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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-03-12 MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-FOURTH REGULAR MEETING OF MARCH 12, 2003 On March 12, 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; Karen Szymula, Director of Legislative Affairs, Michael Slater, Director of Finance, Robert Beckley, Director of Public Works, Linda McCann, Director of Community Resources, James Inglis, Executive Director of the Housing Commission, Ron Reinke, Superintendent of Parks and Recreation and Ian Wilshaw, Traffic Commission On a motion by Taylor, seconded by Laura, it was CR 84-03 RESOLVED, that the minutes of the 1,483rd Regular Meeting of the Council held February 26, 2003 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Dolan, Taylor, Laura, Knapp and Engebretson NAYS None PRESENT Vandersloot and Brosnan Councilmember Taylor stated that a communication was received from James Wegerly of the Mid America Shows, Inc , relative to Council Resolution 626-02, wherein a change of dates is requested for their annual carnival at Livonia Mall On a motion by Taylor, seconded by Knapp, and unanimously adopted, it Regular Meeting of March 12, 2003 33963 was CR 85-03 RESOLVED, that having considered a communication from James K. Wegerly, dated March 11, 2003, requesting to change the dates to conduct their annual carnival at Livonia Mall from April 4, 2003 through April 17, 2003, inclusive, to April 6, 2003 through April 19, 2003, inclusive, the Council does hereby approve this request and Council Resolution 626-02 is hereby amended to read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 2002, which transmits its resolution 10-134-2002, adopted on October 22, 2002, with regard to Petition 2002-09-02-16, submitted by Mid America Shows, Inc , requesting waiver use approval to conduct a carnival sponsored by the Livonia Mall Merchants Association consisting of amusement rides, games and food concessions, as amended, from Sunday, April 6, 2003 through Saturday, April 19, 2003, inclusive, on property located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Road in the Southeast 1/4 of Section 2, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2002-09-02-16 is hereby approved and granted, subject to the following conditions 1 That the duration of the carnival shall be limited to the dates from April 6, 2003 through April 19, 2003, inclusive, except under the circumstances that an extension of three (3) additional days to April 22, 2003, is granted by the Director of Public Works under the provisions of Section 11 03(L) of Zoning Ordinance #543, 2 That the proposed carnival operation shall be confined to the area as illustrated on the Site Plan submitted with this request; 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile Road right-of- way line, 4 That all trucks and other transportation equipment shall be parked or stored within the northwesterly portion of the Livonia Mall parking lot, but no closer than 100 feet from the west property line abutting the Ziegler Place site or 250 feet from the south property line abutting Hunters Brook Condominiums, 5 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m and 7 00 a m , including motors on any refrigeration trucks, Regular Meeting of March 12, 2003 33964 6 That there shall be no living quarters at the location of the stored trucks, 7 That the hours of operation of the carnival shall be as stated in a letter dated September 20, 2002, from James K. Wegerly, Vice President of Mid America Shows, Inc., which have been approved by the Police Department; and 8 That access to fire hydrants is provided for the Fire Department. Councilmember Laura mentioned that he will not be present at the City Council meetings for the next 2-3 weeks because elements of his unit have been ordered to South Korea to participate in war exercises He asked the community to pray for the members of the Armed Forces that are making great sacrifices for our country Council President Engebretson assured Councilmember Laura that all military service people serving our country across the world will be in our thoughts and prayers A communication from the Department of Parks and Recreation, dated March 6, 2003, re road closures for the City of Livonia's Memorial Day Parade, was received and placed on file for the information of the Council (Agenda Item #5) A communication from the Housing Commission, dated March 4, 2003, re portable generator use at Silver Village not being appropriate, was received and placed on file for the information of the Council (Agenda Item #10) On a motion by Vandersloot, seconded by Dolan, it was CR 86-03 RESOLVED, that having considered a letter from Reverend C Allen Kannapell, St. Andrew's Episcopal Church, dated February 7, 2003, which requests permission to place signs announcing an All-Parish Rummage/Garage Sale to be conducted on Friday and Saturday, May 2 and May 3, 2003, which signs are double-sided