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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-02-26 MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-THIRD REGULAR MEETING OF FEBRUARY 26, 2003 On February 26, 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 Council Vice-President Knapp delivered the invocation Roll was called with the following result. Donald Knapp, Linda Dolan, Gerald Taylor, Joe Laura, and Jack Engebretson Absent: Val Vandersloot — ill, Maureen Miller Brosnan- special family event Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, Michael Slater, Director of Finance, Mary Rutan, Human Resources Director; Linda McCann, Director of Community Resources, Ron Reinke, Superintendent of Parks and Recreation, Ian Wilshaw, Traffic Commission and Stan Dobis, Cable Commission Council President Engebretson mentioned that Mayor Kirksey slipped on the ice and had undergone surgery last week, thereby preventing him from being in attendance at tonight's City Council meeting He sent wishes for a speedy recovery to both the Mayor and Councilmember Vandersloot. On a motion by Taylor, seconded by Dolan, it was CR 59-03 RESOLVED, that the minutes of the 1,482nd Regular Meeting of the Council held February 12, 2003 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Dolan, Taylor, and Engebretson NAYS None PRESENT Laura During the audience communication portion of the agenda, Council Vice- President Knapp stated that he received many positive comments from residents on the Regular Meeting of February 26, 2003 33945 speedy snow removal achieved by City employees, and he wished to pass his compliments on to the employees of the Public Service Division who were responsible for the snow removal At the direction of the Chair, Item No 14 was removed from the Consent Agenda. A communication from the Livonia Anniversary Committee, dated February 21, 2003, re correcting their January 28, 2003 letter by advising that the Chinese Acrobats Show will not be participating in SPREE-53 to be held on June 24 through June 29, 2003, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Taylor, it was. CR 60-03 RESOLVED, that having considered a letter from Louis Fox, Show Chairman of the Livonia Woodcarvers Club, dated February 3, 2003, in connection with the Annual Woodcarving Show to be conducted at Monaghan Knights of Columbus, 19801 Farmington Road, Livonia, on August 23, 2003, and which requests permission to display temporary advertising signs from August 18 through August 23, 2003, at various locations in the City, the Council does hereby approve and grant this request in the manner and form herein submitted CR 61-03 RESOLVED, that having considered a letter from Barb Tipton, representing Newburg United Methodist Church, dated January 30, 2003, which requests permission to display approximately 20 signs announcing the Newburg United Methodist Church Mom-to-Mom Sale to be conducted on Saturday, April 26, 2003, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City of Livonia, no earlier than Saturday, April 19, 2003, and removed no later than Sunday, April 27, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 62-03 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc., dated January 28, 2003, which submits a request for approval of the following items 1 The issuance of a permit to Wade Shows to conduct carnival amusement rides at Henry Ford Field and Veterans' Park, as part of this year's SPREE-53 Celebration, on June 24, 25 and 26, 2003, from 2 00 p m to midnight and on June 27, 28, and 29, 2003, from 1200. noon to midnight, subject to the City of Livonia, Livonia Public Regular Meeting of February 26, 2003 33946 Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc. being identified as additional insured on Wade Shows' general liability insurance policy; 2 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, June 29, 2003, at 10 30 p m , which display will be fired by American Fireworks, Inc , subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc , being designated as additional insured on their policy; 3 Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Henry Ford Field, Eddie Edgar Arena and Veterans' Park during the period of the SPREE-53 celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia, and 4 A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups authorized to participate in SPREE-53 by the Anniversary Committee, the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution CR 63-03 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc , dated January 28, 2003, wherein it is requested that the following City streets be closed to through traffic from 8 00 a m on June 23, 2003, through 12 00 noon on June 30, 2003 (Monday through Monday) Stark Road from the Family Y, 14255 Stark to Lyndon Lyndon from Farmington Road to Stark Road the Council does hereby concur in and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby request that Farmington Road be closed from Five Mile Road to Schoolcraft Road on Sunday, June 29, 2003, between the hours of 8 30 p m and 11 30 p m or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. Wes