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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-05-03 32262 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTEENTH REGULAR MEETING OF MAY 3, 2000 On May 3, 2000, 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 Duggan delivered the invocation Roll was called with the following result: Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, John J Walsh, John R Pastor, and Maureen Miller Brosnan Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Director of Finance, Mary Rutan, Personnel Director; and Kevin Roney, Public Utility Manager On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #316-00 RESOLVED, that the minutes of the 1,415th Regular Meeting of the Council held April 19, 2000, are hereby approved as submitted On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was. #317-00 RESOLVED, that the minutes of the 239th Special Meeting of the Council held April 26, 2000, are hereby approved as submitted During the audience communication portion of the meeting, Wayne County Circuit Court Richard Halloran spoke with respect to family violence and offered assistance to anyone who was in need 32263 Lee Juarez, a resident of Coventry Gardens Subdivision, stated his concerns about the restrictions placed on the size of garbage cans in the City In response, Mayor Kirksey briefly addressed this issue, stating that overweight cans were a safety issue for the Waste Management workers Councilmember Duggan wished his son, Brian, a "Happy Birthday " Brian turned nine years of age on Monday, May 1, 2000 Additionally, Council President Brosnan addressed the "Million Mom March," which will take place in Washington, D C on Mother's Day, and stated there was still room for participants if anyone was interested At the direction of the Chair, Item #11 was removed from the Consent portion of the Agenda Jergen Drake, 32051 Balmoral, addressed Item #16 on the Consent Agenda, stating he was in favor of repaving the streets in the Nottingham Woods Subdivision On a motion by Duggan, seconded by Vandersloot, it was #318-00 RESOLVED, that having considered a communication from the City Assessor, dated April 5, 2000, approved for submission by the Mayor, with regard to a request from Daniel Vettraino, 18525 Merriman, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-037-99-0025-001 into three (3) parcels, the legal descriptions of which shall read as follows PARCEL A A parcel of land located in the N E 1/4 of Section 10, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as follows Commencing at the East 1/4 corner of Section 10, and proceeding thence N 00° 50' 15" W 659 73 feet along the east line of said Section 10 and S 89° 29' 33" W 60 00 feet to the point of beginning, thence continuing S 89° 32264 29' 33" W 260 01 feet; thence N 00° 50' 15" W 97 00 feet; thence N 89° 29' 33" E 260 01 feet to the west right-of-way line of Merriman Road (120' WO ), thence along said right-of-way line S 00° 50' 15" E 97 00 feet to the point of beginning Containing 0 5790 acres of land, more or less Subject to easements and restrictions of record, if any PARCEL B A parcel of land located in the N E 1/4 of Section 10, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as follows Commencing at the East 1/4 corner of Section 10 and proceeding thence N 00° 50' 15" W 756 73 feet along the east line of said Section 10 and S 89° 29' 33" W 60 00 feet to the point of beginning, thence continuing S 89° 29' 33" W 260 01 feet; thence N 00° 50' 15" W 97 00 feet; thence N 89° 29' 33" E 260 01 feet to the west right-of-way line of Merriman Road (120' WO ), thence along said right-of-way line S 00° 50' 15" E 97 00 feet to the point of beginning Containing 0 5790 acres of land, more or less Subject to easements and restrictions of record, if any PARCEL C A parcel of land located in the N E 1/4 of Section 10, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as follows Commencing at the East 1/4 corner of Section 10 and proceeding thence N 00° 50' 15" W 853 73 feet along the east line of said Section 10 and S 89° 29' 33" W 60 00 feet to the point of beginning, thence continuing S 89° 29' 33" W 260 01 feet; thence N 00° 50' 15" W 135 61 feet; thence N 89° 38' 31" E 260 01 feet to the west right-of-way line of Merriman Road (120' WO ), thence along said right-of-way line S 00° 50' 15" E 134 94 feet to the point of beginning Containing 0 8074 acres of land, more or less Subject to easements and restrictions of record, if any as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds #319-00 RESOLVED, that having considered a request from Scott Larkins, on behalf of the Western Golf Association, dated April 5, 2000, requesting the installation of sidewalks on Lyndon from the Western Golf Subdivision to Adams Elementary School, the Council does hereby refer this matter to the Engineering Division for its report and recommendation #320-00 RESOLVED, that having considered a communication from the Mayor, dated April 3, 2000, wherein he