and are 4' x 5' in size and which will be located on the northeast corner of Hubbard and Five Mile Roads and the northeast corner of Hubbard and Six Mile Roads, and which signs would be installed on May 2, 2003, and removed on May 3, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 87-03 RESOLVED, that having considered a letter from John Heinzman, II, Vice Chair, Great Lakes Feis, dated February 20, 2003, the Regular Meeting of March 12, 2003 33965 Council does hereby take this means to indicate that Great Lakes Feis is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Great Lakes Feis an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute CR 88-03 RESOLVED, that having considered a letter from Barbara Swiech and Debby Ferris, on behalf of the Stevenson High School Booster Club, dated February 17, 2003, which requests permission to display wire signs advertising the Stevenson High School Spring Craft Show to be conducted on Saturday, April 5, 2003, which signs are to be installed no earlier than Saturday, March 29, 2003, and removed no later than Sunday, April 6, 2003, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted CR 89-03 RESOLVED, that having considered a letter from Barbara Swiech, Carol Segal and Debby Ferris, representing Stevenson High School Booster Club, dated February 17, 2003, the Council does hereby take this means to indicate that Stevenson High School Booster Club is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Stevenson High School Booster Club an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute CR 90-03 RESOLVED, by the City Council of the City of Livonia, that the annual Memorial Day Celebration be, and hereby is approved for Saturday, May 24, 2003, beginning at 9.00 a m , and that the permission of the Wayne County Road Commission is hereby requested to close Five Mile Road at Farmington Road to Hubbard Street on May 24, 2003, between the hours of 9 00 a m and 12 00 noon or until the roads are returned to normal traffic operation, and that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Sgt. Wesley McKee is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia CR 91-03 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated February 11, 2003, approved for submission by the Mayor, and to which is attached a list of final adjustments required for the fiscal year 2002 budget, the Council does hereby authorize the said budget adjustments and transfers in the manner and form set forth in the attachment. Regular Meeting of March 12, 2003 33966 A communication from the Department of Finance, dated February 19, 2003, re the Annual Report of the City Investment Policy which outlines the investment activity of City funds, excluding the City's pension funds, for the period December 1, 2001 through November 30, 2002, was received and placed on file for the information of the Council (CR 820-98) CR 92-03 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated February 19, 2003, approved for submission by the Mayor, and to which is attached a Release Agreement to enable the Fire Department to utilize Madonna University facilities and property for training purposes with no remuneration, the Council does hereby authorize the Fire Chief, for and on behalf of the City of Livonia, to execute the Release Agreement in the manner and form herein submitted, subject to approval as to form by the Department of Law, as well as to do all things necessary or incidental to the full performance of this resolution CR 93-03 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated February 19, 2003, approved by the City Attorney and is approved for submission by the Mayor, and to which is attached an Agreement between Livonia Fire & Rescue and Health Emergency Medical Services, Inc. (HEMS) to Institute HIPAA (Health Insurance Portability and Accountability Act) Privacy Provisions, to protect health and patient confidentiality information and the transfer of such information between agencies, the Council does hereby authorize the Fire Chief, for and on behalf of the City of Livonia, to execute the aforementioned Agreement in the manner and form herein submitted, subject to approval as to form by the Department of Law, as well as to do all things necessary or incidental to the full performance of this resolution CR 94-03 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 10, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of First Contracting, P 0 Box 1190, Okemos, Michigan 48805, for the installation of a natural gas emergency power generator for the Silver Village community building for the base bid of $33,780 00 and an allowance of $2,000 00 for a total amount not to exceed $35,780 00, with the understanding that if no changes are required to address unforeseen site/building conditions, the allowance will be subtracted, such bid having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $20,000 00 from Capital Outlay Regular Meeting of March 12, 2003 33967 Account No 