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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-08-27 MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-FIFTH REGULAR MEETING OF AUGUST 27, 2003 On August 27, 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 00 p m Councilmember Vandersloot delivered the invocation Roll was called with the following result: Val Vandersloot, Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp and Jack Engebretson Absent: None Elected and appointed officials present: 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, Linda McCznn, Director of Community Resources, Kevin Roney, Public Utility Manager; Karen Kapchonick, Assistant Superintendent of Parks & Recreation and Captain Mark LaBerge, Livonia Police Department. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 410-03 RESOLVED, that the minutes of the 1,494th Regular Meeting of the Council held August 11, 2003 are hereby approved as submitted During the audience communication portion of the agenda, Bruce Modetz, 32525 Six Mile Road, Livonia 48152, spoke about his concerns of traffic safety on Six Mile Road, specifically signage, traffic signals and speed controls He praised the Livonia Fire Advanced Life Support and the Police Department for their immediate response, assistance and professionalism in attending to his wife's accident on July 11, 2003 On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was Regular Meeting of August 27, 2003 34215 CR 411-03 RESOLVED, that the issue of signage and traffic signals, as it refers to traffic safety in the Six Mile Road and Hubbard Drive area, was referred to the Traffic Commission for a report and recommendation On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 412-03 RESOLVED, that the issue of traffic speed and traffic controls, as it refers to traffic safety in the Six Mile Road and Hubbard Drive area, was referred to the Department of Public Safety, Police Division, and to Wayne County Division of Roads for a report and recommendation Caren Shatter, 15642 Sussex, Livonia, 48154, presented a request for a block party to be held on September 6, 2003 On a motion by Knapp, seconded by Laura, and unanimously adopted, it was CR 413-03 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated August 12, 2003, requesting permission to close Sussex between Sherwood and Fitzgerald on Saturday, September 6, 2003, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 7, 2003, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. Councilmember Taylor thanked the Advanced Life Support of the Fire Department for the support they gave to his sister on August 15, 2003 Councilmember Taylor also spoke to the allocation of funds for the Fire Department's budget. At the direction of the chair, Agenda Item #14 was moved from the Consent Agenda to the Regular Agenda On a motion by Brosnan, seconded by Laura, it was CR 414-03 RESOLVED, that having considered an application from Colleen Green, 30891 Orangelawn, dated July 23, 2003, requesting permission to close Orangelawn between Sunset and Denne on Saturday, September 6, 2003, from 12 00 noon to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as Regular Meeting of August 27, 2003 34216 requested, the action taken herein being made subject to the approval of the Police Department. CR 415-03 RESOLVED, that having considered an application from Kathleen Falkowski, 34511 Woodvale, dated August 8, 2003, requesting permission to close Woodvale between Ashurst and Alpine on Saturday, September 6, 2003, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 7, 2003, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 416-03 RESOLVED, that having considered a letter from Karen R. Quenneville and Kathy Buddenborg, Co-Chairpersons of the Churchill High School 12th Annual PTSA Arts & Crafts Show, dated July-29, 2003, which requests permission to display 50 wire signs announcing Churchill's Arts & Crafts Show to be conducted on Saturday, October 4, 2003, which signs will be displayed at various intersections of the City no earlier than Saturday, September 27, 2003, and removed no later than Sunday, October 5, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 417-03 RESOLVED, that having considered a letter from Jennifer R Boros, Chairperson, representing Sacred Heart Byzantine Catholic Church, dated August 11, 2003, which requests permission to display two banners, which are to be 3' x 7' in size and located in front of the church, and 20" x 20" signs announcing the Sacred Heart Mom-to-Morn Sale to be conducted on Saturday, October 11, 2003, which signs will be displayed at various intersections of the City, on Saturday, October 4, 2003, and removed no later than Sunday, October 12, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 418-03 RESOLVED, that having considered a communication from Sandi Pritchard, Flea Market Chairperson of the Livonia Historical Society, and Suzanne Daniel, Chairperson of the Historical Commission, dated July 29, 2003, which bears the signature of the Director of Community Resources and is approved for submission by the Mayor, which requests permission to display two banner signs (4' x 8') on the fencing at Greenmead and 25" x 15" signs at various locations in the City announcing the Flea Market to be held Sunday, September 7, 2003, at Greenmead, which signs shall be installed no earlier than Saturday, August 30, 2003, and removed no later than Monday, September 8, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted Regular Meeting of August 27, 2003 34217 CR 419-03 RESOLVED, that having considered the report and recommendation of the Chairperson of the Livonia Historical Commission and the Director of Community Resources, dated July 31, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal of Buckmaster Painting and Contracting Company, 46130 West Park, Novi, Michigan 48377, for completing additional maintenance work required in connection with the exterior painting of the Hinbern House at Greenmead Historical Park for a cost of $3,000 00, FURTHER, the Council does hereby authorize the expenditure in the amount of$3,000 00 from Account No 101-737-931-220 (Historical Commission Maintenance) for this purpose A communication from the Department of Assessment, dated July 30, 2003 - Administrative Response - re the process of assessing property previously exempted and the amount of taxes previously paid in connection with Petition 2003-02- 01-09 by William Roskelly for a change of zoning of property on the west