has requested approval of the reappointment of Marvin Walkon, Commercial Property Development Co , 32265 30445 Northwestern Highway, Suite 320, Farmington Hills, Michigan 48334, to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2004, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #321-00 RESOLVED, that having considered a communication from the Mayor, dated April 3, 2000, wherein he has requested approval of the reappointment of Duane Wolfgang, Ford Motor Company Controller's Office, 36200 Plymouth Road, Box 4, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2004, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #322-00 RESOLVED, that having considered a communication from the Mayor, dated April 3, 2000, wherein he has requested approval of the reappointment of Dennis Kujawa, Bank One, Michigan, 28660 Northwestern Highway, Southfield, Michigan 48034, to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2004, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. A communication from Michael V Polsinelli, Chairman of the Plymouth Road Development Authority, re an update of programs planned for the Plymouth Road Corridor for the 1999-2000 budget year was received and placed on file for the information of the Council #323-00 RESOLVED, that having considered a communication from the Chief of Police, dated March 29, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is requested that the Council accept the 1999 Federal Block Grant Funds and 1999 Bullet-Proof Vest Grant Reimbursement Funds, the Council does, for and on behalf of the City of Livonia, accept the 1999 Federal Block Grant Funds in the amount of$67,706 00, the same to be deposited in and credited to Account No 223-987-558-080 along with the Police Department's required matching funds in the amount of $7,523 00, FURTHER, the Council does, for and on behalf of the City of Livonia, 32266 accept the 1999 Bullet-Proof Vest Grant Reimbursement Funds in the amount of$6,335 00, the same to deposited in and credited to Account No 101-304-987-000 #324-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 25, 2000, and a report and recommendation of the Chief of Police, dated April 12, 2000, in connection therewith, the Council does hereby recommend approval of the request from Courtyard II Associates, L P (a Delaware Limited Partnership) and Courtyard Management Corporation (a Delaware Corporation) (co-licensees) to transfer all stock in 1999 12 Months Resort B-Hotel licensed business from Courtyard Management Corporation (a Delaware Corporation) (100 shares) to new stockholder, Marriott International Inc. (Step I) for a business located at 17200 N Laurel Park, Livonia, Michigan 48154, Wayne County, and to change existing stockholder name from Marriott International, Inc to SODEXHO Marriott Services, Inc. (Step II), and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #325-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 6, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Turfgrass, Inc , P O Box 667, South Lyon, Michigan 48178, for supplying Fox Creek, Idyl Wyld and Whispering Willows Golf Courses with tee and directional signs, for the total amount of$18,400 00, the same having been in fact the lowest bid received and meets all specifications #326-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 7, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of LTCPS/Play Environments, Inc , 563 College Avenue, Holland, Michigan 49423, for supplying the Department of Parks and Recreation with playground equipment for Elm Park, Hillcrest Park and Dooley Park, for the total amount of$137,995 00, the same having been in fact the lowest bid submitted for these parks and meets all specifications, FURTHER, the Council does hereby accept the bid of Engan-Tooley- Doyle & Associates, Inc , P 0 Box 829, Okemos, Michigan 48805-0829, for supplying the Department of Parks and Recreation with playground equipment for Meadows Park, Botsford Park and Jaycee Park for the total amount of$144,853 00, the same having been in fact the lowest bid submitted for these parks and meets all specifications i11. 32267 #327-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 17, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division (Golf Courses and Parks Sections) with the fertilizers and chemicals specified at the unit prices bid for the 2000 calendar year. 1 Turfgrass, Inc., P 0 Box 667, South Lyon, Michigan 48178 Material to be furnished Unit Price Bid 18-5-9 w/Millenium $ 650 00 per ton 13-3-26 w/Millenium 826 00 per ton 19-3-6 w/Mach II 1,616 00 per ton 18-6-15 w/Nutralene 997 20 per ton 18-3-18 1,020 00 per ton 21-2-20 800 00 per ton 18-5-9 640 00 per ton 21-3-18 685 00 per ton 20-5-20 838 00 per ton Heritage 2,070 00 per case Bio-Trek 22G (40 lb ) 210 00 per bag Daconil Ultrex (4 x 5 lb ) 178 00 per case 2 United Horticultural Supply, 15515 Knobhill Drive, Linden, Michigan 48451 Material to be furnished Unit Price Bid Heritage $2,070 00 per case Daconil Ultrex (4 x 5 lb ) 178 00 per