296-831-987-000 and an expenditure in an amount not to exceed $15,780 00 from Fund Balance Account No 296-831-390-000 from funds already budgeted for this purpose CR 95-03 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 14, 2003, approved for submission by the Mayor, and to which is attached a report containing a brief explanation of the proposed 2003- 2004 Community Development Block Grant (CDBG) Program and Budget, the Council does hereby take this means to indicate its informal approval of the proposed program and tentative budget and does further authorize the Housing Commission to conduct a second public hearing on this matter for public comment and to thereafter prepare a final program and budget for submission to the City Council CR 96-03 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 11, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3462 02/03, the Council does hereby approve a two-year extension of the current agreement with D'Angelo Brothers, Inc., 24485 Middlebelt Road, Farmington Hills, Michigan 48336, for performing water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid in their proposal dated March 8, 2000, for the period April 1, 2003, through March 31, 2005, with a cap of $4,000 00 in the retainage amount as was authorized in the previous contract; 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 for the reasons indicated in the aforesaid communication, 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 97-03 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 11, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 3459 02/03, the Council does hereby accept the bid of ETNA Supply Company, 529 32nd Street, S E , Grand Rapids, Michigan 49548, for supplying the Public Service Division (Water Maintenance Section) with water main repair clamps at the unit prices bid for the 2003 calendar year for a total estimated amount of $15,248 50, the same having been in fact the lowest bid received and meets all specifications CR 98-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director Regular Meeting of March 12, 2003 33968 of Public Works, dated February 4, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Plymouth Concrete, Inc., 600 Junction Street, Plymouth, Michigan 48170, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 2003, through March 31, 2004, for an estimated total amount of$54,900 00, the same having been in fact the lowest bid received and meets specifications, FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second lowest bid of National Ready-Mix, Inc , 39000 Ford Road, Westland, Michigan 48185, which meets specifications, as an alternate for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 2003, through March 31, 2004, for an estimated total amount of $54,990 00 CR 99-03 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 11, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3458 02/03, the Council does hereby accept the bid of Nankin Sand Company, 39740 Cherry Hill Road, Canton, Michigan 48187, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $5 83 per yard delivered and $4 00 per yard for pickup, the same having been in fact the lowest bid received and meets specifications, FURTHER, in the event the lowest bidder is unable to furnish the material, the Council does hereby accept the second low bid of Wolverine Contractors, Inc , P 0 Box 760026, Lathrup Village, Michigan 48076, which meets specifications, as an alternate for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of$6 99 per yard delivered and $6 60 per yard for pickup CR 100-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 5, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid per ton for the 2003 calendar year requirements 1 Jackie's Transport, Inc., 7811 Chubb Road, Northville, Michigan 48167 M D O T - 22A $6 85 per ton W C R.0 - Porous Backfill Grade A 5 05 per ton W C R C - Porous Backfill Grade B 8 95 per ton Regular Meeting of March 12, 2003 33969 WC R.0 - 2NS - Natural Sand 7 00 per ton W C R.0 - 2MS - Mortar Sand 8 05 per ton Pea Gravel 10 30 per ton 10A Aggregate Stone 9 80 per ton 2 Ellsworth Industries, Inc., 13400 Beacon Hill, Plymouth, Michigan 48170 M D O T - 21AA - Limestone $ 7 56 per ton W C R C - 30A - (Slag) 8 95 per ton 1" to 3" Crushed Concrete 8 54 per ton Ag-Lime - "Parks" 8 45 per ton 3 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209 W C R.0 - 22X $ 5 83 per ton WCRC - 3A 1163 per ton 4 Milford Sand and Gravel, 8800 Dix Avenue, Detroit, Michigan 48209 60-40 Washed - Conc Aggregates $11 13 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid for the 2003 calendar year requirements 1 Jackie's Transport, Inc., 7811 Chubb Road, Northville, Michigan 48167 M D 0 T - 21AA - Limestone $ 7 65 per ton W C R.0 - 22X $ 6 35 per ton W C R.0 - 3A $ 11 80 per ton W C R.0 - 30A (Slag) $ 9 00 per ton 60-40 Washed - Conc Aggregates $ 11 45 per ton 1" to 3" Crushed Concrete $ 8 55 per ton Ag-Lime - "Parks" $ 9 10 per ton 2 Ellsworth Industries, Inc., 