side of Cranston Avenue between West Chicago Road and Orangelawn Avenue in the Northeast 1/4 of Section 34, was received and placed on file for the information of the Council (CR 352-03) A communication from Office of the Treasurer, dated July 29, 2003, - Administrative Response - re no possible return of taxes paid voluntarily by current owner in connection with Petition 2003-02-01-09 by William Roskelly for a change of zoning of property on the west side of Cranston Avenue between West Chicago Road and Orangelawn Avenue in the Northeast 1/4 of Section 34, was received and placed on file for the information of the owner (CR 353-03) A communication from the Livonia Housing Commission, dated July 21, 2003, re the fiscal year 2002 performance management assessments performed by the U S Department of Housing and Urban Development (HUD) for the Section 8 Housing Choice Voucher Program Assessment (rental subsidies) and Public Housing Regular Meeting of August 27, 2003 34218 Management Assessment (McNamara Towers/scattered site homes), was received and placed on file for the information of the Council CR 420-03 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated July 18, 2003, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one replacement vehicle for the Intelligence Bureau from Red Holman Pontiac, 35300 Ford Road, Westland, Michigan 48185, for a total price of $20,805 00, of which $17,675 00 is to be expended from Account No 101- 329-985-000 and $3,130 00 is to be expended from Account No 265-334- 985-000 for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Oakland County consortium bid and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 421-03 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 7, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the request of the Police Department to maintain its current membership with Oakland County's Courts and Law Enforcement Management Information System (CLEMIS) for the sharing of criminal justice information, for the total cost of the membership fee in the amount of $26,112 00 per year ($157 30 per officer), the same to be expended from funds already budgeted in Account No 101-306-958-000 (Dues and Subscriptions), and for CLEMIS to provide cellular service to transmit data between mobile units and the CLEMIS Computer-Aided Dispatch (CAD) mainframe computer for a total cost of $30,100 00 per year ($58 33 per mobile unit), the same to be expended from funds already budgeted in Account No 101-306-851-010 (Hardware Maintenance) for this purpose, FURTHER, the Council does hereby authorize the said action without competitive bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended CR 422-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated July 25, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 2647-03, adopted on June 4, 2003, wherein the Commission recommended an increase in fees and charges for the figure skating program per the attached schedule, the Council does hereby approve the increases in fees and charges as recommended in the aforesaid communication Regular Meeting of August 27, 2003 34219 CR 423-03 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated August 11, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) training simulators (the "Fire Fighter Survival" simulator) and the "Swede Survival Mobile Flashover Training System" from Swede Survival Systems, 700 Second Street, Suite G, Encinitas, California 92024, for the total cost of $147,795 00, the same to be used for training purposes in conjunction with surrounding jurisdictions as well as the local community college, FURTHER, the Council does hereby appropriate and authorize an additional expenditure in the amount of $795 00 (the grant awarded to the City in the amount of $102,900 00 and the City's share of $44,100 00 having been previously approved in Council Resolution 173-03) from the Capital Outlay Fire Equipment Account No 101-338-979-000 for this purpose, and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution CR 424-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated August 4, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a one-year extension of the existing contract with G & M Enterprises, Ltd , 19614 W Eight Mile Road, Southfield, Michigan 48075, for completing all sweeping required for the City's 2003 Leaf Pickup Program at the unit prices bid in September, 2002, FURTHER, the Council does hereby approve a one-year extension of the existing contract with Inland Waters Pollution Control, 2021 S Schaefer Highway, Detroit, Michigan 48217, to complete supplemental routine sweeping required for the City's 2003 Leaf Pickup Program at the unit prices bid in September, 2002, 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 CR 425-03 RESOLVED, that Leo Soave Building Company, Inc , 34822 Pembroke, Livonia, Michigan 48152, as proprietor, having requested the City Council approve the proposed Churchill Place Condominiums in the Southwest 1/4 of Section 32 of the City of Livonia (hereafter the "Condominium"), and it further appearing that approval of the site plan for the Condominium was given by the City Planning Commission on April 24, 2001, and by the City Council on June 4, 2001, and it further appearing the such site plan, together with Development Plans and Specifications for improvements have been examined and approved by the Department of Public Works, Engineering Division, as set forth in the report of that Department dated August 1, 2003, and the City Council having approved the Master Deed on March 12, 2003 in Council Resolution 105-03, Regular Meeting of August 27, 2003 34220 therefore, the City Council does hereby establish the following requirements ie. (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, and the regulations and specifications of the Department of Public Works, Engineering Division, and the Development Plans submitted by the proprietor and approved by such Department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, Engineering Division, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as, shown on the approved Development Plans, (5) That as a condition of obtaining final approval of the Master Deed prior to the completion of all required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts (a) General Improvement Bond $54,000 00, of which at least $ 5,000 00 shall be in cash (b) Sidewalk Bond $ 1,650 00, of which at least $ 500 00 shall be in cash Regular Meeting of August 27, 2003 34221 (c) Grade & Soil Erosion Control Bond $ 1,200 00 shall be in cash (d) Landscape/Entrance Markers $ 3,000 00 of which at least $ 1,000 00 shall be in cash and require cash payments in the total amount of$3,170 00, (6) That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the Ordinance, shall be deposited with the City prior to the issuance of engineering permits for this condominium development; and (7) That the distribution lines for telephones and electric service are to be placed underground throughout the Condominium in accordance with City ordinances CR 426-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 14, 2003, which bears the signature of the Director of Finance, is approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached an Agreement between the Michigan Department of Transportation and the City of Livonia for the resurfacing of Grand River Avenue from Eight Mile to Inkster Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby authorize the expenditure of the sum of $5,150 00 (the City's estimated share of this project being 2 28% of the total estimated cost of this project of $226,200 00) from Account No 202-463-818-125 (Major Street Fund - County Project Participation) for this purpose, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed Agreements, to the Michigan Department of Transportation CR 427-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 14, 2003, which bears the signature of the Director of Finance, is approved as to the form by the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and the County of Wayne for the resurfacing of Five Mile Road from Levan Road to Farmington Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize Regular Meeting of August 27, 2003 34222 the expenditure of the sum of $86,194 00 (the City's estimated share of this project being 8 44% of the total estimated cost of this project of $1,020,453 00) from Account No 202-463-818-125 (Major Street Fund - County Project Participation) for this purpose, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed Agreements, to the Wayne County Department of Public Services, Division of Engineering CR 428-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 14, 2003, which bears the signature of the Director of Finance, is approved as to the form by the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and the County of Wayne for the resurfacing of Seven Mile Road between Haggerty Road and Blue Skies Street, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $51,192 00 (the City's estimated share of this project being 7 97% of the total estimated cost of this project of $641,725 00) from Account No 202-463-818-125 (Major Street Fund - County Project Participation) for this purpose, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed Agreements, to the Wayne County Department of Public Services, Division of Engineering CR 429-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 17, 2003, which bears the signature of the Finance Director, is approved as to form by the City Attorney and is approved for submission by the Mayor, wherein it is requested that four (4) new streets (Bredin Court, Clarita, Norwich and Pickford) be added to the 2003 Asphalt Pavement Reconstruction and Rehabilitation Program (Contract 03-M) and that the type of pavement repairs be changed from the original treatment described in the contract for four streets (Laurel Park, Mayfield, Howell and Riga), which work will increase the total contract amount to $1,806,013 00, the Council does hereby concur in such recommendation and does hereby approve the changes to the contract (previously approved in Council Resolution 155-03) and authorize payment to Hayball Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150, in the amount of $321,600 00 for these additions and changes to the contract; FURTHER, the Council does hereby authorize an expenditure in the amount of $321,600 00 from Account No 204-463-818-110 for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Regular Meeting of August 27, 2003 34223 City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution CR 430-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 17, 2003, which bears the signature of the Finance Director, is approved as to form by the City Attorney and is approved for submission by the Mayor, wherein it is requested that the Engineering Services Contract in connection with the 2003 Asphalt Pavement Reconstruction and Rehabilitation Program be amended due to additional services required of the Engineer to incorporate the addition of four (4) new streets to the original contract and changes in the type of pavement repairs from the original treatment for four (4) streets, the Council does hereby concur in such recommendation and does hereby approve an amendment to add such services to the existing Engineering Contract (previously approved in Council Resolution 611-02 and revised by Council Resolution 124-03) and authorize payment to Orchard, Hiltz & McCliment, Inc , 34935 Schoolcraft Road, Livonia, Michigan 48150, in the amount of $26,820 00 for these additional services, FURTHER, the Council does hereby appropriate and authorize a budget transfer in the amount of $26,820 00 from Account No 204-463-818-110 (Contractual Service - Reconstruction) to Account No 204-441-818-102 (Contractual Service - Engineer) for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution CR 431-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 17, 2003, which bears the signature of the Finance Director, is approved as to form by the City Attorney and is approved for submission by the Mayor, wherein it is requested to add an additional 1,085 feet of concrete curb and gutter replacement in connection with the repair of westbound Schoolcraft Service Drive between Merriman and Middlebelt Roads to the 2003 Concrete Pavement Reconstruction and Rehabilitation Program (Contract 03-L), which work will increase the total contract amount to $1,523,951 00, the Council does hereby concur in such recommendation and does hereby approve an amendment to the existing contract (previously approved in Council Resolution 161-03) and authorize payment to Peter A. Basile Sons, Inc , 13000 Newburgh Road, P 0 Box 532530, Livonia, Michigan 48153-2530 in the amount of $27,006 00 for this additional work, FURTHER, the Council does hereby authorize an expenditure in the amount of $27,006 00 from Account No 204-463-818- 110 (Contractual Services - Reconstruction) for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is Regular Meeting of August 27, 