case Merit 5G (30 lb ) 50 00 per bag 3 Benham Turf Partners, 24800 N Industrial Drive, Farmington Hills, Michigan 48335 Material to be furnished Unit Price Bid 5-5-30 w/ 148 Barricade $ 840 00 per ton 19-3-6 w/ 072% Dimension 540 00 per ton 18-3-18 1,020 00 per ton Heritage 2,070 00 per case Mach II (40 lb ) 33 45 per bag Consyst WDG (4 x 4 lb ) 232 00 per case Daconil Ultrex (4 x 5 lb ) 178 00 per case 32268 4 Lesco, Inc., 20005 Lake Road, Rocky River, Ohio 44116 Material to be furnished Unit Price Bid Heritage $2,070 00 per case Bayleton 25WP (4 x 4 x 11 oz.) 352 00 per case #328-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 17, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2000, through April 30, 2001 1 Nagle Paving Company, 30630 West 12 Mile Road, Farmington Hills, Michigan 48334 1100 Asphaltic Concrete $26 00 per ton 20 Wearing Fine (Driveway Top) $26 00 per ton 31 M Wearing $31 50 per ton 2 Angelo's Asphalt Materials, 19300 W 8 Mile Road, Southfield, Michigan 48075 1200 Asphaltic Concrete $25 00 per ton 3 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti, Michigan 48198 Cold Patch Asphaltic Material - Pave 192, delivered $36 36 per ton Cold Patch Material - Q P R. or U P M , delivered $49 15 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2000, through April 30, 2001 1 Angelo's Asphalt Materials, 19300 W 8 Mile Road, Southfield, Michigan 48075 imp 32269 1100 Asphaltic Concrete $25 00 per ton 20 Wearing Fine (Driveway Top) $26 00 per ton 31 M Wearing $27 00 per ton 2 Nagle Paving Company, 30630 West 12 Mile Road, Farmington Hills, Michigan 48334 12WM Asphaltic Concrete $31 50 per ton 3 Midland Contracting Company, P 0 Box 9, Carrollton, Michigan 48724 Cold Patch Asphaltic Material - CP-6, delivered $38 56 per ton Cold Patch Material - Q P R or U P M , delivered $52 84 per ton #329-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated April 17, 2000, which bears the signature of the Director of Finance, is approved by the Chairman of the Water and Sewer Board, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of SOS Service Group, Inc., 2193 Euler Road, Brighton, Michigan 48114, for completing all work required in connection with the 2000 Water Main Replacement Project (Contract 00-A) for the estimated total cost of$448,900 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 an appropriation and expenditure of a sum not to exceed $448,900 00 from Account No 592---158-000 (Construction-in-Progress Water Main Replacement) for this purpose with the understanding that such fund shall be reimbursed at such time as future bond proceeds become available, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #330-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 31, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 191-00, and a communication from Mr Ronald Danowski, 35660 Wood Drive, received in the Office of the City Council on February 24, 2000, and before determining to install a single street light at the corner of three intersecting streets (Country Club, 32270 Fairway and Wood) in the Golf View Meadows Subdivision, located south of Six Mile Road and west of Wayne Road, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended #331-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 31, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 192-00, and a communication from Mr Ronald Danowski, 35660 Wood Drive, received in the Office of the City Council on February 24, 2000, and before determining to install street lighting for the entire Golf View Meadows Subdivision, located south of Six Mile Road and west of Wayne Road, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended #332-00 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated March 31, 2000, approved for submission by the Mayor, regarding the proposed Special Assessment Street Improvement Project for the Nottingham Woods Subdivision (Cambridge, Yorkshire, Balmoral and Canterbury Drives, and Shrewsbury and Balmoral Courts), the Council does hereby determine to take no further action with respect to this proposed special assessment proceeding 32271 A communication from the Department of Community Resources, dated April 7, 2000, re administrative response to CR 228-00 — Time Warner, Inc channel lineup changes and status of cable modem internet access —was received and placed on file for the information of the Council #333-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 31, 2000, 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 2000 Lane Line Marking Program (Contract 00-C) for the estimated total cost of$60,245 20, 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 bid received for this item, FURTHER, the Council does hereby authorize an expenditure in the amount of$51,000 00 from funds already budgeted in Account No 202-463-818-118 (Major Roads Lane Line Marking) for this purpose, FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the amount of$8,930 20 from 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$315 00 from