13400 Beacon Hill, Plymouth, Michigan 48170 Pea Gravel $10 50 per ton 3 American Aggregates of Michigan, 8800 Dix Avenue, Detroit, Michigan 48209 M D O T - 22A $ 7 33 per ton W C R.0 - Porous Backfill Grade A 5 33 per ton Regular Meeting of March 12, 2003 33970 W C R.0 - Porous Backfill Grade B 13.25 per ton 4 Milford Sand & Gravel, 8800 Dix Avenue, Detroit, Michigan 48209 W C R.0 - 2NS - Natural Sand $ 7 53 per ton 10A Aggregate Stone 11 13 per ton CR 101-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 11, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2003, through April 30, 2004 1 Nagle Paving Company, 30630 West 12 Mile Road, Farmington Hills, Michigan 48334 12WM Asphaltic Concrete $31 00 per ton 1100 Asphaltic Concrete 26 50 per ton 20 Wearing Fine (Driveway Top) 28 00 per ton 31 M Wearing 31 00 per ton 2 Aiax Materials Corp., One Aiax Drive, P. O. Box 71307, Madison Heights, Michigan 48071 Cold Patch Asphaltic Material (Pave 192), delivered $40 00 per ton 3 QPR, 200 Deerfield Point, Suite 200, 12735 Morris Road Extension, Alpharetta, Georgia 30004 Cold Patch Material (Q P R. or U P M ), delivered $49 50 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2003, through April 30, 2004 1 Ajax Materials Corp., One Ajax Drive, P. O. Box 71307, Madison Heights, Michigan 48071 Regular Meeting of March 12, 2003 33971 12WM Asphaltic Concrete $28 00 per ton 20 Wearing Fine (Driveway Top) 25 00 per ton 31 M Wearing 29 00 per ton 2 Angelo's Asphalt Materials, 800 Marion Avenue, River Rouge, Michigan 48218 1100 Asphaltic Concrete $21 00 per ton 3 Cadillac Asphalt Products, 27575 Wixom Road, Novi, Michigan 48376 Cold Patch Asphaltic Material (Pave 192), delivered $41 00 per ton Cold Patch Material (Q P R or U P M ), delivered $51 00 per ton CR 102-03 RESOLVED, that Leo Soave Building Company, Inc., 34822 Pembroke, Livonia, Michigan 48152, as proprietor, having requesting the City Council to approve the proposed Brookview West Site Condominium Development (previously known as Calvary Park Site Condominiums) in the Southwest 1/4 of Section 11 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 October 8, 2002, and by the City Council on November 6, 2002, and it further appearing that such site plan, together with Development Plans and Specifications for Improvements have been examined and approved by the Engineering Division as set forth in the report of that Department dated January 23, 2003, and the City Council having approved the Master Deed on November 6, 2002 in Council Resolution 592-02, therefore, the City Council does hereby establish the following requirements (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 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, Regular Meeting of March 12, 2003 33972 (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the 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 $37,150 00, of which at least $ 3,000 00 shall be in cash (b) Sidewalk Bond $3,300 00, of which as least $ 1,000 00 shall be in cash and require cash payments in the total amount of$6,385 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 and ornamental street lights are to be provided throughout the condominium development in accordance with City ordinances CR 103-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated February 10, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a summary outlining the final allocation of costs in connection Regular Meeting of March 12, 2003 33973 with the 2002 Sidewalk Program pursuant to Council Resolutions 143-02, 638-02 and 45-03, the Council does hereby determine as follows 1 To establish the final project cost at $375,272 04 of which total $113,416 72 is to be charged to the Single Lot Assessments and $261,855 32 is to be charged to the following City Funds. $15,964 92 to the Major Road Account, $82,144 93 to the Local Road Account, $124,762 92 to the Road, Sidewalk and Tree Account No 204-441-818-104, $33,045 55 to the Unexpended Fund Balance of the Water and Sewer Fund, $5,057 00 to Account No 101-722- 390-000 for work at Noble Library and $880 00 to Account No 101- 722-787-000 for work on the sidewalk at Sheldon Pool 2 To authorize an expenditure of $124,762 92 from the Road, Sidewalk and Tree Fund, Account No 204-441-818-104 to cover costs related to repairs of sidewalks heaved by tree roots 3 To authorize an additional expenditure of $8,964 92 from the Michigan Transportation Fund (Major Road Account) and an additional expenditure of $46,127 48 from the Michigan Transportation Fund (Local Road Account) for additional handicap ramps and the access sidewalk to Hoover School 4 To authorize final payment of $5,000 00 to Hard Rock Concrete, 38146 Abruzzi Drive, Westland, Michigan 48185 for work related to Contract 02-H upon final release of the punch list work by the Engineering Division CR 104-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated January 28, 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 current Agreement with