Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2002-07-01 33614 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTY-EIGHTH REGULAR MEETING OF JULY 1, 2002 On July 1, 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 Dolan delivered the invocation Roll was called with the following result: Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp, Val Vandersloot and Jack Engebretson Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Michael Slater, Director of Finance, Linda McCann, Director of Community Resources, Ron Reinke, Superintendent of Parks and Recreation and Stan Dobis, Cable Commission On a motion by Vandersloot, seconded by Taylor, it was CR 334-02 RESOLVED, that the minutes of the 1,467th Regular Meeting of the Council held June 19, 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, Vandersloot and Engebretson NAYS None PRESENT Brosnan During the audience communication portion of the agenda, Councilmember Laura congratulated the Administration and the SPREE Committee on a job well done Regular Meeting of July 1, 2002 33615 Councilmember Knapp also congratulated SPREE President Rich Skaggs and the entire SPREE Committee, as well as Lt. Kevin Dawley and the Police Reserve Officers, for their efforts in conducting an excellent event. City Clerk Joan McCotter spoke regarding the primary election to be held on August 6, and stated that absentee ballots will be mailed starting this coming weekend She reminded voters that. 1 In a primary election, a vote should be cast for only one party; if this was not done, the ballot would be spoiled and the vote would not count. 2 They should turn the ballot over in order to vote on the proposals Mayor Kirksey also thanked the SPREE Committee, the Livonia Hockey Association, Ron Reinke and the Parks and Recreation Department, the Department of Public Service workers, the Police Department and the Reserve Police for their efforts in making the SPREE so successful He also spoke regarding the upcoming primary election, and asked the residents to focus on the qualifications of the candidates, and to acquaint themselves with the road millage proposal He suggested they read the three pages devoted to this subject matter in the Summer Newsletter that was delivered to all residences in Livonia Hazel Lilley, 18913 Myron Avenue, 48152, spoke in opposition to a sidewalk repair requirement at the above address (Agenda Item #2) William Koch, 18335 Irving, 48152, spoke in favor of his request to remove the front sidewalk and replace with sod at the above address (Agenda Item #3) A fax communication from Stuart Frankel, dated June 25, 2002, re a check payable to the City of Livonia for inspection fees paid for the property in Newburgh Plaza located at 37273 Six Mile Road, was received and placed on file for the information of the Council (Agenda Item #12) A communication from the Department of Law, dated June 28, 2002, re lighting over canopies on a proposed building to be located on the Regular Meeting of July 1, 2002 33616 northeast corner of Six Mile and Newburgh Roads, was received and placed on file for the information of the Council (Agenda Item #25) On a motion by Brosnan, seconded by Dolan, it was CR 335-02 RESOLVED, that having considered an application from Andrea Barterian, 9829 Shadyside, dated June 13, 2002, requesting permission to close Shadyside, between Orangelawn and West Chicago on Saturday, August 24, 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, 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. CR 336-02 RESOLVED, that having considered a letter from Hazel I Lilly, 18913 Myron Avenue, Livonia, Michigan 48152, dated May 3, 2002, requesting to waive the required sidewalk repair in front of her residence located on the northwest corner of Myron and Clarita, and the report and recommendation from the City Engineer, dated June 20, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to this matter, the Council does hereby deny this request inasmuch as there are a significant number of sidewalks in this neighborhood and failure to repair the sidewalk on the subject property would be detrimental to the best interests of the City and its residents CR 337-02 RESOLVED, that having considered a letter from Bill and Joyce Koch, 18335 Irving, Livonia, Michigan 48152, received in the office of the City Clerk on June 6, 2002, requesting to remove the front yard sidewalks and to install sod in front of their residence located on Irving Street, south of Seven Mile Road (18335 Irving Street and adjacent lot), and the report and recommendation from the City Engineer, dated June 20, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to this matter, the Council does hereby deny this request inasmuch as there are a significant number of sidewalks in this neighborhood and removing the sidewalk on the subject property would be detrimental to the best interests of the City and its residents CR 338-02 RESOLVED, that having considered a letter from Sherrie L Olds, 18173 Lathers, Livonia, Michigan 48152, dated May 28, 2002, to which is attached a petition requesting that the City consider rezoning 14 acres of City-owned property known as Regular Meeting of July 1, 2002 33617 "Parkview Park" located south of Seven Mile Road and east of Middlebelt, to a Nature Preserve Area, the Council does hereby refer this item to the Mayor for his report and recommendation regarding steps which could be taken to clean up the Park and to address Animal Control issues (i.e., coyotes) CR 339-02 RESOLVED, that having considered a letter from Sherrie L Olds, 18173 Lathers, Livonia, Michigan 48152, dated May 28, 2002, to which is attached a petition requesting that the City consider rezoning 14 acres of City-owned property known as "Parkview Park" located south of Seven Mile Road and east of Middlebelt, to a Nature Preserve Area, the Council does hereby refer the subject of regulation of paintball activities in City parks to the Department of Law for its report and recommendation CR 340-02 RESOLVED, that having considered a letter from Sherrie L Olds, 18173 Lathers, Livonia, Michigan 48152, dated May 28, 2002, to which is attached a petition requesting that the City consider rezoning 14 acres of City-owned property known as "Parkview Park" located south of Seven Mile Road and east of Middlebelt, to a Nature Preserve Area, the Council does hereby request that the Police Department give special attention to this park, FURTHER, the Council does hereby refer the subject of the history and frequency of criminal incidents in the park to the Police Department for its report and recommendation CR 341-02 RESOLVED, that having considered a letter from Daniel R Willenborg, Principal of Franklin High School, dated May 23, 2002, the Council does hereby approve and recognize the Franklin High School Patriot Street Homecoming Parade to be held on Thursday, October 17, 2002, beginning at 12 30 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the eastern most driveway of Franklin High School and travel east along Joy Road to Hillcrest; north on Hillcrest and east on Olson to Henry Ruff; north on Henry Ruff to Robert Drive, west on Robert Drive to Sunset, south on Sunset to Hathaway, east on Hathaway to Henry Ruff; south on Henry Ruff to Olson, west on Olson to Hillcrest; south on Hillcrest to Joy, west on Joy to the eastern most driveway of Franklin High School, FURTHER, the Council does hereby request that the Wayne County Road Commission allow the City of Livonia to close the necessary roads between the hours of 12 30 p m and 2 15 p m or Regular Meeting of July 1, 2002 33618 until the roads are returned to normal traffic operation, 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 Lt Kevin Dawley is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia CR 342-02 RESOLVED, that having considered a letter from Janet Haas, Event Chairman, on behalf of the Rotary Club of Livonia, dated June 5, 2002, requesting permission to sell beer, to place a banner at the entrance to Rotary Park for a period not to exceed two weeks, and to place 14"x 22" wire mounted signs at all major intersections of the City as listed in the attachment to the aforesaid letter, announcing the Rotary Club of Livonia's Annual Bar-B-Que and Family Fun Fest to be held at Rotary Park on Sunday, August 11, 2002, as a fund-raiser for Rotary Park and other Rotary community and international projects, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 1 The Rotary Club of Livonia shall provide the City of Livonia with an appropriate insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, and such Certificate of Insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2 That all alcoholic beverages will be sold only by Rotarians and proof of legitimate drinking age will be required, 3 That alcoholic beverages will be served in a fenced off area, 4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit from the State of Michigan prior to this event; 5 That medical and security personnel shall be on site at all times, and 6 That the wire-mounted road signs will be installed on July 27, 2002 and removed by Monday, August 12, 2002 CR 343-02 RESOLVED, that having considered a communication from the Mayor, dated June 4, 2002, which bears the signature of the Director of Finance, to which is attached an invoice from the Michigan Coalition to Protect the Public Rights-of-Way (PROTEC) for the City's PROTEC membership dues for the period July 1, 2002, through June 30, 2003, the Council does hereby authorize Regular Meeting of July 1, 2002 33619 the payment of $25,000 00 from funds already budgeted in the current 2002-2003 Cable Division Budget Account No 297-751- 886-101 (Special Activities) for this purpose A communication from the Office of the City Clerk, dated June 14, 2002, re tax rate request for the Oakland School District for the year 2002 as approved by the Board of Education on June 11, 2002, was received and placed on file for the information of the Council A communication from the Wayne County Regional Educational Service Agency (RESA) dated June 12, 2002, and a revised letter dated June 21, 2002, correcting the figure for the County Voted Special Education to 1 8678 mills, re tax rate request for the year 2002 as approved by the Board of Education on June 12, 2002, was received and placed on file for the information of the Council CR 344-02 