McKee is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Regular Meeting of February 26, 2003 33947 Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2003 Anniversary Celebration, including signs on the barricades indicating "local business and residents only " CR 64-03 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc., dated January 28, 2003, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc , for permission to display banners advertising SPREE-53 on Farmington Road and Five Mile Road from May 29, 2003 through July 1, 2003, and to display 4' x 8' signs at City Hall and Ford Field from May 29, 2003 through July 1, 2003, at no additional cost to SPREE, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution CR 65-03 RESOLVED, that having considered a communication from the Mayor, dated February 3, 2003, concerning the reappointment of Audrey Greenleaf to the Board of Ethics, and pursuant to Section 2 200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Audrey Greenleaf, 37721 Bristol, Livonia, Michigan 48154, to the Board of Ethics for a three year term expiring on March 1, 2006 CR 66-03 RESOLVED, that having considered a communication from the Mayor, dated February 3, 2003, concerning the reappointment of Jacob Ghannam to the Board of Ethics, and pursuant to Section 2.200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Jacob Ghannam, 35202 Curtis, Livonia, Michigan 48152, to the Board of Ethics for a three year term expiring on March 1, 2006 CR 67-03 RESOLVED, that having considered a communication from the Director of Finance, dated January 17, 2003, approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Karoub Associates, 200 North Capitol Avenue, Suite 500, Lansing, Michigan 48933, to act as the City's legislative consultant for the period January 1, 2003, through December 31, 2003, for an annual fee of $24,000 00, including all expenses, the Council does hereby approve the Agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said Agreement, subject to approval as to form by the Department of Law Regular Meeting of February 26, 2003 33948 CR 68-03 RESOLVED, that having considered a communication from the Human Resources Director, dated January 27, 2003, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on January 16, 2003, amending an earlier resolution, the Council does hereby amend Council Resolution 589-02 to read as follows. RESOLVED, that having considered a communication from the Human Resources Director, dated October 2, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth a resolution adopted by the Civil Service Commission on September 19, 2002, wherein the Commission recommended that changes be made to titles, job descriptions, qualifications and pay rates for temporary job classifications in the Department of Parks and Recreation, the Council does hereby concur in and approve the recommendation of the Civil Service Commission regarding such changes to be effective December 1, 2002, as outlined in the aforementioned communication, FURTHER, the Council does hereby concur in a resolution adopted by the Civil Service Commission on January 16, 2003, to permit approximately 45 Parks and Recreation part-time employees to be retroactively restored to Step 3 in the temporary classification(s) wage schedule who were assigned to Step 3 in that classification rate schedule prior to December 1, 2002, with the understanding that this Step 3 rate will not be increased and shall terminate when a new maximum Step 2 rate surpasses this rate of pay CR 69-03 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated January 28, 2003, and which indicates that the Housing Commission has recommended policy changes to the Admission and Continued Occupancy Policy for the Newburgh Village and Silver Village senior citizen housing developments as follows Parents of Livonia Residents to be Permissible Applicants (Sections II and Ill) The City of Livonia - Housing Commission would recognize parents of Livonia residents as eligible applicants to Newburgh Village and Silver Village Priority for admission and the waiting list would be managed as follows Regular Meeting of February 26, 2003 33949 Livonia resident senior citizens would always have priority for admission to City facilities Livonia residents on the Silver Village and Newburgh Village waiting list would be permitted to refuse three (3) apartment offers and after each refusal their name shall be placed on the bottom of the waiting list. Once an applicant has refused three apartment offers, their name shall be completely removed from the waiting list and they may reapply after a minimum six-month waiting period Once the Housing Commission has exhausted the active waiting list with offers to current Livonia residents, the Housing Commission may then proceed to the parents of Livonia residents' waiting list. the Council does hereby concur in and approve the recommended action CR 70-03 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated January 30, 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 bid price of Dearborn Lithograph, Inc., 