Hard Rock Concrete, Inc , 38146 Abruzzi Drive, Westland, Michigan 48185, for completing all work required in connection with the 2003 Sidewalk Replacement Program at the unit prices from 2002, with an adjustment consisting of an increase of $0 20 per square foot for the water main repair locations only, for a total amount not to exceed $424,020 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, FURTHER, the Council does hereby authorize an advance in the amount of $105,889,00 (single lot assessment portion of the program) from the General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from Regular Meeting of March 12, 2003 33974 the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby appropriate and authorize an expenditure in the additional amount of $81,289 00 from the Michigan Transportation Fund ($67,740 00 from the Local Road Account and $13,549 00 from the Major Road Account) to pay for the City's portion of this contract; FURTHER, the Council does hereby authorize an expenditure in the amount of $226,242 00 from the Road, Sidewalk and Tree Fund (Account No 204-441-818-104 - Contractual Service Sidewalk) to repair sidewalks heaved by tree roots, FURTHER, the Council does hereby authorize an expenditure in the amount of $10,600 00 from the Unexpended Fund Balance of the Water and Sewer Fund for sidewalk repairs at water main break locations, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, 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 extension 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 105-03 RESOLVED, that having considered a communication from the City Planning Commission, dated February 13, 2003, which transmits its resolution 02-26-2003, adopted on February 11, 2003, with regard to Petition 2003-01-08-04 submitted by Livonia Public Schools, requesting Master Deed, bylaws and site plan approval in connection with a proposal to construct the Churchill Place Site Condominiums on property located at 9210 Newburgh Road, on the east side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southwest 1/4 of Section 32, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-01-08-04 is hereby approved and granted, subject to the following conditions 1 That the Master Deed and bylaws complies 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 the condominium unit, identified as Unit 1 on the Site Plan, shall be brick or stone on all four sides, and the total amount of brick or stone shall not be less than 50%, Regular Meeting of March 12, 2003 33975 2 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 (30) days of billing for the City of Livonia, 3 That the brick used in the construction of the condominium unit shall be full face 4 inch brick, no exceptions, 4 That the Site Plan marked Sheet 3 dated 8/28/02 prepared by Basney & Smith, is hereby approved and shall be adhered to, 5 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 6 That all required cash deposits, certified checks, irrevocable bank letter 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. CR 106-03 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 21, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2002-11-01-16, submitted by the City Planning Commission pursuant to CR 591-02, for a change of zoning of property located at 33400 Six Mile Road, on the north side of Six Mile Road between Farmington Road and Francavilla Drive in the Southeast 1/4 of Section 9 from C-1 to OS, the City Planning Commission in its resolution 02-19-2003 having recommended to the City Council that Petition 2002-11-01-16 be approved, Regular Meeting of March 12, 2003 33976 (2) Petition 2003-01-01-01, submitted by Henry Mark Stein for a change of zoning of property located at 15552 Newburgh Road, on the east side of Newburgh Road between Five Mile and Ladywood Roads in the Southwest 1/4 of Section 17 from R-2A to R-7, the City Planning Commission in its resolution 02-20-2003 having recommended to the City Council that Petition 2003-01-01-01, as amended so as to rezone this property to RC, be approved, (3) Petition 2003-01-01-02, submitted by Leo Soave for a change of zoning of property located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive in the Northwest 1/4 of Section 10 from RUFC to R-3, the City Planning Commission in its resolution 02-21-2003 having recommended to the City Council that Petition 2003-01-01-02 be approved, and (4) Petition 2003-01-01-03, submitted by Leo Soave for a change of zoning of property located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive in the North 1/2 of Section 10 from RUFC to R-3, the City Planning Commission in its resolution 02-22-2003 having recommended to the City Council that Petition 2003-01-01-03 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution CR 107-03 RESOLVED, that having considered 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, the Council does hereby designate Monday, April Regular Meeting of March 12, 2003 33977 14, 2003, at 7 00 p m