Account No 203-463-818-118 (Local Roads Lane Line Marking) 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 #334-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 31, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Orchard, Hiltz & McCliment, Inc., 34935 Schoolcraft, Livonia, Michigan 48150, in the amount of $9,000 00 for creation of a Sidewalk Database for the City of Livonia, FURTHER, the Council does hereby authorize an expenditure of an amount not to exceed $9,000 00 from Account No 101-441-818-005 (Engineering Contractual Services) for this purpose, FURTHER, the Council does hereby authorize a budget adjustment transferring $9,000 00 from Account No 101-475- 32272 818-020 to Account No 101-441-818-005 (Engineering Contractual Services) for this purpose, 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 company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended #335-00 RESOLVED, that having considered a communication from the Department of Law, dated April 19, 2000, approved for submission by the Mayor, to which is attached a Real Estate Sales Agreement, submitted pursuant to Council Resolution 151-00, the Council does hereby accept the offer of the Detroit Edison Company, 2000 Second Avenue, Detroit, Michigan 48226, to purchase certain City-owned property in the North 1/2 of Section 27, further described as Part of the Northwest 1/4 of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as commencing at the center of Section 27 said point being distant South 89°12'30" East, 2653 33 feet from the West 1/4 corner of said Section 27, thence North 00°06'20" East, 49 50 feet along the North and South 1/4 line to the Northerly Right of Way line of the C & 0 Railroad, thence North 89°12'30" West, 548 12 feet, along said right of way line to the point of beginning, thence North 89°12'30" West, 250 00 feet, along said right of way line, thence North 00°20'30" East, 420 00 feet; thence South 89°12'30" East, 250 00 feet, along the Southerly Right of Way line Glendale Ave , thence South 00°20'30" West, 420 00 feet, to the point of beginning Containing 2 410 acres of land for the sum of$275,000 00, pursuant to the referenced Real Estate Sales Agreement, which is hereby approved, and the Mayor and City Clerk are hereby requested to execute said Real Estate Sales Agreement and a quit claim deed, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby direct that the net proceeds from the sale of this property be deposited into General Fund Account No 101-000-680-000 (Sale of Fixed Assets), and the proceeds for the relocation of the Transfer Station be deposited into Refuse Fund Account No 205-000-698-000 (Sundry Income), and a budget adjustment be approved increasing the budget for Account No 205-000-698-000 (Sundry Income) and 205-527-974-000 (Land Improvement) in the amount of $163,450 00 32273 #336-00 RESOLVED, that having considered a communication from Council President Maureen Miller Brosnan, dated April 14, 2000, in connection with a request from Webvan Group, Inc. and a communication from the Department of Law, dated April 19, 2000, regarding a proposed amendment adding Section 17 09 to the Zoning Ordinance to permit S D D and S D M licensed establishments as waiver uses within manufacturing districts (Petition 00-4-6-2), the Council does hereby refer this matter to the Legislative Committee for its report and recommendation #337-00 RESOLVED, that having considered a request from Council President Maureen Miller Brosnan requesting to establish the Livonia Community Foundation as the recipient of donations from companies seeking tax abatements, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #338-00 RESOLVED, that having considered a request from Council President Maureen Miller Brosnan requesting to establish the Livonia Community Foundation as the recipient of donations from companies seeking tax abatements, the Council does hereby refer the subject of the legality of the proposed course of action to the Department of Law for its report and recommendation #339-00 RESOLVED, that having considered a request from Council President Maureen Miller Brosnan requesting to establish the Livonia Community Foundation as the recipient of donations from companies seeking tax abatements, the Council does hereby refer the subject of the impact such course of action would have on businesses within the City of Livonia to the Economic Development Manager for his report and recommendation #340-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Mark Perry, CAE, Director- Property Taxes, MascoTech Forming Technologies-Livonia, a division of MascoTech, Inc., also known as Hi-Vol Products, Inc , dated April 7, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District 78, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 32274 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, June 7, 2000, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, June 7, 2000, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan NAYS None