2003 34224 hereby requested to do all other things necessary or incidental to the full performance of this resolution CR 432-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 16, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of R S Contracting, Inc., 16737 Thirteen Mile Road, Fraser, Michigan 48026, for completing all work required in connection with the 2003 Lane Line Marking Program (Contract 03-A) for the estimated total cost of $81,134 70, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest and only bid received and meets specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $70,000 00 from funds already budgeted in Account No 202-463-818-118 (Major Roads Lane Line Marking) for this purpose, FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the amount of $11,134 70 from the Unexpended Fund Balance of Major Roads Account for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it 1,60 becomes necessary; 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 bidder and to do all other things necessary or incidental to the full performance of this resolution A communication from the Engineering Division, dated July 28, 2003, - Administrative Response - re suggested crosswalks patterns at the Livonia Community Recreation Center, was received and placed on file for the information of the Council (CR 343-03) CR 433-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 15, 2003, which bears the signature of the Finance Director, and is approved for submission by the Mayor, wherein it is requested that the design contract for the Five Mile and Hubbard Roads intersection be amended to cover additional fees incurred by Orchard, Hiltz & McCliment associated with the changes in the design required to conform to Wayne County's request to install directional cross over pairs rather than a dedicated left-turn lane for the Livonia Community Recreation Center, the Council does hereby concur in such recommendation and does hereby approve such Amendment (Amendment No 1) to the existing design Regular Meeting of August 27, 2003 34225 contract (previously approved in Council Resolution 453-02) and authorize payment to Orchard, Hiltz & McCliment, Inc , 34935 Schoolcraft Road, Livonia, Michigan 48150, in the amount of $5,126 00 for this additional work, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $5,126 00 from the Michigan Transportation Fund (Major Road Account) for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution CR 434-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 21, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Maintenance Men, Inc , 29100-Terrence, Livonia, Michigan 48154, for completing all work required in connection with the Loveland Avenue Underdrain System for the estimated total cost of $11,663 00 based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest quote received for this item, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $11,663 00 from the unexpended fund balance of the Drainage Projects Construction Fund (465) for this purpose, such action being taken without competitive bidding for the reasons indicated in the aforesaid communication and in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 435-03 RESOLVED, that having considered a communication from the City Planning Commission, dated July 24, 2003, which transmits its resolution 07-105-2003, adopted on July 22, 2003, with regard to Petition 2003-06-02-12, submitted by Sucha Singh Sohal, on behalf of Tu Hi Tu, LLC, doing business as Roly Poly Rolled Sandwiches, requesting waiver use approval to operate a limited service restaurant on property located at 37609 Five Mile Road, on the south side of Five Mile Road between Newburgh Road and Blue Skies Avenue in the Northeast 1/4 of Section 19, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-06-02-12 is hereby approved and granted, subject to the following conditions Regular Meeting of August 27, 2003 34226 1 That the number of customer seats shall be limited to no more than 2 30 seats, That the following issues as outlined in the correspondence dated June 24, 2003 from the Inspection Department shall be rectified to that department's satisfaction • That this entire space, including the entry doors, shall be fully barrier free compliant with the MBC 2000 and the ICC/ANSI A117 1, 1998, which may include curb cuts and ramping, • That certain areas of the parking lot shall be repaired and double striped as deemed necessary by the Inspection Department; • Where it is needed, south rear exit doors on this center shall receive proper maintenance or be replaced, and 3 That a dumpster shall be provided for the subject restaurant and shall be emptied regularly as needed CR 436-03 RESOLVED, that having considered a communication from the City Planning Commission, dated July 24, 2003, which transmits its resolution 07-106-2003, adopted on July 22, 2003, with regard to Petition imbe 2003-06-02-13, submitted by Robert Griffore, on behalf of TCF National Bank, requesting waiver use approval to construct and operate a bank branch with drive-thru operations on property located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 'A of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-06-02-13 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP1 00 prepared by Bowers and Rein Associates, Inc , dated July 17, 2003, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked LP1 00 prepared by Bowers and Rein Associates, Inc , dated July 17, 2003, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers shall be provided for all landscaped and sodded areas, and all planted materials shall be installed to the Regular Meeting of August 27, 2003 34227 satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Building Elevations Plan marked Sheet A5 00 prepared by Bowers and Rein Associates, dated July 17, 2003, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the building shall be full face four (4) inch brick, no exceptions, 7 That the site's dumpster enclosure shall be of masonry construction to match the building brick and shall have metal gates which, when not in use, shall be closed at all times, 8 That the lighting equipment shall be shielded to minimize glare trespassing on the adjacent properties and roadway and such equipment shall not exceed 20 feet in height; 9 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 10 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 11 That the petitioner shall comply with the stipulations listed in the correspondence dated June 27, 2003 