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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-01-12 32036 MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTH REGULAR MEETING OF JANUARY 12, 2000 On January 12, 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 Vandersloot delivered the invocation Roll was called with the following result: Val I Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, Jack Engebretson and Maureen Miller Brosnan Absent: John J Walsh - ill Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Beckley, Director of Public Works, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Barbara Lewis, City Librarian, Karen Szymula, Director of Legislative Affairs, Dan Putman, Information Systems Manager; Karen Tesner, Assistant City Clerk, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Pastor, it was #1-00 RESOLVED, that the minutes of the 1,407th Regular Meeting of the Council held December 15, 1999 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None Council President Brosnan announced that the City has a new City Librarian, Barbara Lewis Councilmember Engebretson introduced City Librarian Barbara Lewis to the Council and viewing audience City Librarian Barbara Lewis spoke and said she appreciated the vote of confidence extended to her, and she indicated that she would work to have Livonia's libraries remain among the best in the State 32037 Council President Brosnan announced that there will be a reception held in honor of City Librarian Barbara Lewis on January 21, 2000 at 900-11'00 a m at the Civic Center Library Iwo Councilmember Joe Laura invited City Librarian Barbara Lewis to attend future Council meetings and provide information on the type of services that the City libraries offer to the community, and the number of people that utilize the City libraries, Council President Brosnan announced the appointed positions of Committee Chairpersons and members for the various Committees' meetings that will be held in the years 2000-2001 A communication from the City Council presenting the Chairpersons and members of the various Committees for the years 2000-2001, as shown below, was received and placed on file for the information of the Council Committee of the Whole Maureen Miller Brosnan Chairman Al! Councilmembers Capital Improvement Committee- Jack Engebretson Chairman John R. Pastor Val Vandersloot Finance, Insurance and Budget Committee: Val Vandersloot Chairman Joe Laura John J Walsh Legislative Committee: John J Walsh Chairman Brian Duggan Joe Laura Livonia City Council/Schools Liaison Committee. John R. Pastor Chairman Brian Duggan John J Walsh Streets, Roads, & Plats Committee: Joe Laura Chairman Jack Engebretson John R. Pastor 32038 Water, Sewer and Waste Committee Brian Duggan Chairman lame Jack Engebretson Val Vendersloot Councilmember Pastor recognized cameraman Dick Arthur, who has been on the job for 10 years, and will be celebrating his 83rd birthday on Friday, January 14, 2000 Council President Brosnan recognized numerous Stevenson High School students in attendance in the audience At the direction of the Chair, Agenda Item #12 was removed from the Consent portion of the Agenda A newspaper article from the Detroit Free Press, dated January 12, 2000, re Agenda Item #9 — the construction of an on-line grocery distribution center to be located in Building Two at the Livonia Corporate Center (Millenium Park) - was received and placed on file for the information of the Council A communication from the Department of Finance, dated January 6, 2000, re Agenda Item #14 — Local 1917 1998-1999 Wage and Benefit Comparison —was received and placed on file for the information of the Council A communication from the Planning Commission, dated January 7, 2000, re Agenda Item #15 — valid protest existing on Petition 99-10-1-19 and the requirement of a three-fourths majority vote of the City Council - was received and placed on file for the information of the Council On a motion by Duggan, seconded by Pastor, it was #2-00 RESOLVED, that having considered a letter from Carolyn L Cowsert, dated November 30, 1999, regarding the upgrading of island medians in the downtown area on Five Mile Road and the exterior maintenance of businesses on Five Mile Road between Farmington and Middlebelt Roads, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation 32039 #3-00 RESOLVED, that having considered a letter from Carolyn L Cowsert, dated November 30, 1999, regarding the upgrading of island medians in the downtown area on Five Mile Road and the exterior maintenance of businesses on Five Mile Road between Farmington and Middlebelt Roads, the Council does hereby refer this matter to the Mayor for a report and recommendation #4-00 RESOLVED, that having considered a communication from Tad Smith, 15616 Fitzgerald, dated October 21, 1999, regarding the traffic on Fitzgerald Street in the Five Mile Road and Newburgh Road area and the possibility of installing additional signage to address this problem, the Council does hereby refer this matter to the Traffic Commission for its report and recommendation A communication from the Office of the City Clerk, dated December 21, 1999, re Livonia Public Schools School District's Tax Collection for the 2000-01 Fiscal Year, was received and placed on file for the information of the Council #5-00 RESOLVED, that having considered the report and recommendation of