as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia 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 Department of Public Works, dated February 14, 2003, re recommendation to add equipment storage building, pavilion at outdoor sports complex, interior message system and miscellaneous equipment at the Livonia Community Recreation Center, was received and placed on file for the information of the Council (CR 402-96) The Livonia Community Recreation Center Storage Building plans - Sheet A-1 Floor Plan, Enlarged Toilet Room Plan, and Reflected Ceiling Plan, and Sheet A-2 Building Sections Elevations and Roof Plan, received at the Capital Improvement Meeting of February 18, 2003, was received and placed on file for the information of the Council (CR 402-96) On a motion by Vandersloot, seconded by Taylor, and unanimously adopted, it was CR 108-03 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated February 18, 2003, submitted pursuant to Council Resolution 402-96, the Council does hereby authorize four additions to the Community Recreation Center as presented by the Administration in their letter of February 14, 2003, in the total amount of $645,000 00 (Equipment Storage Building, Regular Meeting of March 12, 2003 33978 $400,000 00, which is to be competitively bid by the Department of Public Works Director and approved by City Council, Pavilion at outdoor sports complex, $60,000 00, Interior message system - welcome, announcements, promotions and video play back, $60,000 00, miscellaneous equipment, $125,000 00). A communication from the Engineering Division, dated February 3, 2003, re the use of "Living Walls" as sound barriers adjacent to 1-275, as a substitute for conventional concrete sound barriers in residential areas, was received and placed on file for the information of the Council (CR 816-00) Three Detroit Free Press articles dated December 31, 1972, re the 1972 Environmental Noise Control Act and the dangers of excessive noise, received at the Streets, Roads and Plats Committee Meeting of February 25, 2003, was received and placed on file for the information of the Council On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 109-03 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 25, 2003, submitted pursuant to Council Resolution 816-00, the Council does hereby refer the subject of obtaining land easements from homeowners for a possible berm as a buffer for properties adjacent to I- 275, to the Engineering Division for its report and recommendation On a motion by Laura, seconded by Taylor and unanimously adopted, it was CR 110-03 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 25, 2003, submitted pursuant to Council Resolution 816-00, the Council does hereby refer the question of whether the City has any funds in its budget for berms, and to contact other Cities to inquire what they have done regarding berms as buffers to 1-275, to the Administration for a report and recommendation Regular Meeting of March 12, 2003 33979 A communication from the Public Service Division, dated February 20, 2003, re the City of Livonia Road Repair Program Status Update, was received and placed on file for the information of the Council (CR 562-02) Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 26 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 2000-12-01-22) 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 A communication from Angelo V Vitale, Quicken Loans, dated March 10, 2003, re this company's inability to provide a paved parking lot at Greenmead, but their willingness to bear the cost of a new gravel parking lot instead, as part of their Agreement to utilize four parking locations at Greenmead, was received and placed on file for the information of the Council A communication from the Department of Community Resources, dated March 6, 2003, re a phone poll of Historical Commission members, and their favorable opinion of having a gravel parking lot developed at Greenmead, was received and placed on file for the information of the Council A communication from the Department of Law, dated March 10, 2003, re an attached proposed Lease Agreement from Quicken Loans to utilize four parking Regular Meeting of March 12, 2003 33980 locations at Greenmead, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 111-03 RESOLVED, that having considered communications from the Department of Law, dated February 25, 2003, March 3, 2003, and March 10, 2003, respectively, approved for submission by the Mayor, and a communication from the Department of Community Resources, dated February 25, 2003, approved for submission by the Mayor, to which is attached a Lease Agreement between the City of Livonia and Quicken Loans for the utilization of parking at four different locations at Greenmead by Quicken Loans for a one year term and shall automatically renew for successive one (1) month terms in perpetuity, terminable upon 90 days written advance notice by either party, in an amount not to exceed $2,000 00 