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated June 13, 2002, which bears the signature of the Chief Accountant and is approved for submission by the Mayor, the Council does hereby accept the quote submitted by American LaFrance Michigan, Inc , 46944 Liberty Drive, Wixom, Michigan 48393, for supplying the Fire Department with one (1) medium-duty rescue ambulance (to replace an ambulance that was damaged beyond repair on May 30, 2002) in the amount of $140,477 00, including delivery, and one (1) stretcher in the amount of $2,920 00, for a total expenditure of $143,397 00, the same to be expended from funds received from the insurance settlement ($76,940 00), with the balance of $66,457 00 to be paid from Account No 101-338-939-100 (Vehicle Maintenance - Contractual) for this purpose, FURTHER, the Council does hereby authorize a budget adjustment to increase Account No 101-000-698-000 (Sundry Income) and Account No 101-338-979-000 by $76,940 00, FURTHER, the Council does hereby authorize the purchase of said items 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 Regular Meeting of July 1, 2002 33620 CR 345-02 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 3, 2002, approved for submission by the Mayor, and the report and recommendation of the Department of Law, dated May 22, 2002, which bears the signature of the Director of Community Resources and is approved for submission by the Mayor, the Council does hereby deny the application of Thomas M Peterson and Vernon Peterson, co-owners of TVP, Inc., for a public vehicle license to operate a taxicab in the City of Livonia due to the reasons set forth in the aforesaid reports and recommendations CR 346-02 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 15, 2002, and the report and recommendation of the Chief of Police, dated June 14, 2002, approved for submission by the Mayor, the Council does hereby approve the request from Wing Yee's Restaurant Corporation, for transfer of ownership of a 2001 Class C License from Wing Yee's Restaurant Corporation for a business located at 37273 Six Mile Road, Livonia, Michigan 48154, Wayne County, to National City Bank of Michigan/Illinois, FURTHER, the Council does hereby approve the transfer of the 2001 Class C License from National City Bank of Michigan/Illinois (in Escrow) to Newburgh Plaza, LLC, 37273 Six Mile Road, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 347-02 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 13, 2002, which bears the signature of the Director of Finance, the City Attorney and the Director of Inspection, and is approved for submission by the Mayor, the Council does hereby concur in the recommendation of the Chief of Police and hereby authorizes a renewal of the contract between the City of Livonia and Livonia Towing, Inc , 12955 Levan, Livonia, Michigan 48150, for police towing and storage services for a two year period, with charges for the following services rendered for City-owned vehicles and equipment to remain the same as the existing Agreement, previously authorized in Council Resolution 377-99 Towing under 5,000 GVWR $ 10 00 Towing 5,000 to 10,000 GVWR 30 00 Tire change 10 00 Over mileage charge 1 00 per mile Regular Meeting of July 1, 2002 33621 FURTHER, Livonia Towing, Inc. shall abide by the towing and storage rates and fees established in Section 10 21 240 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby determine to approve the request to waive the performance bond requirement for the reasons indicated in the report and recommendation of the Chief of Police, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with Livonia Towing, Inc. provided same is approved as to form by the Department of Law; 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 348-02 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 13, 2002, which bears the signature of the Director of Finance, the City Attorney and the Director of Inspection, and is approved for submission by the Mayor, the Council does hereby refer the subject of increasing certain towing and storage rates and fees to the Department of Law to prepare an appropriate ordinance amendment to Section 10 21 240 of the Livonia Code of Ordinances for submission to Council CR 349-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 13, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which sets forth Parks and Recreation Commission Resolution 2599-02, adopted on June 12, 2002, wherein the Commission recommended that the Livonia Community Recreation Center be exempt from the City's Grid Policy regarding non-profit and charitable organizations, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation CR 350-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 13, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 2592-02, adopted on May 20, 2002, wherein the Commission recommended an increase in fees and charges for figure skating per the attached schedule, the Council does hereby approve the recommended increases in fees and charges as listed in the aforesaid report. Regular Meeting of July 1, 2002 33622 CR 351-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 13, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 2591-02, adopted on