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HomeMy WebLinkAboutCOUNCIL MINUTES 2002-06-19 33597 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTY-SEVENTH REGULAR MEETING OF JUNE 19, 2002 On June 19, 2002, 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, Donald Knapp and Jack Engebretson Absent: Maureen Miller Brosnan - vacation Elected and appointed officials present. Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Barbara Lewis, City Librarian, Ian Wilshaw, Traffic Commission and Stan Dobis, Cable Commission On a motion by Taylor, seconded by Dolan, it was CR 314-02 RESOLVED, that the minutes of the 1,466th Regular Meeting of the Council held June 5, 2002 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 During the audience communication portion of the agenda, Mayor Kirksey spoke regarding the proposed road improvements He encouraged citizens to focus on the need for these improvements He is hoping that individuals will determine how they vote on August 6 not by how good or bad the road is in front of their property, but by looking at all of Livonia's roads as a responsibility for all citizens Councilmember Knapp announced a fundraiser for Rachel Davis, an eleven-year-old girl diagnosed with an aggressive form of leukemia The fundraiser, entitled "Fighting 33598 Regular Meeting of June 19, 2002 for Rachel", will be held at Jamie's Jammer Il, 11791 Farmington Road, on Sunday June 23 Councilmember Laura offered condolences to Marvin Walkon and his family on the loss of his mother, Jennie Walkon Council President Engebretson announced the Garden Walk for Friends of Greenmead to be held on Saturday, June 29, 2002 from 10 00 a m to 5 00 p m The minutes from the May 16, 2002 Plymouth Road Development Authority (PRDA) meeting re a site plan for Cherry Street Properties, were received and placed on file for the information of the Council (Petition 2002-5-8-13) (Agenda item #14) On a motion by Vandersloot, seconded by Knapp, it was A communication from Terry Lambert, dated June 12, 2002, withdrawing her request for a block party, was received and placed on file for the information of the Council CR 315-02 RESOLVED, that having considered an application from Terry Lambert, 33051 Perth, dated May 23, 2002, requesting permission to close Perth between Westmore and Loveland on Saturday, July 13, 2002, from 1 00 p m to 9 00 p m for the purpose of conducting a block party, the Council does hereby determine to take no further action with regard to this matter due to the fact that the applicant has withdrawn her request. CR 316-02 RESOLVED, that having considered an application from Robert Mills, 16593 Country Club, dated May 28, 2002, requesting permission to close Country Club, between Grove and Wood on Saturday, July 13, 2002, from 4 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 317-02 RESOLVED, that having considered an application from Debbie Stermer, 20110 Floral, dated May 30, 2002, requesting permission to close Floral between Norfolk and Fargo on Saturday, June 29, 2002, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, 33599 Regular Meeting of June 19, 2002 the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 318-02 RESOLVED, that having considered an application from Gisele T Sidor, 36026 Dover, dated May 18, 2002, requesting permission to close Dover between Linville and Crown on Saturday, August 24, 2002, from 9.00 a.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, August 25, 2002, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. A communication from the Office of the City Clerk, dated June 3, 2002, re tax rate for the Schoolcraft Community College District for the year 2002 as submitted by the Board of Trustees requesting that the levy be collected as a summer tax, was received and placed on file for the information of the Council CR 319-02 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated May 16, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed agreement between the Livonia Housing Commission and the Wayne-Metropolitan Community Action Agency authorizing participation through September 30, 2002, to provide emergency energy assistance for low income Livonia families facing utility shut-off, the Council does hereby authorize the Director of the Housing Commission, for and on behalf of the City of Livonia, to execute the Participation Agreement in the manner and form herein submitted and to do all other things necessary or incidental to the full performance of this resolution CR 320-02 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated May 17, 2002, 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 seven (7) ArcView Concurrent User Licenses from Environmental Systems Research Institute, Inc (ESRI), 1305 Corporate Center Drive, Suite 250, St. Paul, MN 55121, for the total amount of $17,640 00, from funds already budgeted in Account No 101-915-986- 010 for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended 33600 Regular Meeting of June 19, 2002 CR 321-02 WHEREAS, An Installment Purchase Agreement (the "Agreement") between the City of Livonia (the "City"), American LaFrance Corporation (the "Vendor") and Comerica Bank, (the "Bank") for the purchase and delivery of certain fire equipment, as set forth in the Vendors' quotation of May 7, 2002 (the "Equipment") has been prepared, and WHEREAS, the purchase price of the Equipment is $612,450 (the "Purchase Price"), and WHEREAS, pursuant to the Agreement, the City will pay the Purchase Price in ten (10) semi-annual installments, commencing on January 1, 2003, as will be specified in the Agreement (each, a "Payment Date"), with interest payable thereon at a rate equal to 3 78% per annum, and WHEREAS, the Agreement is to be assigned to the Bank, and WHEREAS, it is necessary to approve the Agreement and authorize the City's Mayor and Clerk to execute the Agreement and to authorize various City officials to execute certain other documentation relative thereto NOW, THEREFORE, BE IT RESOLVED THAT 1 The Agreement is hereby approved substantially in the