12380 Globe, Livonia, Michigan 48150, for printing, sorting and delivering to the post office the 16 page publication of the City Newsletter to be published four times a year, for the price of $5,500 00 per publication, for a two-year period from April 1, 2003, through March 31, 2005, said unit prices having been in fact the lowest bid received for this item CR 71-03 RESOLVED, that having considered a communication from the Economic Development Director, dated February 5, 2003, approved for submission by the Mayor, transmitting the City of Livonia Economic Development Office 2002 Annual Report for the period January 1, 2002 through December 31, 2002, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation CR 72-03 RESOLVED, that having considered a communication from Steven Schafer, Fountain Park Building Company, LLC, dated February 3, 2003, requesting a 60-day extension of the site plan for the commercial portion of this project in connection with Petition 1999-02-08-08 previously approved by the City Council in Council Resolution 523-01 and extended for a six-month period pursuant to Council Resolution 460-02, to construct commercial buildings on property located at 33330 Plymouth Road in the Southwest 1/4 of Section 27, the Council does hereby grant the requested extension for a sixty (60) day period, subject to the following condition That the developer and/or his successors or assigns will develop the commercial portion of this project in conjunction with the planned residential development (Petition 1999-04- Regular Meeting of February 26, 2003 33950 02-13) previously approved by the City Council by installing infrastructure simultaneously CR 73-03 RESOLVED, that having considered a communication from the City Planning Commission, dated January 30, 2003, which transmits its resolution 01-13-2003 adopted on January 28, 2003, with regard to Petition 2003-01-08-02 submitted by Time Warner Cable, requesting site plan approval in connection with a proposal to construct an addition to and expand the parking of the office building located at 14525 Farmington Road, on the west side of Farmington Road between Lyndon and Five Mile Roads in the Northeast 1/4 of Section 21, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-01-08-02 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP1, the Grading and Details Plan marked SP2, and the Sections Plan marked SP3, all dated 1/30/03, as revised, and prepared by JCK & Associates, are hereby approved and shall be adhered to, 2 That a fully detailed Landscape Plan, including the fencing detail, shall be submitted for approval within 60 days following approval of this petition by the City Council, 3 That the Exterior Building Elevation Plan marked Sheet A50 dated 12/03/02, as revised, prepared by JCK & Associates, is hereby approved and shall be adhered to, 4 That the brick used in the construction shall be full face 4-inch brick, no exceptions, 5 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, 6 That all light fixtures shall not exceed 16 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 7 That the greenbelts along the south and west property lines, as shown on the approved site plan, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, Regular Meeting of February 26, 2003 33951 8 That if there are any change of circumstances in these areas containing the greenbelts resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission and City Council for their review and approval or immediately construct the protective wall pursuant to Section 18 45, 9 That for the north property line, the petitioner shall have the option of either erecting a protective wall immediately, going to the Zoning Board of Appeals for a temporary wall variance, or seeking the consent of the abutting property owner(s), 10 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated January 15 , 2003 • that the parking lot shall be repaired, resealed and double striped • that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code 11 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated January 13, 2003 • that a "turn right only" sign and stop sign be installed at the northern most exit to Farmington Road 12 That no identification signs, either freestanding or wall mounted, are approved with this petition All such 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 74-03 RESOLVED, that having considered a communication from the City Planning Commission, dated January 16, 2003, which transmits its resolution 01-06-2003, adopted on January 14, 2003, with regard to Petition 2002-12-02-25, submitted by Siva Navuluri, on behalf of Obee's Soup-Salad-Subs, requesting waiver use approval to operate a carry-out restaurant with a maximum of 12 customer seats on property located at 20235 Middlebelt Road, on the west side of Middlebelt between Norfolk Avenue and Bretton Road in the Northeast 1/4 of Section 2, which property is zoned C-1, the Council does hereby concur in the Regular Meeting of February 26, 2003 33952 recommendation made by the City Planning Commission and Petition 2002-12-02-25 is hereby approved and