May 20, 2002, wherein the Commission recommended an increase in fees for sports officials per the attached schedule, the Council does hereby approve the recommended increases in Sports Official rates as listed in the aforesaid report. CR 352-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 13, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolutions 2597-02 and 2598-02, adopted on June 12, 2002, wherein the Commission recommended that a policy be established that would allow the Parks and Recreation Commission to set activity and program fees for the Livonia Community Recreation Center, as well as to approve the current proposed activity and program fees for the Livonia Community Recreation Center, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation CR 353-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 13, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2596-02, adopted on June 12, 2002, wherein the Commission recommended that the proposed fee structure for daily, annual and multi-use passes for the Livonia Community Recreation Center be approved, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation CR 354-02 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 13, 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 the donation of 800 dozen range golf balls, valued at $4,000 00, from Mr Bob Kunkel, CEO/President, Pro Golf Caddyshack, 20694 Newburgh Road, Livonia, Michigan 48152, for use at Whispering Willows driving range, FURTHER, the Council does hereby authorize Pro Golf Caddyshack to issue coupons for a small bucket of golf balls for six Regular Meeting of July 1, 2002 33623 demo days during the course of the year, as well as a maximum of 140 small buckets on a weekly basis CR 355-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 11, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding additional work required to complete the 2001 Concrete Pavement and Catch Basin Repair Program (Contract 01-E) previously authorized in Council Resolution 430-01, adopted on July 2, 2001, the Council does hereby appropriate and authorize the expenditure of the additional sum of $90,000 00 from the Michigan Transportation Fund (Major Road Account) to be paid to Hard Rock Concrete Co , Inc , 38146 Abruzzi Drive, Westland, Michigan 48185, for additional work required in the center turn lane on Newburgh Road between Five and Six Mile Roads CR 356-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 14, 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 DiLisio Contracting, Inc , 43621 Gratiot Avenue, Clinton Township, Michigan 48036, for completing all work required in connection with the 2002 Concrete Pavement and Catch Basin Repair Program (Contract 02-K), including repair of pavements damaged due to water main breaks at various locations throughout the City, for the estimated total cost of $1,278,200 00, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize expenditures in the amount of $13,000 00 from Account No 592-559-818-000 (Water and Sewer Contractual Services), $742,526 00 from the Michigan Transportation Fund (Major Road Account) and $423,200 00 from the Michigan Transportation Fund (Local Road Account) for this purpose, FURTHER, the Council does hereby authorize an additional appropriation in the amount of $99,474 00 from the Michigan Transportation Fund (Major Road Account) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting of July 1, 2002 33624 CR 357-02 RESOLVED, that having considered a letter from Betty Lightfoot, dated June 19, 2002, on behalf of the Clarenceville United Methodist Church Seniors Ice Cream Social, requesting permission to display 18" x 24" signs announcing an Old Fashioned Ice Cream Social to be held on Saturday, July 20, 2002, which signs shall be installed by 8 00 a m and removed by 10 00 p m on Saturday, July 20, 2002, at various locations listed in the aforementioned letter, the Council does hereby grant and approve this request in the manner and form herein submitted CR 358-02 RESOLVED, that having considered a communication from the City Planning Commission, dated May 29, 2002, which transmits its resolution 05-67-2002 adopted on May 21, 2002, with regard to Petition 2002-04-08-12, submitted by Ka-De Investments, L.L.0 , requesting site plan approval in connection with a proposal to construct an office building on property located at 33470 Lyndon Road in the Northeast 1/4 of Section 21 , pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2002-04-08-12 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated April 15, 2002, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to, 2 That the Landscape Plan dated April 19, 2002 prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the landscaped greenbelt along the west property line, as shown on the approved Landscape Plan, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 6 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's Regular Meeting of July 1, 2002 33625 effectiveness as a protective barrier, the owner of the property shall be required to construct the protective wall pursuant to Section 18 45, 7 That the Exterior Building Elevation Plan marked Sheet 3 dated 4/15/02 prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to, 8 That the brick used in the construction shall be full face four (4) inch brick, no exceptions, 9 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building, and the enclosure gates shall be maintained and when not in use closed at all times, 10 That all light fixtures shall not exceed 20 ft. in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 11 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated May 10, 2002 - that a stop sign be installed at the driveway for exiting vehicles - that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code 12 That no 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, 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; and 14 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient front and side yard setback and any conditions related thereto Regular Meeting of July 1, 2002 33626 CR 359-02 RESOLVED, that having considered a communication from the City Planning Commission, dated June 7, 2002, which transmits its resolution 06-79-2002 adopted on June 4, 2002, with regard to Petition 2002-05-08-14, submitted by Ahmed V Ismail, requesting site plan approval in connection with a proposal to construct a dentist office building on property located at 28046 Five Mile Road in the Southeast 1/4 of Section 13, 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 2002-05-08-14 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated 6/11/02, as revised, prepared by Basney & Smith, is hereby approved and shall be adhered to, 2 That the Proposed Site Plan and Landscape Plan marked Sheet SP-1 and Sheet L-1 dated 6/11/02, as revised, prepared by AZD Associates, are hereby approved and shall be adhered to, provided that an additional five (5) feet of landscaping be installed on the south side of the sidewalk, within the right-of-way, subject to the review and approval of the Planning Director and Wayne County; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plans marked Sheet A- 2 1 and A-2 2 both dated 5/17/02 prepared by ADZ Associates, are hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face four (4) inch brick, no exceptions, 7 That 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 Regular Meeting of July 1, 2002 33627 when not in use closed at all times, 8 That all light fixtures shall not exceed 20 ft. in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 9 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated May 24, 2002 - that parking lot shall be double striped and all handicap spaces shall be identified and comply with the Michigan Barrier Free Code 10 That no signs, either freestanding or wall mounted, are approved with this petition, 11 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 360-02 RESOLVED, that having considered a communication from the City Planning Commission, dated June 7, 2002, which transmits its resolution 06-80-2002 adopted on June 4, 2002, with regard to Petition 2002-05-08-15, submitted by Orin J Mazzoni Jr , requesting site plan approval in connection with a proposal to construct a commercial building on property located at 37330 Six Mile Road in the Southwest 1/4 of Section 8, 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 2002-05-08-15 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP-1 dated May 20, 2002, prepared by Joseph Philips, Architect, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet 1 dated May 7, 2002, prepared by Mark J Baldwin & Associates, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, Regular Meeting of July 1, 2002 33628 4 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet P-2 dated May 20, 2002, prepared by Joseph Philips, Architect, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face four (4) inch brick, no exception, 7 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, 8 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 9 That no 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 10 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 11 That traffic exiting the site onto Six Mile and Newburgh Roads shall be limited to "right-turn" only as recommended by the Traffic Bureau, and that the petitioner shall install the appropriate signage CR 361-02 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 11, 2002, approved by the Chairman of the Zoning Board of Appeals and approved for submission by the Mayor, regarding the subject of a proposed amendment to Zoning Ordinance 543 to allow various types of athletic schools and similar facilities as permitted or waiver uses in industrial zoning districts, the Council does hereby Regular Meeting of July 1, 2002 33629 determine to refer to and request that the City Planning Commission conduct a Public Hearing on the question of whether such amendment should be made, and thereafter submit a report and recommendation to council CR 362-02 RESOLVED, that having considered a request from Tim Olszewski, requesting the waiving of the sidewalk repair in front of his residence located at 18371 Irving, the Council does hereby refer this item to the City Engineer for his report and recommendation A roll call vote was taken on the foregoing resolutions with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None