form on file with the City Clerk. The City shall incur the debt described in the Agreement through execution of the Agreement by the officers authorized below which debt shall consist of the Purchase Price of $612,450, which Purchase Price shall be payable in ten (10) semi- annual installments with interest thereon at a rate of 3 78% per annum The installments of principal and interest shall be payable semi- annually commencing January 1, 2003 2 The Mayor and City Clerk are each hereby authorized and directed to execute the Agreement and deliver it to the Vendor, substantially in the form on file with the City Clerk with such additions, changes and modifications as shall be approved by the City's Bond Counsel 3 The useful life of the Equipment is hereby determined to be not less than five (5) years 4 The Mayor, City Clerk and Finance Director are each hereby directed and authorized to execute such additional documentation as shall be necessary to effectuate the closing of the Agreement and the assignment thereof 33601 Regular Meeting of June 19, 2002 5 The assignment of the Agreement by the Vendor to the Bank is hereby approved Ser 6 The City hereby agrees to include in its budget for each year commencing with the current fiscal year, a sum which will be sufficient to pay the principal of and interest on the Agreement coming due before the next fiscal year In addition, the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in an amount necessary to make its debt service payments under the Agreement, subject to applicable constitutional, statutory and charter tax rate limitations 7 The City hereby designates its obligations under the Agreement as "qualified tax-exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code of 1986, as amended (the "Code") 8 The City hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exemption of the interest on the obligations under the Agreement from general federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Code, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of proceeds of the Agreement and moneys deemed to be proceeds. 9 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded CR 322-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated June 3, 2002, 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 County Line Nurseries & Landscaping, 69691 Red Arrow Highway, Hartford, Michigan 49057, for completing all work required in connection with the City's 2002 Street Tree Planting Program for the estimated total cost of $25,725 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, and the bids of Troy Clogg Landscape Associates and Cal Fleming Landscaping & Tree Services are hereby rejected for the reasons indicated in the aforesaid report; 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 33602 Regular Meeting of June 19, 2002 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 CR 323-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 9, 2002, 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 2002 Lane Line Marking Program (Contract 02-G) for the estimated total cost of $63,595 90, 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 for this item, FURTHER, the Council does hereby authorize an expenditure in the amount of $62,971 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 $624 90 from the Unexpended Fund Balance of the Major Roads 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 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 CR 324-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 22, 2002, 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 Nylander Engineering, Inc , 3310 Bardaville Drive, Suite 1, Lansing, Michigan 48906, for completing all work required in connection with Proposal "A" (Hot Poured Rubber) and Proposal "B" (Over Band) for the 2002 Pavement Joint and Crack Sealing Program (Contract 02-J), for the estimated total cost of $191,370 00, and does hereby authorize the expenditure of the sum of $167,970 00 from funds already budgeted in Account No 203-463-818-117 (Local Roads) and the sum of $23,400 00 from funds already budgeted in Account No 202-463- 818-117 (Major Roads) for this purpose, FURTHER, the foregoing amounts are based upon the Engineering Division's estimate of units involved, and are subject to final payments based upon the actual units completed in accordance with the unit prices accepted herein, said estimated costs and unit prices having been in fact the lowest bids received for this item, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the 33603 Regular Meeting of June 19, 2002 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 CR 325-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 16, 2002, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of 4" storm sewer as part of the development of the residential property located on the east side of Merriman Road in the Southwest 1/4 of Section 2, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the site plan, and further that the City will accept jurisdiction and maintenance (at no expense to the County) of approximately 18 I f of 4" storm sewer within the Merriman Road right-of-way in connection with the development of the aforementioned site located on the east side of Merriman Road in the Southwest 1/4 of Section 2 (See attached letter from John Maguran, property owner, dated May 21, 2002, indicating his willingness to reimburse the City for any such maintenance that may become necessary ) 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction CR 326-02 RESOLVED, that having considered a communication from the City Planning Commission, dated May 29, 2002, which transmits its resolution 05-71-2002, adopted on May 21, 2002, with regard to Petition 2002-04-02-07, submitted by Christopher Enright, requesting waiver use approval to construct an addition onto an existing automotive repair facility at 19601 Middlebelt located on the west side of Middlebelt between St. Martins Avenue and Bretton 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 2002-04-02-07 