such action, FURTHER, the Council does hereby approve of an Administration fee of $100 00 to be charged for the first event held each year by an organization, and any prior resolutions are hereby repealed to the extent necessary to be consistent herewith On a motion by Vandersloot, seconded by Dolan, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Chief of Police, dated December 3, 2003, Regular Meeting of December 17, 2003 34440 which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby concur in and approve the Reserve Officer wages for community service events and L. does further refer this subject to the approval of the Civil Service Commission On a motion by Brosnan, seconded by Taylor, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Chief of Police, dated December 3, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby refer the subject of Reserve Officer wages for community events to the Civil Service Commission A roll call vote was taken on the motion to substitute as follows AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the motion to substitute adopted A roll call vote was then taken on the substitute motion by Brosnan, seconded by Taylor, as follows CR 669-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Chief of Police, dated December 3, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby refer the subject of Reserve Officer wages for community events to the Civil Service Commission AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson Regular Meeting of December 17, 2003 34441 NAYS None The President declared the resolution duly adopted 6 On a motion by Dolan, seconded by Vandersloot, and unanimously adopted, it was CR 670-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Chief of Police, dated December 3, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve of the fees for the following Document copies $5 00 Audio tape copies 25 00 Video tape copies 40 00 On a motion by Dolan, seconded by Knapp, and unanimously adopted, it was CR 671-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Chief of Police, dated December 3, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby establish a fee of $15 00 for residents or non-residents requesting to be fingerprinted, however, this fee shall be waived for those persons desiring fingerprinting for military purposes or Applications for Concealed Weapons Permits pursuant to State law On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 672-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the Director of Legislative Affairs, dated October Regular Meeting of December 17, 2003 34442 30, 2003, the Council does hereby refer the recommended fee increases to certain sections of Zoning Ordinance No 543 for the Zoning Board of Appeals' user fees to the Planning Commission for action and recommendation in accordance with provisions of law and City ordinance On a motion by Laura, seconded by Knapp, it was CR 673-03 RESOLVED, that the minutes of the 241st Special Meeting of the Council held December 17, 2003 are hereby approved as submitted On a motion by Brosnan, seconded by Taylor, it was RESOLVED, the Council does hereby determine to allow discussion to continue on the purchase of one (1) 2002 American LaFrance Telesqurt Aerial Fire Truck that was the subject of the 241st Special Meeting that was held earlier in the evening of December 17, 2003 The President declared this motion out of order because there was another resolution already on the floor Yvonne Lilllibridge, President of AFSCME Union Local 192, asked for a clarification of the time limit for notification of calling a Special Meeting, and questioned the delay of starting time for the Regular Meeting Robert Bennet, 32210 Myrna, Livonia, spoke to the importance of approval of minutes of the meeting Jan Bennett, 32210 Myrna, Livonia, spoke about a meeting that she had attended where it was suggested that Noble and Sandburg Libraries could be closed in order to balance the budget. Tony Latarski 11300 Loveland, Livonia, stated that he heard no justification for the purchase of new fire equipment. Rich Rainville, 9928 Hubbard, Livonia, spoke in opposition to the purchase of new fire equipment. Douglas Day, 14364 Gary Lane, Livonia, spoke of his displeasure with having a Special Meeting being called to discuss the purchase of new fire equipment. A roll call vote was taken on the original resolution with the following result: AYES Laura, Knapp, Vandersloot and Dolan NAYS Brosnan, Taylor and Engebretson Regular Meeting of December 17, 2003 34443 The President declared the resolution duly adopted V On a motion by Vandersloot, seconded by Dolan, and unanimously Oho adopted, it was CR 674-03 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 2, 2003, approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 566-03 so as to read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated October 3, 2003, which transmits its resolution 09-137-2003, adopted on September 30, 2003, with regard to Petition 2003-08-03-01, submitted by Kelly Schwanitz, requesting the vacating of four feet (4') of a ten foot (10') wide sewer easement to accommodate the construction of a patio adjacent to the rear door which exits towards the west side of the property of the home located at 37670 St. Martins Road, on the north side of St. Martins Road and west of Newburgh Road in the Southeast 1/4 of Section 6, the Council does hereby concur in the taw recommendation of the City