On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #341_00 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated April 3, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with proposals received for providing local telephone service to the City of Livonia, the Council does hereby accept the proposal submitted by Nextlink Communications, 38701 Seven Mile Road, Suite 335, Livonia, Michigan, for providing local telephone service to the City of Livonia for the estimated total cost of$6,451 00 per month, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a three-year contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended On a motion by Vandersloot, seconded by Engebretson, and unanimously L. adopted, it was 32275 #342-00 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated April 11, 2000, submitted pursuant to Council Resolution 798-98, and the report and recommendation of the Director of Finance, dated March 21, 2000, approved for submission by the Mayor, regarding the question of oversight of investment options in the Defined Contribution Retirement Plan, the Council does hereby adopt the policy recommended by the Director of Finance wherein the Defined Contribution Plan administrator shall be allowed to make changes to fund offerings in the "Future Funds II" group of funds based upon the criteria determined by the plan administrator without any further formal review or acceptance procedure by the City; FURTHER, this policy is adopted pursuant to Section 2 97 400 of the Defined Contribution Retirement Plan Ordinance On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was #343-00 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated April 11, 2000, submitted pursuant to Council Resolution 798-98, and the report and recommendation of the Director of Finance, dated March 21, 2000, approved for submission by the Mayor, regarding the question of oversight of investment options in the Defined Contribution Retirement Plan, the Council does hereby authorize the Department of Law and the Department of Finance to enter into negotiations with Great West Life and Annuity to provide a self-directed option in the City's Defined Contribution Plan, FURTHER, the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with Great West for this purpose with the understanding that the contract provisions shall be in accordance with the parameters outlined in the aforementioned report and recommendation and such contract shall be subject to approval as to form by the Department of Law On a motion by Vandersloot, seconded by Engebretson, and unanimously adopted, it was #344-00 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated April 11, 2000, submitted pursuant to Council Resolution 798-98, and the report and recommendation of the Director of Finance, dated March 21, 2000, approved for submission by the Mayor, regarding the question of oversight of investment options in the Defined Contribution Retirement Plan, the Council does hereby determine to take no further action with respect to Council Resolution 798-98 32276 Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 22 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 99-12-1-21) 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 Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUE) 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 Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION D OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) 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 Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 32277 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 Engebretson gave first reading to the following Ordinance AN ORDINANCE AUTHORIZING TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISEE FROM TIME WARNER, INC TO AOL TIME WARNER, INC AND AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS RELATING THERETO The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was #345-00 RESOLVED, that having considered a communication from the Department of Law, dated April 14, 2000, approved for submission by the Mayor, to which is attached a proposed Acceptance Agreement between the City of Livonia, Time Warner Entertainment-Advance/ Newhouse Partnership and Time Warner, Inc in connection with the transfer of control of the cable television system and franchise from Time Warner to AOL Time Warner, Inc , the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the Acceptance Agreement and to take all other steps necessary or incidental to the full performance of this resolution Walsh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING CHAPTER 300 (ENERGY UTILITY FRANCHISES) TO TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: 32278 AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 14 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 99-9-1-13) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Duggan, seconded by Engebretson, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 11, 2000, and the report and recommendation