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A 110 prepared by Christopher Enright Architect, dated May 10, 2002, is hereby approved and shall be adhered to, 33604 Regular Meeting of June 19, 2002 2 That the Landscape Plan marked Sheet 111 prepared by Christopher Enright Architect, dated May 10, 2002, is hereby approved and shall be adhered to, 3 That all plant materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That all sodded and landscaped areas shall be fully irrigated with automatic underground systems, 5 That the protective wall and the dumpster enclosure walls shall be constructed of poured concrete with simulated brick pattern in accordance with the details on the Floor Plan marked Sheet A 210 prepared by Christopher Enright Architect, dated April 24, 2002, 6 That the Exterior Elevations Plan marked Sheet A 310 prepared by Christopher Enright Architect, dated April 24, 2002, is hereby approved and shall be adhered to, 7 That there shall be no overnight outdoor parking or storage of vehicles Lon the site, 8 That there shall be no outdoor storage of auto parts, equipment, scrap material, debris or other similar items generated by the subject use, 9 That a curb shall be installed along the full extent of the north end of the parking area directly east of the building, and 10 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 327-02 RESOLVED, that having considered a communication from the City Planning Commission, dated May 29, 2002, which transmits its resolution 05-68-2002 adopted on May 21, 2002, with regard to Petition 2002-05-08-13, submitted by Cherry Street Properties, requesting site plan approval in connection with a proposal to renovate the exterior of the commercial building located at 29055 Plymouth Road in the Northwest 1/4 of Section 36, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2002-05-08-13 is hereby approved and granted, subject to the following conditions 33605 Regular Meeting of June 19, 2002 Li That the Exterior Building Elevation Plan marked Sheet A-2 dated 4/16/02 prepared by Tommy Roberts, Jr Architect, is hereby approved and shall be adhered to, 2 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, 3 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated May 13, 2002 and that all such items shall be addressed prior to issuance of any occupancy permits - that the protective wall shall be repaired and/or replaced - that all graffiti on the protective wall shall be removed and the wall completely repainted - that the debris and trash be removed from the southwest corner of the lot - 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 - that the landscaping along the east side of the building shall be restored and maintained - that the concrete approach on the east side off Garden Ave shall be removed and replaced - that the bollards near the west entry door shall be repaired or replaced 4 That no signs, either freestanding or wall mounted, are approved with this petition, and 5 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 33606 Regular Meeting of June 19, 2002 CR 328-02 WHEREAS, the City of Livonia has received a request from Leone Enterprises, Inc , dated June 7, 2002, 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 12 90 acres lying in the Southwest 1/4 of Section 26, 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 86", 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 86 2 This City Council sets Monday, August 19, 2002 at 7 00 p m 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 Vandersloot, Dolan, Taylor, Laura, Knapp and Engebretson NAYS None On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 329-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 28, 2002, submitted pursuant to Council Resolution 531-01, the Council does hereby refer the subject of an update regarding left-turn phasing at the 33607 Regular Meeting of June 19, 2002 intersection of Five Mile and Merriman Roads to the Traffic Commission for its report and recommendation On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was CR 330-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 28, 2002, submitted pursuant to Council Resolution 531-01, with regard to a communication from the City Planning Commission, dated April 9, 2001, which sets forth its resolution 4-51-2001, adopted on April 3, 2001, with regard to Petition 2001-02-01-03, submitted by James F Duggan, American Classic Realty, for a change of zoning of property located on the east side of Bainbridge Avenue between Five Mile Road and Lyndon Avenue in the Northwest 1/4 of Section 23, from RUF to R-2, and the Council having conducted a public hearing with regard to this matter on Monday, June 18, 2001, pursuant to Council Resolution 287-01, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2001-02-01-03 is hereby denied for the following reasons Li That the proposed change of zoning will adversely alter the character of the subject area, 2 That the proposed change of zoning is inconsistent with the prevailing RUF zoning in the area, 3 That the proposed change of zoning will provide for an unacceptable increase in the overall population density in the area, 4 That the proposed change of zoning is not necessary for the continued use of the subject property for low density residential purposes in conformance with the recommendation of the Future Land Use Plan, and 5 That the proposed change of zoning will provide for development that will increase traffic in the area A communication from Dale T Culver, President, Culver Custom Homes, Inc , dated June 17, 2002, re request to change proposed condominium cluster zoning from RUF to R-3, single family, 80x120 ft. lots (No Cluster), was received and placed on file for the information of the Council (Petition 01-2-1-3) 33608 Regular Meeting of June 19, 2002 A revised site plan, received June 19, 2002, dated June 18, 2002, re Petition 2001-2-1-3 by James F Duggan, American Classic Realty, (Tye Culver — Culver Custom Homes) on Bainbridge Avenue between Five Mile Road and Lyndon Avenue, whereby the proposed zoning is changed