Planning Commission and does grant and approve the said Petition 2003-08-03-01, that in consideration for the City's grant of this partial vacating of the easement, it is the expressed mutual understanding between the petitioners and their heirs, successors and assigns as owners of the subject property and the City of Livonia that property located in the portion of the easement being vacated may from time to time be disturbed or damaged by the City of Livonia when servicing utilities, and in no such case shall the City of Livonia be responsible or liable for such damage, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2003-08-03-01) Regular Meeting of December 17, 2003 34444 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 Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- 04) A roll call vote was taken on the foregoing Ordinance with the following result AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50A OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- 04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None Regular Meeting of December 17, 2003 34445 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50B OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- 04) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50C OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- 04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Regular Meeting of December 17, 2003 34446 Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- 04) A roll call vote was taken on the foregoing Ordinance with the following result AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50E OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- 04) A roll call vote was taken on the foregoing Ordinance with the following result AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance Regular Meeting of December 17, 2003 34447 AN ORDINANCE AMENDING SECTION 18 50F OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- 04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50G OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- 04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50H OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF Regular Meeting of December 17, 2003 34448 LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- 04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50J OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-06-06- lbw 04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 06 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-07-06- La. 05) A roll call vote was taken on the foregoing Ordinance with the following result: Regular Meeting of December 17, 2003 34449 AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 20 05 (b) AND (c) OF ARTICLE XX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-07-06- 06) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor 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 Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor, and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would Regular Meeting of December 17, 2003 34450 become effective on publication On a motion by Dolan, seconded by Laura, and unanimously adopted, it was CR 675-03 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Frank D Kinney, 16402 Westbrook, Livonia, Michigan 48154, is hereby appointed to the Zoning Board of Appeals effective January 1, 2004, to fill the unexpired term of Brian J Meakin, ending July 12, 2004, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. A communication from the Engineering Division, dated December 10, 2003, re Soil Erosion Procedures (APA), was received and placed on file for the information of the Council On a motion by Knapp, seconded by Vandersloot, and unanimously adopted, it was CR 676-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated November 24, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting approval of soil erosion and sedimentation control procedures approved by the Michigan Department of Environmental Quality (MDEQ) for the Authorized Public Agency portion of the program which cover soil erosion procedures on City contracted projects pursued on our own behalf and maintenance operations by the Department of Public Works, the Council does hereby refer this item to the Water, Sewer and Waste Committee for its report and recommendation On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 677-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 31, 2003, which transmits its resolution 10-158-2003, adopted on October 28, 2003, Regular Meeting of December 17, 2003 34451 with regard to Petition 2003-10-SN-10, submitted by The Blain Group, on behalf of H & R Block, requesting approval for signage for the office building located at 39209 Six Mile Road, on the southeast corner of Six Mile and Haggerty Roads in the Northwest 1/4 of Section 18, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-10-SN-10 is hereby approved and granted, subject to the following conditions 1 That the Sign Package submitted by The Blain Group, as received by the Planning Commission on October 3, 2003, is hereby approved and shall be adhered to, 2 That this ground sign shall not be illuminated beyond one (1) hour after this business closes, 3 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 4 That any additional signage come back before the Planning Commission and City Council for their review and approval, and 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A communication