granted, subject to the following conditions 1 That the seating capacity shall be limited to 12 customer seats, 2 That the following issues as outlined in the correspondence dated December 16, 2002 from the Inspection Department shall be rectified to that department's satisfaction • That the accessible parking on this site shall be marked by permanent signage per code, • That the parking lot shall be resealed and double striped, • That the access aisle shall be marked with one-way signage, • That this site shall meet the current accessibility code, in all aspects, since this is a change in use group from the previous tenant, and 3 That metal access gates shall be added to the existing trash dumpster enclosure CR 75-03 WHEREAS, the City of Livonia has received a request from James A. Ketai, Manager, Schoolcraft Commons, LI C , dated February 14, 2003, proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 27 12 acres lying in the Southwest 1/4 of Section 7 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 88", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 88 Regular Meeting of February 26, 2003 33953 2 This City Council sets Monday, March 31, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date for the holding of a public hearing on the question of whether this City Council should establish the industrial development district described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the industrial development district described above A roll call vote was taken on the foregoing resolutions with the following result: AYES Knapp, Dolan, Taylor, Laura and Engebretson NAYS None A communication from Mike Byrne, 28184 North Clement Circle, Livonia, 48150, dated February 24, 2003, re his concerns with the proposed Burger King addition located at 28203 Plymouth Road, was received and placed on file for the information of the Council (Petition 2002-08-08-17) Councilmember Taylor stated the reason he asked for this item to be removed from the Consent portion of the agenda was that an e-mail was received from Mr Byrne, who is a homeowner behind Burger King He did not know if Mr Bryne would be present at the meeting to address his concerns regarding the landscaping, the color of the exterior brick, the lighting in the parking lot, as well as the temporary signs and banners that are often displayed there, and he was not. City Planner Mark Taormina listed conditions previously adopted in CR 516-02 that must be adhered to regarding the proposed addition to the Burger King restaurant located at 28203 Plymouth Road On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 76-03 RESOLVED, that having considered a communication from the City Planning Commission, dated January 30, 2003, which transmits its resolution 01-11-2003 adopted on January 28, 2003, requesting approval of landscaping and signage in connection with Petition 2002-08- 08-17, submitted by Tania Salem, on behalf of Burger King, to construct an addition to the restaurant located on the south side of Plymouth Road Regular Meeting of February 26, 2003 33954 between Inkster and Harrison Roads in the Northeast 1/4 of Section 36, the Council does hereby concur in the recommendation of the Planning Commission, and the Landscape Plan and Signage in connection with Petition 2002-08-08-17 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plan marked Sheet LS-1 dated 12/20/02, as revised, prepared by Technical Group, Inc., is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 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, 4 That the Sign Package submitted by Burger King Corporation, as received by the Planning Commission on January 13, 2003, is hereby approved and shall be adhered to, 5 That these signs shall not be illuminated beyond one (1) hour after this restaurant closes, 6 That the existing pylon sign shall be removed, 7 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 8 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. Council Vice-President Knapp stated he wanted to make sure the petitioner received a copy of Mr Byrne's e-mail, as well as all of the conditions that went along with the approving resolution, so that the petitioner clearly understands the Council's and Mr Byrne's concerns A report from the Committee of the Whole, dated February 3, 2003, re the subject matter of legislative priorities, was received and placed on file for the information of the Council Regular Meeting of February 26, 2003 33955 On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 77-03 RESOLVED, that having considered a communication from the City Planning Commission, dated January 30, 2003, which transmits its resolution 01-15-2003 adopted on January 28, 2003, with regard to Petition 2002-10-08-22, submitted by Imad Bazzy, requesting site plan approval in connection with a proposal to renovate the existing gas station located at 27430 Five Mile Road, on the Northwest corner of Five Mile and Inkster Roads in the Southeast 1/4 of Section 13, 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 of the Planning Commission and Petition 2002-10-08-22 