per month rental rate for the first nine months of the lease term and $3,000 00 per month thereafter, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Lease Agreement with Quicken Loans and to do all things necessary or incidental to the full performance of this resolution A communication from John D Dinan, Managing Member of J D Dinan Co , L L C , 28815 Eight Mile Road, Suite 101, Livonia 48152, dated February 10, 2003, re opposition to the proposed rezoning of property located at 14881 and 14891 Farmington Road, was received and placed on file for the information of the Council (Petition 2002-10-01-15) On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 112-03 RESOLVED, that having considered a communication from the City Planning Commission, dated December 26, 2002, which sets forth its resolution 12-154-2002 adopted on December 17, 2002, with regard to Petition 2002-10-01-15, submitted by Toni Aloe and Charles Sergison, on behalf of TACS, LL C , for a change of zoning of property located at 14881 and 14891 Farmington Road, on the west side of Farmington Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 21, from R-2 to OS, and the Council having conducted a public Regular Meeting of March 12, 2003 33981 hearing with regard to this matter on February 24, 2003, pursuant to Council Resolution 17-03, the Council does hereby approve Petition 2002- 10-01-15 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 Knapp, seconded by Dolan, and unanimously adopted, it was CR 113-03 RESOLVED, that having considered a communication from the Department of Law, dated March 3, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a Start Host Agreement between Rally Partners, Inc. and the City of Livonia in connection with "The Great Race 2003" which will commence at the Community Recreation Center on Tuesday, June 17, 2003, and end on Saturday, June 21 , 2003, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Start Host Agreement in the manner and form herein submitted and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum of $50,000 00 from the Unexpended General Fund Balance for this purpose, which account shall be reimbursed at such time as private donations are received to cover this expenditure On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 114-03 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was CR 115-03 WHEREAS, The residents of the City of Livonia, as well as the majority of persons living in Southeast Michigan, receive water service through the Detroit Water Department; and Regular Meeting of March 12, 2003 33982 WHEREAS, These citizens have been required to absorb a recent fifteen percent (15%) price increase for the water supplied by the City of Detroit and, since 1997, an increase of almost thirty-seven percent (37%), and WHEREAS, Livonia residents currently have no representation on the governing board which oversees wholesale water supply and sewerage service in the Detroit metropolitan area and, therefore, no voice in the decision-making process as to the establishment of water and sewer rates, and WHEREAS, Other suburban residents in Wayne, Oakland, Genesee and Macomb Counties who receive water from the Detroit Water System are similarly frustrated by having no voice as to the management and planning of the water system, and WHEREAS, The City of Livonia would be greatly served by the enactment of legislation which would provide such representation to suburban communities, and WHEREAS, Senate Bill No 195 sponsored by Senator Laura Toy, as well as House Bill No 4206, would create an independent, impartial board to oversee the water supply of the Detroit Water and Sewerage Department for fair representation of suburban and city customers, and WHEREAS, This proposed legislation would create a five (5) member board consisting of representatives from Oakland, Macomb and Genesee Counties, a representative from Wayne County elected by the Mayor of Detroit with the consent of the Detroit City Council and a representative from Wayne County elected through a majority vote of the five largest cities (excluding Detroit) in Wayne County; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Livonia, Michigan, hereby take this means to indicate the City's support for Senate Bill No 195 and House Bill No 4206 and to urge that this legislation be adopted to provide fair representation on matters involving wholesale water supply service or wholesale sewerage service BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Jennifer Granholm, State Senator Laura Toy, State Representative John Pastor, State Representative Daniel Paletko, the Michigan Municipal League State and Federal Affairs Division, and the Conference of Western Wayne There was no audience communication at the end of the meeting On a motion by Brosnan, seconded by Dolan, and unanimously adopted, this 1,484th Regular Meeting of the Council of the City of Livonia was adjourned at 8 39 p m , March 12, 2003 ftegr„ Joan McCotter, City Clerk