from RUF to R-3, was received and placed on file for the information of the Council John Pastor, 31140 Lyndon, 48154, spoke in favor of the R-4 zoning classification (Petition 2001-2-1-3) John Ware, 15127 Bainbridge, 48154 approached the podium and then declined the opportunity to speak relative to new information regarding this petition (Petition 2001- 2-1-3) Angela Wolcott, 14650 Bainbridge, 48154, spoke in opposition to the change of zoning classification that was presented in the newest revised site plan submitted by Tye Culver of Culver Custom Homes (Petition 2001-2-1-3) Betty Kelava, 15141 Bainbridge, 48154, explained that the staggered lots on Bainbridge gives the appearance of being wider than they really are (Petition 2001-2-1-3) Linda Summers, 14647 Bainbridge, 48154, questioned the proposal of sidewalks in the Bainbridge area, and was told that the proposed sidewalks only referred to the Culver Custom Homes development. (Petition 2001-2-1-3) Wade Higgason, 14576 Bainbridge, 48154 questioned if the R-3 zoning classification would preclude the developer from building cluster homes A communication from the Department of Law, dated June 5, 2002, re Seven Mile Road right-of-way adjoining the property referenced in Petitions 01-12-1-14 and 01-12-1-15, was received and placed on file for the information of the Council (CR 288-02) Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, 33609 Regular Meeting of June 19, 2002 KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 01-12-1-14) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 12 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 01-12-1-15) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 36 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 02-1-1-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Dolan gave first reading to the following 33610 Regular Meeting of June 19, 2002 Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 02-2-3-3) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION 54 OF SECTION 170 OF TITLE 5, CHAPTER 03 (GENERAL LICENSING PROCEDURE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 090 OF TITLE 12, CHAPTER 24 (TREES AND SHRUBS) 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 Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance REVISED CR 331-02 Regular Meeting of June 19, 2002 33611 AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 02-2-3-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Vandersloot, Dolan, Taylor, Laura, Knapp and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Department of Law, dated June 13, 2002, re Petition 2002-02-GB-01, submitted by Marvin Mazur on behalf of Auto Value, relative to the petitioner's option of requesting a variance from the Zoning Board of Appeals with respect to substituting a greenbelt for the protective wall at 33911 Plymouth Road, 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 331-02 RESOLVED, that having considered a communication from the City Planning Commission, dated May 29, 2002, which transmits its resolution 5-69-2002 adopted on May 21, 2002, with regard to Petition 2002-02-GB-01, submitted by Marvin Mazur, on behalf of Auto Value, requesting to substitute a greenbelt for the protective wall as outlined in Section 18 45 of Zoning Ordinance No 543, as amended, for property located at 33911 Plymouth Road in the Northeast 1/4 of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2002-02-GB-01 is hereby approved and granted, subject to the following conditions 1 That a natural wooded greenbelt extending no less than 20 to 25 feet from the south property line is hereby approved as an appropriate substitute for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 That the natural landscaped greenbelt along the east property line where it abuts residential is hereby approved as an appropriate 33612 Regular Meeting of June 19, 2002 substitute for the protective wall required by Section 18 45 of the Zoning Ordinance, 3 That any change of circumstances in the 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 construct the protective wall pursuant to Section 18 45, and 4 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated May 13, 2002 - that the rear parking areas shall be paved - that the three walls of the trash dumpster area shall be constructed out of the same material 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 - that the parking blocks missing in the front parking area shall 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 - that the rear overhead door on the east side of the building shall be replaced - that the structural integrity of the existing pole sign shall be evaluated, and if found unsafe, shall be removed Frank Kokenakes, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, was present at the meeting representing the petitioner On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was CR 332-02 RESOLVED, that having considered a communication from the City Librarian, dated May 24, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts 33613 Regular Meeting of June 19, 2002 and cash donations, in the total amount of $36,603 00, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $21,090 00 to Account No 702-000- 285-271 for the purposes as designated by the donors On a motion by Knapp, seconded by Laura, and unanimously adopted, it was. CR 333-02 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Kenneth Harb, 16788 Westbrook, Livonia, Michigan 48154, is hereby appointed to the Zoning Board of Appeals for a three-year term expiring on July 12, 2005, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. Kenneth Harb thanked the Council for his appointment to the Zoning Board of Appeals During the audience communication portion of the agenda, Council President Engebretson reminded everyone of the SPREE activities to be held next week. On a motion by Taylor, seconded by Dolan, and unanimously adopted, this 1,467th Regular Meeting of the Council of the City of Livonia was adjourned at 911 p m., June 19, 2002. çv71/1/ 6-46t) an McCotter, City Clerk