from Ian Wilshaw, Traffic Commission, dated December 11, 2003, re a report of a meeting between the City and representatives of SEMCOG to learn more about the traffic management services they offer their member communities, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Dolan, it was CR 678-03 RESOLVED, that having considered a communication from the Mayor, dated November 5, 2003, wherein it is recommended that the City become a member of the Traffic Improvement Association (TIA) to assist the City staff with traffic consulting, management and planning, the Council does hereby approve this request to join the Traffic Improvement Association (TIA), 2187 Orchard Lake Road, Suite 140, Sylvan Lake, Michigan 48320-1778 and further appropriates and authorizes an expenditure in the amount of $30,000 00 from the Regular Meeting of December 17, 2003 34452 Unexpended Fund Balance of the Major Road Fund (202) for this purpose A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS Brosnan The President declared the resolution duly adopted On a motion by Knapp, seconded by Brosnan, and unanimously adopted, it was CR 679-03 WHEREAS, pursuant to Act No 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 and comprised of an area of approximately 9 244 acres, 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 84", and WHEREAS, written notice has been given by certified mail to Jack Roush LLC and Roush Manufacturing, Inc , 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 84, 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 84, and WHEREAS, on Monday, December 1, 2003, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 84, at which time Jack Roush LLC and Roush Manufacturing, Inc , 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 Roush Manufacturing, Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, Regular Meeting of December 17, 2003 34453 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 in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 84" EXHIBIT A Land situated in the City of Livonia, County of Wayne, State of Michigan, described as Lots 30, 31, 43, 44, 45, 46, 47, 48, 49, 50 and 51, Plymouth Levan Industrial Subdivision No 2, as recorded in Liber 90, Pages 21 and 22 of Plats, Wayne County Records Total acreage is 9.244 A communication from Carl Creighton of Brashear, Tangora, Gallagher, Creighton & Amann, LLP, dated November 25, 2003, re their representation of Golf Ridge Properties, LLC, and their wish to change the original rezoning request from AG to RC, to the present rezoning request of the property from AG to R-3 to pursue a Single Family Clustering option, was received and placed on file for the information of the Council (Petition 2003-08-01-15) A communication from the Department of Law, dated December 5, 2003, re the preparation of amendments to the Zoning Ordinance resulting from rezoning requests, and their recommendation that the new procedure of holding a first reading at the next Regular Meeting after the Council public hearing only be used in routine and/or non-controversial rezoning requests, or when there are not competing resolutions offered, as it relates to the rezoning of Glen Eden Memorial Park property on the south side of Eight Mile Road between Ellen and Newburgh Regular Meeting of December 17, 2003 34454 Roads, was received and placed on file for the information of the Council (Petition 2003-08-01-15) A communication from Leo Soave, dated December 9, 2003, re objection to a zoning change from R-4 to R-3 as requested by the petitioners for Golf Ridge Properties, LLC, located on the south side of Eight Mile Road between Ellen and Newburgh Roads, was received and placed on file for the information of the Council (Petition 2003-08-01-15) A communication from the Planning Department, dated December 4, 2003, re City of Livonia Storm Water Management Plan as it relates to the rezoning request of Golf Ridge Properties, LLC, located on the south side of Eight Mile Road between Ellen and Newburgh Roads, was received and placed on file for the information of the Council (Petition 2003-08-01-15) A chart prepared by Golf Ridge Properties, LLC, dated December 15, 2003, re comparison of open space between R-3 and R-4 zoned land areas, was received and placed on file for the information of the Council (Petition 2003-08-01- 15) A communication from Glen Eden Lutheran Memorial Park, dated December 15, 2003, re their objections to the rezoning of Glen Eden Property by Golf Ridge Properties, LLC, from AG to R-3 Cluster, was received and placed on file for the information of the Council (Petition 2003-08-01-15) Carl Creighton, representing Golf Ridge Properties, spoke to the Council regarding their request for a change of zoning to R-3, as well as density issues, as this relates to Petition 2003-08-01-15 Regular Meeting of December 17, 2003 34455 Dennis Behrendsen, President of Deer Creek Homeowners Association, 20012 Wayne Road, spoke to the Council regarding his opposition to R- 3 rezoning of Glen Eden Memorial Park property (Petition 2003-08-01-15) On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 680-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 22, 2003, which sets forth its resolution 10-151-2003 adopted on October 14, 2003, with regard to Petition 2003-08-01-15, submitted by Golf Ridge Properties, LLC, on behalf of Glen Eden Church, Inc , for a change of zoning of property located on the south side of Eight Mile Road (part of Glen