of the Chief of Police, dated April 7, 2000, approved for submission by the Mayor, regarding a request from N H Enterprises, Inc for transfer of ownership of a 1999 SDM licensed business from Garden Enterprises, Inc for a business located at 27405 Grand River, Livonia, Michigan 48152, Wayne County, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation 32279 A communication from the Inspection Department, dated May 1, 2000, re an updated report on the condition of the property located at 27405 Grand River was received and placed on file for the information of the Council Tallal Hourany, 7733 Indiana, stated he hoped to have everything repaired at 27405 Grand River with respect to the SDM licensed business very soon Engebretson withdrew his support of the foregoing resolution, and Duggan withdrew his motion At the direction of the Chair, the request from N H Enterprises, Inc. for transfer of ownership of a 1999 SDM licensed business from Garden Enterprises, Inc. for a business located at 27405 Grand River was postponed until the Regular Meeting of May 17, 2000 On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was #346-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 11, 2000, and the report and recommendation of the Chief of Police, dated April 7, 2000, approved for submission by the Mayor, regarding a request from N H Enterprises, Inc for transfer of ownership of a 1999 SDM licensed business from Garden Enterprises, Inc for a business located at 27405 Grand River, Livonia, Michigan 48152, Wayne County, the Council does hereby request the Inspection Department to conduct another inspection of the property on May 16, 2000, and to submit an updated report and recommendation On a motion by Laura, seconded by Duggan, it was #347-00 RESOLVED, that having considered a communication from the City Planning Commission, dated March 15, 2000, which transmits its Resolution 3-52-2000, adopted on March 14, 2000, with regard to Petition 99-5-2-16, submitted by GMRI, Inc , on behalf of Darden Restaurants, Inc., requesting approval for signage and to amend the approved site plan in order to modify the height of the light standards for the restaurant (Bahama Breeze) located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Southwest 1/4 of Section 6, the Council does hereby concur in the recommendation made by the City = Planning Commission and the signage and revised site plan in connection with Petition 99-5-2-16 are hereby approved and granted, subject to the following conditions 32280 1 That the sign package submitted by Darden Restaurants, as received by the Planning Commission on March 6, 2000, and as lbw revised in the sign renderings received by the City Council on May 2, 2000, is hereby approved and shall be adhered to, 2 That the wall signs shall not be illuminated beyond one (1) hour after this restaurant closes, 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, FURTHER, Council Resolution 714-99 is hereby amended to change condition no 6 so as to read as follows 6 That all light fixtures shall be shielded and all light standards shall not exceed 20 feet in height, and the site plan shall be conforming to the 20-foot maximum height; FURTHER, all other conditions and requirements set forth in Council Resolution 714-99 shall remain in effect and shall be adhered to A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, and Brosnan NAYS Pastor The President declared the resolution adopted A communication from Darden Restaurants, dated April 27, 2000, re withdrawing their request to amend the height of the light standards from 20 feet to 30 feet was received and placed on file for the information of the Council (Petition 99-5-2- 16) 32281 Two (2) sign renderings received on May 2, 2000, re Bahama Breeze restaurant were received and placed on file for the information of the Council (Petition 99-5-2-16) Trudy Boston, GMRI, Inc., was present to answer questions of Council re signage for Bahama Breeze restaurant. On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was #348-00 RESOLVED, that the Council does hereby refer the subject of how site plan petitions and requests for approval of signage are processed (including the issue of whether Planning Commission or Zoning Board of Appeals proceedings should occur first) to the Mayor for a report and recommendation On a motion by Duggan, seconded by Walsh, it was #349-00 RESOLVED, that having considered a communication from the Department of Law, dated April 20, 2000, approved for submission by the Mayor, 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 regarding Mularoni v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor, and Brosnan NAYS None The President declared the resolution adopted There was no audience communication at the end of the meeting 32282 On a motion by Engebretson, seconded by Duggan, and unanimously adopted, this 1,416th Regular Meeting of the Council of the City of Livonia was adjourned at 8 56 p m , May 3, 2000 0 -7171t(ja J J. :n McCotter, City Clerk Y