from the Livonia Fire and Rescue Division of the Department of Public Safety. • If subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection • Access around building shall be provided for emergency vehicles with turning radius up to forty-five feet wall to wall and a minimum vertical clearance of 13 1/2 feet. 12 That this approval shall incorporate the following comments listed in the correspondence dated July 2, 2003 from the Traffic Bureau of the Division of Police • That the petitioner shall post the height of the canopy over the drive-thru to avoid overhead collisions Regular Meeting of August 27, 2003 34228 • That each handicap space must be individually posted per City 13 ordinance That all parking spaces on the site shall be double striped, 14 That the specified plans referenced in the approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 15 That all other conditions imposed by Council Resolution #523-01, which granted approval for the commercial portion of Fountain Park, shall remain in effect to the extent that they are not in conflict with the foregoing conditions CR 437-03 RESOLVED, that having considered a communication from the City Planning Commission, dated July 24, 2003, which transmits its resolution 07-107-2003, adopted on July 22, 2003, with regard to Petition 2003-06-02-14, submitted by Frank Jonna, on behalf of Livonia Chestnut L.L C , requesting waiver use approval to construct and operate a full service restaurant (T G I Friday's) on property located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Northwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-06-02-14 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SPA-1 prepared by Jonna Companies, dated July 22, 2003, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheets SPA-6 and SPA-7, both dated July 22, 2003, as revised, are hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Building Elevations Plans marked Sheets SPA-3 and SPA- 4, both dated July 31, 2003, as revised, are hereby approved and shall be adhered to, except for the portions of the east and west Regular Meeting of August 27, 2003 34229 elevations that show E F I S shall have brick on the lower portions 6 of the walls for a minimum distance of four(4) feet above grade That the maximum number of customer seats shall not exceed 284, 7 That the exterior wall material for the walk-in cooler component shall be brick, 8 That the brick used for the construction of the building, for the walls of the trash and service yard enclosure, and as the exterior material for the walk-in cooler shall be full face four (4) inch brick, no exceptions, 9 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 10 That all parking spaces provided in connection with this use shall be double striped, 11 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 12 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 13 For noise control purposes, there shall be no outside speakers on the building whatsoev9r; 14 That the petitioner shall comply with the stipulations listed in the correspondence dated June 25, 2003 from the Livonia Fire and Rescue Division of the Department of Public Safety. • If subject building(s) are to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection • Access around building shall be provided for emergency vehicles with turning radius up to forty-five feet wall to wall and a minimum vertical clearance of 13 1/2 feet. 15 That this approval shall incorporate the following comments listed in the correspondence dated July 2, 2003 from the Traffic Bureau of the Division of Police Regular Meeting of August 27, 2003 34230 • The internal roadway that connects this site to the Target parking lot must be well marked so that shoppers will have no difficulty determining the route they need to drive in order to exit at the signalized driveway • Parking shall be prohibited on the east side of the delivery zone curb (rear of restaurant #1) to prohibit vehicles from parking along the curb and interfering with vehicles using the roadway to access the exit or Target parking area • Handicap parking spaces shall be individually signed per City ordinance 16 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 17 That this approval shall be contingent upon the vacating of Old Haggerty Road right-of-way adjacent to the subject site CR 438-03 RESOLVED, that having considered a communication from the City Planning Commission, dated July 24, 2003, which transmits its resolution 07-108-2003, adopted on July 22, 2003, with regard to Petition 2003-06-02-15, submitted by Frank Jonna, on behalf of Livonia Chestnut, L L C , requesting waiver use approval to construct and operate a full service restaurant (Panera Bread) on property located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Northwest '/ of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-06-02-15 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SPA-1 prepared by Jonna Companies, dated July 22, 2003, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plans marked Sheets SPA-6 and SPA-7, both dated July 22, 2003, are hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, Regular Meeting of August 27, 2003 34231 5 That the Building Elevations Plan marked Sheet SPA-10, dated August 22, 2003, is hereby approved and shall be adhered to, 6 That the maximum number of customer seats shall not exceed 163, 7 That the brick used in the construction of the building shall be full face four (4) inch brick, no exceptions, 8 That the three walls of the dumpster enclosure shall be constructed of the same brick used in the construction of the building and the structure shall have metal gates which, when not in use, shall be closed at all times, 9 That additional appropriate screening material for rooftop mounted mechanical units shall be provided if the parapet walls do not completely conceal all such units, 10 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 11 That all parking spaces provided in connection with this use shall be double striped, 12 Signage is hereby approved with this petition for the south and west elevations only, the combined area of which shall not exceed 68 square ft., subject to Zoning Board of Appeals approval, 13 That the petitioner shall secure the necessary storm water management permits, from, Wayne County, the City of Livonia and/or the State of Michigan, 14 That the petitioner shall comply with the stipulations listed in correspondence dated June 25, 2003, from the Livonia Fire and Rescue Division of the