A report from Suburban Mobility Authority for Regional Transportation (SMART) entitled "City of Livonia Transit Analysis," dated April 2002, was received and placed on file for the information of the Council A communication from the Director of Finance, dated May 15, 2002, re the SMART millage proposal, was received and placed on file for the information of the Council A communication from Dan Dirks, General Manager, SMART, dated May 14, 2002, to the Wyandotte Mayor and City Council, re reasons for increasing the millage for SMART, was received and placed on file for the information of the Council Mayor Kirksey spoke and mentioned a possible agreement with the Wayne County Transit Authority and SMART Ron Ristau, Director of Service Development, SMART, spoke to the Council and stated that SMART is committed to providing a new service plan and working with the City of Livonia on a Needs Assessment Study that will be funded by SMART Regular Meeting of July 1, 2002 33630 Mary Zuckerman, Deputy Wayne County Executive, spoke to the Council and stated that there is a need for a comprehensive transportation study to be done by the Wayne County Transit Authority, funded by SMART, in cooperation with the staff of the City of Livonia On a motion by Brosnan, seconded by Taylor, it was RESOLVED, that having considered the Administrative Briefing regarding SMART transportation at the Committee of the Whole Meeting of May 15, 2002, the Council does hereby determine to take no further action on the following actions 1 Support of SB 1240 and HB 5943, 2 Petitioning the Wayne County Transportation Authority to release the City of Livonia from membership in SMART in accordance with MCL 124 458, 3 Requesting a report and recommendation from the Administration regarding the possible scope of other strategies for opting out of SMART in the event that the City's request is not granted by the Wayne County Transportation Authority or if the proposed legislation is not 4 adopted, Requesting that the Administration engage in a study of transportation needs in Livonia and thereafter submit a report and recommendation to the City Council On a motion by Knapp, seconded by Dolan, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the Administrative Briefing regarding SMART transportation at the Committee of the Whole Meeting of May 15, 2002, the Council does hereby determine to leave this item in the Committee of the Whole Councilmember Dolan withdrew her support of the substitute resolution Councilmember Knapp withdrew his motion for the substitute resolution A roll call vote was taken on the originally proposed resolution by Brosnan, seconded by Taylor, as follows Regular Meeting of July 1, 2002 33631 CR 363-02 RESOLVED, that having considered the Administrative Briefing regarding SMART transportation at the Committee of the Whole Meeting of May 15, 2002, the Council does hereby determine to take no further action on the following actions 1 Support of SB 1240 and HB 5943, 2 Petitioning the Wayne County Transportation Authority to release the City of Livonia from membership in SMART in accordance with MCL 124 458, 3 Requesting a report and recommendation from the Administration regarding the possible scope of other strategies for opting out of SMART in the event that the City's request is not granted by the Wayne County Transportation Authority or if the proposed legislation is not adopted, 4 Requesting that the Administration engage in a study of transportation needs in Livonia and thereafter submit a report and recommendation to the City Council AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the resolution duly adopted On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 364-02 RESOLVED, that the City Council does hereby determine to refer the general issue of SMART to the Committee of the Whole for tracking purposes On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 365-02 RESOLVED, that the City Council does hereby determine to refer a comprehensive study of a Needs Assessment and Service Plan relative to the SMART Transportation Program, funded by SMART, to the Capital Improvement Committee for a report and recommendation Regular Meeting of July 1, 2002 33632 The Federal Awards Audit for the year ended November 30, 2001, submitted by Plante & Moran, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 366-02 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated June 11, 2002, submitted pursuant to Council Resolution 291-02, regarding the City of Livonia audits for the General Purpose Finance Statements, Economic Development Corporation and 16th District Court for the fiscal year ended November 30, 2001, the Council does hereby determine to take no further action with regard to this matter On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 367-02 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated June 11, 2002, submitted pursuant to Council Resolution 291-02, the Council does hereby determine to refer the topic of annual audit reports to the Finance, Insurance and Budget Committee On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 368-02 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated June 11, 