Eden Memorial Park) between Ellen and Newburgh in the North 1/2 of Section 5, from AG to RC, and having considered a letter from the petitioner, dated November 25, 2003, so as to change the zoning of the property from AG to R-3, and the Council having conducted a public hearing with regard to this matter on December 1, 2003, the Council does hereby approve Petition 2003-08-01-15, as amended, so as to rezone the property to R-4, 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 On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 681-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 22, 2003, which sets forth its resolution 10-151-2003 adopted on October 14, 2003, with regard to Petition 2003-08-01-15, submitted by Golf Ridge Properties, LLC, on behalf of Glen Eden Church, Inc , for a change of zoning of property located on the south side of Eight Mile Road (part of Glen Eden Memorial Park) between Ellen and Newburgh in the North 1/2 of Section 5, from AG to R-3, as amended, and the Council having conducted a public hearing with regard to this matter on December 1, 2003, the Council does hereby refer the subject of back tax issues and liabilities to the Department of Law for its report and recommendation On a motion by Brosnan, seconded by Taylor, and unanimously Regular Meeting of December 17, 2003 34456 adopted, it was CR 682-03 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated December 5, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission at its regular meeting of December 4, 2003, recommending salary and fringe benefit adjustments for the classification of Deputy Police Chief and Police Captain 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 Deputy Police Chief and Police Captain 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 Biweekly Annual Deputy Police Chief Step 4 3,354 40 87,214 40 Step 5 3,488 80 90,708 80 Police Captain Step 4 3,049 60 79,289 60 Step 5 3,171 20 82,451 20 1% 12/01/04 Biweekly Annual Deputy Police Chief Step 4 3,388 00 88,088 00 Step 5 3,524 00 91,624 00 Police Captain Step 4 3,080 00 80,080 00 Step 5 3,203.20 83,283 20 3% 12/01/05 Biweekly Annual Deputy Police Chief Step 4 3,489 60 90,729 60 Step 5 3,629 60 94,369 60 Regular Meeting of December 17, 2003 34457 Police Captain Step 4 3,172 80 82,492 80 Step 5 3,299.20 85,779.20 2. Continuation of same health care package, except that effective December 1, 2003, the drug co-pay will be $10 00 for generic drugs and $20 00 for brand-name drugs and, if any persons in said classifications retire during the period December 1, 2003 through November 30, 2006, their retirement health care benefits shall continue at the same drug co-pay, $10 00 for generic drugs and $20 00 for brand name drugs. On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was. CR 683-03 RESOLVED, that having considered the report and recommendation of the Information Systems Director and the Director of Finance, dated December 11, 2003, approved for submission by the Mayor, the Council does hereby accept the bid of Solution Technology Incorporated, 2701 Cambridge Court, Suite 425, Auburn Hills, Michigan 48326, for completing all work required in connection with the replacement of the City's IBM AS/400 600-2179 computer to an IBM iSeries 810 computer for the cost of$1,930 00 per month for a 36-month period (and, in addition, the City will receive a $10,000 00 rebate from IBM after approximately eight (8) weeks), the same having been in fact the lowest bid received and meets all specifications, and the Information Systems Director is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with Solution Technology Incorporated, subject to approval by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution During the audience communication portion of the agenda, Ralph Williams, 18630 Foch, Livonia, again spoke of his displeasure of a special meeting that was held earlier this evening Tom Bjorklund, 14448 Fairway, Livonia, spoke to the Council regarding special funds and the general budget funds of the City of Livonia. Robert Bennet, 32210 Myrna, Livonia, instructed everyone to speak directly into the microphone so as to be heard more clearly Don Kolhoff, 14066 Mayfield, Livonia, spoke to the Council and stated that it was difficult to hear the Councilmembers Regular Meeting of December 17, 2003 34458 Councilmember Knapp presented the gavel used at the Council , [ meetings to outgoing Council President Engebretson 116. Karen Szymula, Director of Legislative Affairs, presented tributes to the departing Councilmembers and City Clerk, recognizing their years of service to the community Councilmember Taylor praised Jack Engebretson on his term served as Council President. Councilmember Vandersloot wished a "Happy Birthday" to her father who will be 88 years old on December 22, and stated that she has enjoyed her term of service on the City Council Councilmember Brosnan expressed her enjoyment of serving on the City Council, and thanked those people in her life who have made it possible to serve in this position Councilmember Laura stated that he has enjoyed his years of service to the City City Clerk Joan McCotter stated that she has served the City for 23 years in various capacities, and has enjoyed her years of service L On a motion by Brosnan, seconded by Knapp, and unanimously adopted, this 1,503rd Regular Meeting of the Council of the City of Livonia was adjourned at 11 51 p m , December 17, 2003 Jo McCotter, City Clerk