Department of Public Safety' • If subject building(s) are to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection • Access around building shall be provided for emergency vehicles with turning radius up to forty-five feet wall to wall and a minimum vertical clearance of 13 1/2 feet. 15 That this approval shall incorporate the following comments listed in the correspondence dated July 2, 2003 from the Traffic Bureau of the Division of Police Regular Meeting of August 27, 2003 34232 • The internal roadway that connects this site to the Target parking lot must be well marked so that shoppers will have no difficulty determining the route they need to drive in order to exit at the signalized driveway • Parking shall be prohibited on the east side of the delivery zone curb (rear of restaurant #1) to prohibit vehicles from parking along the curb and interfering with vehicles using the roadway to access the exit or Target parking area • Handicap parking spaces shall be individually signed per City ordinance 16 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the-building permits are applied for; and 17 That this approval shall be contingent upon the vacating of Old Haggerty Road right-of-way adjacent to the subject site CR 439-03 RESOLVED, that having considered a communication from the City Planning Commission, dated July 11, 2003, which transmits its resolution 07-100-2003 adopted on July 8, 2003, with regard to Petition 2003-06-08-15 submitted by Vieste Building, requesting site plan approval in connection with a proposal to construct a commercial building on property located at 28780 Plymouth Road, on the north side of Plymouth Road between Middlebelt Road and Hartel Avenue in the Southwest 1/4 of Section 25, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, ,the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-06-08-15 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated July 9, 2003, as revised, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet 2 dated July 14, 2003, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, Regular Meeting of August 27, 2003 34233 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plan marked Sheet P-2 dated July 2, 2003, as revised, prepared by D'Anna & Associates, is hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face four (4) inch brick, no exceptions, 8 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 9 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, 'texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 10 That the protective screen wall along the north property line shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and said wall shall be a minimum six (6) feet in height, 11 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia and/or the State of Michigan, 12 That all light fixtures shall not exceed 20 ft in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 13 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 14 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, Regular Meeting of August 27, 2003 34234 15 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 16 That sidewalk shall be removed from the east corner of the building and replaced with landscaping CR 440-03 RESOLVED, that having considered a communication from the City Planning Commission, dated July 11, 2003, which transmits its resolution 07-101-2003 adopted on July 8, 2003, with regard to Petition 2003-06-08-16 submitted by MAK Press & Machine, requesting site plan approval in connection with a proposal to construct an addition to the industrial building located at 12447 Hartel Avenue, on the west side of Hartel Avenue between Plymouth Road and the C&O Railroad right-of- way in the Southwest 1/4 of Section 25, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-06-08-16 is hereby approved and granted, subject to the following conditions 1 That the Site and Landscape Plan marked C-1, as revised, dated July 2, 2003, prepared by J G Morris Company, is hereby approved and shall be adhered to, 2 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet A-2, dated July 2, 2003, as revised, prepared by J G Morris Company, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face four (4) inch brick, no exceptions, 7 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, Regular Meeting of August 27, 2003 34235 8 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia and/or the State of Michigan, 9 That all light fixtures shall not exceed 20 ft. in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 10 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated June 30, 2003 • That the site's landscaping shall be cleaned up and reestablished and thereafter permanently maintained in a healthy condition, • That the scrap and debris between the rear of the building and the protective wall shall be removed, • That sections of the sidewalk at the south end of the property shall be replaced, 11 That the site's dumpster shall be enclosed and the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 12 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 441-03 RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 30, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to a proposed amendment to the Livonia Code of Ordinances to address the subject of sewer line payback agreements, and which transmits a draft payback agreement proposed in connection with Petition 2001-11-02-26 (Boulder Pines Development) that would require any private individuals tapping into this sewer line extension to pay a pro-rata share of the costs of the extension, the Council does Regular Meeting of August 27, 2003 34236 hereby refer this item to the Water, Sewer and Waste Committee for its report and recommendation CR 442-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Comerica Bank, dated August 3, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 89, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, October 1, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, October 1, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application CR 443-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Observer & Eccentric Newspapers, dated August 6, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 88, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing Regular Meeting of August 27, 2003 34237 on this Application on Wednesday, October 1, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, October 1, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application CR 