2002, submitted pursuant to Council Resolution 410-00, regarding the subject of revenue base, the Council does hereby determine to take no further action with regard to this matter On a motion by Taylor, seconded by Vandersloot, and unanimously adopted, it was Regular Meeting of July 1, 2002 33633 CR 369-02 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated June 11, 2002, submitted pursuant to Council Resolution 768-99, the Council does hereby request a report and recommendation from the Administration regarding (1) developing a procedure to follow in order to select new providers for 457 plans and (2) an update on current carriers with the City and procedures On a motion by Taylor, seconded by Brosnan, it was CR 370-02 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated June 11, 2002, submitted pursuant to Council Resolution 789-01, regarding the request to add a Self-Directed Brokerage Option to the City's Section 457 Deferred Compensation Plan, the Council does hereby determine to take no further action with regard to this matter A roll call vote was taken on the foregoing resolution with the following result: AYES Dolan, Taylor, Brosnan, Knapp, Vandersloot and Engebretson NAYS Laura The President declared the resolution duly adopted On a motion by Vandersloot, seconded by Dolan, and unanimously adopted, it was CR 371-02 RESOLVED, that having considered the report and recommendation of the Closed Committee of the Whole, dated June 18, 2002, submitted pursuant to Council Resolution 311-02, in connection with pending litigation of Detroit Edison and Consumers Energy v City of Livonia, the Council does hereby approve the payment of $21,580 00 for legal fees for this on-going litigation, such payment to be appropriated and expended from the Unexpended General Fund Balance for this purpose Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND Regular Meeting of July 1, 2002 33634 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 2001-12-01-14) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 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 2001-12-01-15) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Vandersloot took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND Regular Meeting of July 1, 2002 33635 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 2002-01-01-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Dolan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2002-02-03-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION 54 OF SECTION 170 OF TITLE 5, CHAPTER 03 (GENERAL LICENSING PROCEDURE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting of July 1, 2002 33636 A roll call vote was taken on the foregoing Ordinance with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 090 OF TITLE 12, CHAPTER 24 (TREES AND SHRUBS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 372-02 RESOLVED, that having considered a communication from the City Planning Commission, dated March 28, 2002, which sets forth its resolution 03-47-2002 adopted on March 26, 2002, with regard to Petition 2001-09-06-09, submitted by the City Planning Commission, pursuant to Council Resolutions 607-01 and 608-01, to determine whether or not to amend Sections 20 02A and 20 04 of Article XX of the Zoning Ordinance to reduce density Regular Meeting of July 1, 2002 33637 computations that govern a single family cluster development and establish guidelines to consider impacts of single family cluster developments on future development of adjacent properties, and the Council having conducted a public hearing with regard to this matter on Wednesday, June 12, 2002, pursuant to Council Resolution 223-02, the Council does hereby approve Petition 2001- 09-06-09 (as revised) for preparation of the Ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 373-02 RESOLVED, that having considered a communication from the Fire Chief, dated June 13, 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 a cash donation in the amount of $600 00 from Walmart of Livonia, the same to be appropriated and credited to the Livonia Fire Department Donation Trust Account for use in connection with the Juvenile Fire Prevention Program On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 374-02 RESOLVED, that having considered a communication from the Fire Chief, dated June 13, 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 a cash donation in the amount of $500 00 from Livonia Goodfellows, the same to be appropriated and credited to the Livonia Fire Department Car Seat Donation Trust Account for use in connection with the Car Seat Safety Check Program During the audience communication portion of the agenda, Councilmember Taylor recognized Ralph Williams as being the only person left in the audience and wished him and all of Livonia a "Happy 4th of July" City Clerk Joan McCotter indicated the date of July 8 as being the last day to register for the Livonia primary election of August 6 Regular Meeting of July 1, 2002 33638 On a motion by Brosnan, seconded by Dolan, and unanimously adopted, this 1,468th Regular Meeting of the Council of the City of Livonia was adjourned at 9 06 p m , July 1, 2002 -712,7/1 oan McCotter, City Clerk