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked sheet SP-1 dated 12/26/02 prepared by National Specialties Installation, Inc , is hereby approved and shall be adhered to, 2 That a fully detailed Landscape Plan shall be submitted for approval within 60 days following approval of this petition by the Planning Commission and City Council, 3 That the Exterior Building Elevation Plan sheet A-2 dated 12/27/02 prepared by National Specialties Installation, Inc., is hereby approved and shall be adhered to, 4 That the brick used in the construction shall be full face 4-inch brick, no exceptions, 5 That all mechanical rooftop equipment shall be screened from public view to the satisfaction of the Planning Director; 6 That due to the deficient parking of the site, no type of restaurant use, including carry-out, shall be permitted, 7 That the lights of the pump island canopy shall be recessed in such a way that the intensity of the illumination is decreased, 8 That all standalone light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 9 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence with a revised date of January 15, 2003 Regular Meeting of February 26, 2003 33956 • that all existing light posts shall be repaired, repainted or, if need be, replaced, • that the entire parking lot shall be repaired, resealed and double striped, • that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, 10 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated January 13, 2003 • that a "turn right only" sign be installed at the eastern most exit to Five Mile Road, • that STOP signs be posted at each exit; 11 No outside storage, placement or display of merchandise shall be permitted at any time on this site, however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11 03(a) of the Zoning Ordinance, 12 That the existing pylon sign shall be removed, 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 light band or neon shall be permitted on this site, including but not limited to, the pump island canopy, building or around the windows, 15 That window signage for the station shall be limited to what is permitted by Section 18 50D Permitted Signs, subheading (g) "Window Signage", 16 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for adding on to a nonconforming building and deficient parking and any conditions related thereto, and 17 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 Regular Meeting of February 26, 2003 33957 Petitioner Michael Beydoun was present at the meeting to answer questions of the Council, and to address the landscaping issues relative to Petition 2002-10-08-22 A communication from the Planning Department, dated February 11, 2003, re an attached Petition of Protest from neighbors residing within 100 feet of proposed rezoning of property located on the west side of Cavell between Five Mile Road and Western Golf Drive, and the Planning Department's evaluation that a valid protest is in effect regarding this proposed rezoning and that approval would require a 3/ majority roll call vote of Council, was received and placed on file for the information of the Council (Petition 2002-10-01-14) A communication from Bruce and Patsy LeBlanc, 27696 Western Golf Drive, Livonia, 48154, dated February 23, 2003, re their opposition to the rezoning of property located on the west side of Cavell between Five Mile Road and Western Golf Drive, was received and placed on file for the information of the Council (Petition 2002- 10-01-14) A communication from Alan Wozniak, 14702 Santa Anita, Livonia, 48154, dated February 20, 2003, re his opposition to the rezoning of property located on the west side of Cavell between Five Mile Road and Western Golf Drive, was received and placed on file for the information of the Council (Petition 2002-10-01-14) On a motion by Dolan, seconded by Laura, and unanimously adopted, it was CR 78-03 RESOLVED, that having considered a communication from the City Planning Commission, dated December 3, 2002, which sets forth its resolution 11-144-2002, adopted on November 26, 2002, with regard to Petition 2002-10-01-14, submitted by Leo Soave Building Company for a change of zoning of property located on the west side of Cavell Avenue between Five Mile Road and Western Golf Drive in the Northeast 1/4 of Section 24, from RUF to R-2, and the Council having conducted a public hearing with regard to this matter on February 10, 2003, pursuant to Regular Meeting of February 26, 2003 33958 Council Resolution 653-02, the Council does hereby approve Petition 2002-10-01-14 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 Taylor, seconded by Knapp, and unanimously adopted, it was CR 79-03 RESOLVED, that in connection with Petition 2002-10-01-14, the Council does hereby refer the subject of the impact the possible rezoning would have on storm water management in this area to the Mayor for a report and recommendation On a motion by Taylor, seconded by Dolan and unanimously adopted, it was CR 80-03 RESOLVED, that having considered a communication from the Police Chief, dated February 3, 2003, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of $41,653 92 from the contributors set forth in the attachment, the same to be deposited in and credited to Account No 702-000-285-211 for use in the D.A.R.E Program On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 81-03 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated February 11, 2003, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of a recycled park bench, valued at approximately $424 00, from Victor Stanley, Inc., P 0 Drawer 330, 2103 Brickhouse Road, Dunkirk, Maryland 20754 A communication from the Civil Service Department, dated February 21, 2003 re transmitting a resolution adopted by the Civil Service Commission at its February 20, 2003 meeting relative to the salary and fringe benefit adjustments for the Regular Meeting of February 26, 2003 33959 Fire Chief for the period December 1, 2002 through November 30, 2005, was received and placed on file for the information of the Council On a motion by Dolan, seconded by Taylor, and unanimously adopted, it was CR 82-03 RESOLVED, that having considered a communication from the Human Resources Director, dated February 21, 2003, which transmits a resolution adopted by the Civil Service Commission on February 20, 2003, recommending approval of salary and fringe benefit adjustments for the classification of Fire Chief for the period December 1, 2002 through November 30, 2005, the Council does hereby approve the 2002-2005 Wage Rate Schedule and Fringe Benefits for the Fire Chief, effective December 1, 2002, as follows 3M% 2.0% 1.0% 12/01/2002 12/01/2003 12/01/2004 STEP 1 Annual $75,316 80 $76,814 40 $77,584 00 Bi-weekly $2,896 80 $2,954 40 $2,984 00 STEP 1-1/2 Annual $76,835 20 $78,374 40 $79,164 80 Bi-weekly $2,955 20 $3,014 40 $3,044 80 STEP 2 Annual $78,312 00 $79,872 00 $80,662 40 Bi-weekly $3,012 00 $3,072 00 $3,102 40 STEP 3 Annual $81,432.00 $83,054 40 $83,886 40 Bi-weekly $3,132 00 $3,194 40 $3,226 40 STEP 4 Annual $84,760 00 $86,465 60 $87,339.20 Bi-weekly $3,260 00 $3,325 60 $3,359 20 STEP 5 Annual $88,088 00 $89,856 00 $90,750 40 Bi-weekly $3,388 00 $3,456 00 $3,490 40 Hospitalization/Medical Insurance Effective 12/1/03, prescription rider shall be $10 00 for generic drugs and $20 00 for brand name drugs, Opt- Regular Meeting of February 26, 2003 33960 out increase from $1,000 00 to $3,000 00, if an increase of total LFFU members opt-out in the fiscal year based upon detailed formula Food Allowance Effective 12/1/02 - $950 00 per year Effective 12/1/03 - $1,000 00 per year Dental Reimbursement: $600 per year Any unused portion of annual dental reimbursement amount may accumulate for utilization for a period of five (5) years Longevity. 5-7 years $300 00, 7-14 years $750 00, 14-21 years $1,500 00, +21 years $2,250 00 Cleaning Allowance Effective 12/1/02 - increase from $400 00 to $550 00 annually Educational Benefit. BA/BS Degree in any subject major$750 00 Paramedic Bonus Effective 12/1/03 - increase from $2,100 00 to $2,200 00 annually Effective 12/1/04 - increase from $2,200 00 to $2,300 00 annually Optical Eye exam and glasses every two years or reimbursement of $21 per year Weekly Disability. $42 00 for 12 weeks and $100 00 for 40 additional weeks Life Insurance One times the annual wage rounded to next odd thousand Vacation Forty hour employees within three (3) years of retirement, excluding deferred retirement, who declare intent to retire in writing may accumulate fifty-nine (59) eight (8) hour days and three (3) bonus vacation days per year by reason of not using sick leave up to a maximum of sixty- eight (68) days for cash payout and for figuring final average compensation for Defined Benefit Pension Sick Leave Employees normally assigned a forty (40) hour work week who do not use more than five (5) days of their sick leave bank in the preceding calendar year, shall receive three (3) bonus vacation days and one (1) bonus sick leave day added to their leave banks Signing Bonus Pursuant to the Letter of Understanding, a $100 00 one- time signing bonus and a $250 00 one-time bonus for EMT/Paramedic re- certification Regular Meeting of February 26, 2003 33961 On a motion by Dolan, seconded by Knapp, it was CR 83-03 RESOLVED, that having considered a communication from the Department of Law, dated February 12, 2003, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Johnson/Stern v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the resolution duly adopted City Attorney Kavanagh mentioned that his daughter Kayleigh was present in the audience at this evening's Council meeting Councilmember Laura wanted to make the community aware of the fact that two companies of the 1st Brigade of the 84th Division are being activated on February 28, 2003 at 9.00 a m These are Livonia-based units and will be leaving from the Reserve Center on Schoolcraft Road in case anyone wants to wish them well Council President Engebretson sent "Get Well" wishes to Councilmember Vandersloot and Mayor Kirksey On a motion by Knapp, seconded by Dolan, and unanimously adopted, this 1483rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 36 p m., February 26, 2003 Jn McCotter, City Clerk