444-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from ElringKlinger Sealing Systems (USA), Inc., dated August 14, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 62, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, October 1, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, October 1, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application CR 445-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from 34000 Plymouth Road, LLC, (such name amended by Orchard, Hiltz & McCliment, Inc. as indicated in its letter dated August 18, 2003), dated August 11, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 90, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes Regular Meeting of August 27, 2003 34238 from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, October 1, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, October 1, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result AYES Vandersloot, Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson NAYS None A communication from the Public Service Division, dated August 22, 2003, re request to fund Guarantee Services Program with Honeywell, Inc. for the period of January, 2003 to November 30, 2003, so as to receive guaranteed energy cost credits, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was CR 446-03 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated July 7, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is requested that Council authorize payment for the Guarantee Services Program provided by Honeywell, Inc , whereby Honeywell, Inc will provide quarterly energy avoidance reports to the City and will train and provide assistance to City staff in managing the heating, venting and air conditioning equipment in 18 City facilities, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Regular Meeting of August 27, 2003 34239 On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 447-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 15, 2003, submitted in connection with Council Resolution 211-03, with regard to a communication from Sam Kallabat, on behalf of Livonia Beer & Wine Shoppe, dated February 12, 2003, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on February 11, 2003 by the City Planning Commission in its resolution 02-23-2003 with regard to Petition 2002-12-02-27, submitted by Nasrat Kallabat, on behalf of Livonia Beer & Wine Shoppe, requesting waiver use approval to utilize an S D D license in connection with an existing beer and wine shop located on the northeast corner of Joy and Hix Roads in the Southeast 1/4 of Section 31, which property is zoned C-2, and the Council having held a public hearing with regard to this matter on April 14, 2003, the Council does hereby reject the recommendation of the Planning Commission and Petition 2002-12-02-27 is hereby approved and granted A communication from the Department of Law, dated August 25, 2003, re new information on the subject of maximum interest rate on installment payments as it refers to a proposed amendment to Section 3 08 150A of the Livonia Code of Ordinances, was received and placed on file for the information of the Council (CR 136-03) Councilmember Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION A OF SECTION 150 OF TITLE 3, CHAPTER 08 (SPECIAL ASSESSMENTS) 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 The above Ordinance was placed on the table for consideration at the next regular meeting Regular Meeting of August 27, 2003 34240 On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 448-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 12, 2003, submitted pursuant to Council Resolution 108-99, with regard to Class C liquor license quotas, the Council does hereby request the Department of Law to prepare a report and recommendation on possible language revisions that will assist the City should litigation arise involving the Council's exercise of discretion in allocating licenses On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was - CR 449-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 12, 2003, submitted pursuant to Council Resolution 108-99, with regard to Class C liquor license quotas, the Council does hereby request the Department of Law to contact communities surveyed in its April 3, 2000 memo to get feedback on how their ordinances have served the community and if they have been legally challenged, and submit its findings to Council On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 450-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 12, 2003, submitted pursuant to Council Resolution 108-99, with regard to Class C liquor license quotas, the Council does hereby refer the subject of increasing the number of liquor licenses available in Livonia to the Police Department for its report and recommendation Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2003-01-01-06) Regular Meeting of August 27, 2003 34241 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 Taylor, seconded by Dolan, and unanimously adopted, it was CR 451-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 26, 2003, which transmits its resolution 06-93-2003 adopted on June 17, 2003, with regard to Petition 2003-05-08-12 submitted by Leo Soave, on behalf of Cavell Woods Site Condominimums, requesting approval of the Master Deed, bylaws and site plan in connection with a proposal to construct a site condominium development on property located at 14595 Cavell Avenue on the west side of Cavell Avenue between Five Mile Road and Western Golf Drive in the Northeast 1/4 of Section 24, pursuant to the provisions set forth in Section 18 62 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-05-08-12 is hereby approved and granted, subject to the following conditions 1 That the Master Deed and bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the Livonia Code of Ordinances, and Article XX, Section 20 01- 20 06 of Zoning Ordinance #543, except for the fact the following shall be incorporated • That the first floor of each condominium unit shall be brick or stone, on all four sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, 2 That the brick used in the construction of each condominium unit shall be full-face four (4) inch brick, no exception, 3 That the petitioner shall include language in the Master Deed or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty Regular Meeting of August 27, 2003 34242 (30) days of billing by the City of Livonia, and the Master Deed shall state in Article 7, Section 1, paragraph (f), that no fencing should be erected within the five (5) foot greenbelt as shown on the site plan on the south and west boundaries of the development; 4 That the Site Plan marked Sheet 1 dated 8/6/03, as revised, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 5 That the petitioner shall correct to the Engineering Department's satisfaction the following as outlined in the correspondence dated June 2, 2003 • That sidewalks shall be required in conjunction with this site condominium development; • That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 6 That the Landscape Plan marked Sheet 1 dated June 11, 2003, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 7 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 8 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 9 That underground sprinklers are to be provided for the greenbelt easement along the north side of the development's street, from Cavell Avenue all the way to condominium Lot 15, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 10 That an Entrance Marker Application shall be submitted to the Planning Commission and City Council for their review and approval, 11 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and Regular Meeting of August 27, 2003 34243 12 That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development. Alan Wozniak, 14702 Santa Anita, Livonia, 48154, spoke about his concerns regarding parking signs and also not allowing fencing to be built in the 5 foot greenbelt area On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 452-03 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 7 391 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 90", and WHEREAS, written notice has been given by certified mail to 34000 Plymouth Road, LLC, 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 90, 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 90, and WHEREAS, on August 18, 2003, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 90, at which time 34000 Plymouth Road, LLC 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 34000 Plymouth Road, LLC attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS Regular Meeting of August 27, 2003 34244 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto fir. 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 90 " EXHIBIT A A parcel of land located in the South 1/2 of the Southeast 1/4 of Section 28, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan More particularly described as follows Beginning at a point in the South line of said Section, said point being distant N 89°17'20" W 1461 86 feet from the Southeast corner of said Section, thence along said South line of Section N 89°17'20" W 333 65 feet; thence N 00°29'30" W 300 00 feet; thence N 89°17'20" W 302 69 feet; thence N 00°29'30" W 346 37 feet to a point on the South line of "Newman Wadsworth Farms" as recorded in Liber 71, Page 56 of Plats, Wayne County Records, thence along said South line S 89°47'25" E 635 65 feet; thence S 00°32'40" E 651 95 feet to the Point of Beginning Contains 321,968 sq ft. or 7 391 acres of land Subject to all easements and restrictions of records On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 453-03 RESOLVED, the Council does hereby refer the subject of high tech Industrial Facilities Exemption Certificates to the Committee of the Whole for its report and recommendation On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 454-03 RESOLVED, that having considered a communication from the Police Chief, dated August 1, 2003, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $750 00 from Wal-Mart Foundation, the same to be appropriated and credited to Account No 702 --- 285-213 (Police Crime Prevention) to purchase a TASER® less-lethal weapon On a motion by Knapp, seconded by Dolan, and unanimously adopted, it Regular Meeting of August 27, 2003 34245 was CR 455-03 RESOLVED, that having considered a communication from the Fire Chief, dated August 1, 2003, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $750 00 from Wal-Mart of Livonia, the same to be appropriated and credited to Account No 702 --- 285-336 (Fire - Community Donations) for purposes as designated by the donor On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 456-03 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 6, 2003, approved for submission by the Mayor, and the subsequent report and recommendation of the City Attorney and the City Engineer, dated August 21, 2003, approved for submission by the Mayor, the Council does hereby accept the unit price bid of Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150, for completing all work required in connection with the construction of an aggregate parking lot at Greenmead, southeast of the Blue House (Agreement with Quicken Loans to use Greenmead for parking previously approved in Council Resolution 111-03) for the estimated total cost of $47,322 00, based upon the Public Service Division's estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby concur in thp recommendation of the Engineering Division that the City of Livonia shall pay Hayball Transport, Inc directly upon certification by the Engineering Division that the contractor's payment request is valid, and within 30 days thereafter Quicken Loans shall donate $47,322 00 to the City of Livonia as outlined in CR 111-03, FURTHER, no construction vehicles of Hayball Transport, inc. shall be stored at the Greenmead Church parking lot and shall be parked off-site, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution Angelo Vitale, attorney representing Quicken Loans, was present at the meeting to answer questions of the Council Regular Meeting of August 27, 2003 34246 During audience communication at the end of the meeting, Councilmember Vandersloot announced "Happy Birthday" wishes to City Attorney Sean Kavanagh, whose birthday is on August 29, and also to City Treasurer Linda Grimsby, whose birthday is on August 28 She also congratulated all the Livonia residents who participated in the 26th Annual Bobby Crim 10 mile race held in Flint on Saturday, August 23 Among the participants were her husband, Don, and Attorney General Michael Cox. Councilmember Knapp wished a belated "Happy Birthday" to his nephew, Ethan William Hall, who celebrated his first birthday on August 24 On a motion by Brosnan, seconded by Dolan, and unanimously adopted, this 1,495th Regular Meeting of the Council of the City of Livonia was adjourned at 8 55 p m , August 27, 2003 cin►: ,,,,. _ 1 t c`_.12 taj. C c Joa McCotter, City Clerk C iu___ L .. I