the Information Systems Manager and the Director of Finance, dated December 9, 1999, approved for submission by the Mayor, requesting renewal of the maintenance agreement with the City's software provider and to which is attached a proposed Deluxe Standard Software Maintenance Agreement, the Council does hereby authorize the execution of the attached agreement between the City of Livonia and New World Systems, 888 W Big Beaver Road, Troy, Michigan 48084- 4749, to provide the city with various services related to computer software for the period December 1, 1999, through November 30, 2002, for the annual cost as follows From December 1, 1999 to November 30, 2000 - $74,611 00 per year From December 1, 2000 to November 30, 2001 - $79,249 00 per year From December 1, 2001 to November 30, 2002 - $82,936 00 per year FURTHER, any additional programming support over the 200 hours provided by the agreement to be billed at the rate of $100 00 per hour for the period December 1, 1999 through November 30, 2000, $115 00 per hour for the period December 1, 2000 through November 30, 2001, and $125 00 per hour for the period December 1, 2001 through November 30, 2002, from funds already budgeted for this purpose in Account No 101- 915-818-005 (Data Processing - Contractual Services - Consultant), FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with the provisions set forth in Section 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended 32040 #6-00 RESOLVED, that having considered the report and recommendation of the Information Systems Manager and the Director of Finance, dated December 9, 1999, approved for submission by the Mayor, requesting renewal of the maintenance agreement with New World Systems to provide the City with various services related to computer software, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #7-00 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 16, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and a subsequent communication dated January 5, 2000, the Council does hereby authorize the purchase of Police Department vehicles as follows • Thirteen (13) 2000 Crown Victorias (Patrol Vehicles) from Signature Ford, 1960 E Main, Owosso, Michigan 48867, through the Macomb County consortium, in the amount of $267,071 55 to be expended from funds already budgeted for this purpose in Account #101-325-985-000, • One (1) 2000 Chevrolet (Traffic Bureau) from Buff Whalen Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan 48313, through the Macomb County consortium, in the amount of $18,848 23 to be expended from funds already budgeted for this purpose in Account #101-302-985-000, and • Six (6) 2000 Ford Taurus' (D.A.R.E./School Liaison Program) from Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183, through the Macomb County consortium, in the amount of $87,498 00 to be expended from funds already budgeted for this purpose in Account #265-333-985-000, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Macomb County consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of twenty (20) surplus City-owned policevehicles at public auction after receipt of the new vehicles #8-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director 32041 of Public Works, dated December 13, 1999, 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 Shelving Incorporated, 32 S Squirrel Road, Auburn Hills, Michigan 48326, for supplying the Public Service Division (Equipment Maintenance Section) with a modular mezzanine for the total amount of $27,820 00, the same having been in fact the lowest bid received and meets all specifications, 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 #9-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 9, 1999, 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 Kirk's Automotive, Inc , 9330 Roselawn, Detroit, Michigan 48204, for supplying the Public Service Division (Building Maintenance Section) with mobile electro-hydraulic jacks for the total amount of$29,000 00, the same having been in fact the lowest and only bid received and meets specifications #10-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 16, 1999, 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 Owen Tree Service, Inc., 225 N Lake George Road, Attica, Michigan 48412, for completing all work required in connection with the City's 2000 Tree and Stump Removal Program for a total price not to exceed $42,830 25, FURTHER, the Council does hereby authorize an expenditure in the amount of $42,830.25 from Account No 205-527-882-000 (Municipal Refuse Fund) 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 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 #11-00 RESOLVED, that having considered a communication from the Economic Development Manager, dated December 20, 1999, approved for submission by the Mayor, requesting the City to waive inspection fees in connection with the MEGA Incentive Package offered by the Michigan Economic Development Corporation (MEDC) to Webvan Group, Incorporated, for the construction of a grocery distribution system in Building Two at the Livonia Corporate Center (Millennium Park), the Council does hereby approve of the request to waive the inspection fees in connection with the construction of a grocery distribution system by 32042 Webvan Group, Incorporated in Building Two at the Livonia Corporate Center (Millennium Park) #12-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated December 8, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding additional work required in connection with the Glendale Avenue Extension and Leachate Collection System Project (Contract 98-F) previously authorized in Council Resolution 599-98, adopted on August 10, 1998, and amended by Council Resolution 729-99, adopted on October 13, 1999, the Council does hereby appropriate and authorize the expenditure of the additional sum of $28,204 00 from the Unexpended Fund Balance of the Refuse Fund to be paid to Sunset Excavating, Inc., 12641 Stark Road, Livonia, Michigan 48150, for this additional work. A communication from the Department of Law, dated December 3, 1999, re Administrative Response to CR 419-99 — the unlikely result of a protective wall/greenbelt being built by Kroger Store and/or the landlord between the store and residential properties in Hillcrest Court — was received and placed on file for the information of the Council #13-00 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 3, 1999, submitted pursuant to Council Resolution 419-99, regarding the subject of the protective wall/greenbelt for the Kroger store located on the south side of Five Mile, east of Merriman, and the adjoining residential properties on Hillcrest Court, the Council does hereby refer the subject of Ordinance Amendment 2149 to Section 18 45 of Article XVIII of Zoning Ordinance No 543, as amended, adopted at the Regular Meeting of November 9, 1992, to the Department of Law for its report and recommendation #14-00 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 3, 1999, submitted pursuant to Council Resolution 419-99, regarding the subject of the protective wall/greenbelt for the Kroger Store located on the south side of Five Mile, east of Merriman, and the adjoining residential properties on Hillcrest Court, the Council does hereby refer the subject of protective walls and greenbelts to the Streets, Roads and Plats Committee for its report and recommendation 32043 #15-00 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 3, 1999, submitted pursuant to Council Resolution 419-99, regarding the subject of the protective wall/greenbelt for the Kroger store located on the south side of Five Mile, east of Merriman, and the adjoining residential properties on Hillcrest Court, the Council does hereby refer the matter of trash and parking lot lights at the Kroger Store located adjacent to the residential properties on Hillcrest Court to the Inspection Department for its report and recommendation #16-00 RESOLVED, that having considered a request from Council President Maureen Miller Brosnan, the Council does hereby refer the subject of high-tech communications to the Committee of the Whole for its report and recommendation #17-00 RESOLVED, that having considered a communication from the Personnel Director, dated January 4, 2000, approved by the Director of Finance and approved for submission by the Mayor, regarding the contract negotiated between the City of Livonia and the Livonia Supervisory and Technical Chapter of Local 1917, and its affiliated Council 25, American Federation of State, County & Municipal Employees, AFL-CIO, for the period December 1, 1998, through November 30, 2001, with the Civil Service Commission to formally approve said contract at their next regular meeting of January 20, 2000, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #18-00 RESOLVED, that the Council does hereby permanently refer the subject of Collective Bargaining Agreements to the Committee of the Whole for its report and recommendation #19-00 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, March 1, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 99-9-1-13, submitted by Anthony J Semaan and Rose Dasaro, on behalf of Mildred 0 Vasaris, for a change of zoning of property located on the west side of Middlebelt Road between Wentworth Avenue and Puritan Avenue in the Southeast 1/4 of Section 14 from RUF to OS, the City Planning Commission in its 32044 resolution 11-201-99 having recommended to the City Council that Petition 99-9-1-13 be denied, 2) Petition 99-9-1-15, submitted by General Properties Co , L L.0 , for a change of zoning of property located immediately west of Sunset Subdivision between Fargo Avenue and Eight Mile Road in the Northwest 1/4 of Section 2 from RUF to R-3, the City Planning Commission in its resolution 12-217-99 having recommended to the City Council that Petition 99-9-1-15 be approved, and (3) Petition 99-10-1-19, submitted by Daniel Vettraino, for a change of zoning of property located on the west side of Merriman Road between Pickford and Curtis Avenues in the Northeast 1/4 of Section 10 from RUFC to R-3, the City Planning Commission in its resolution 12-211-99 having recommended to the City Council that Petition 99-10-1-19 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Vandersloot, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None A communication from Nu-Vest Associates, Inc , dated January 11, 2000, re the use of block building material as opposed to brick for the dumpster construction at the Livonia Five Plaza, was received and placed on file for the information of the Council 32045 Mr Ryan Kattoo, a representative from Nu-Vest Associates, Inc., was present to answer questions of the Council regarding the building material in the construction of the dumpster enclosure in the Livonia Five Plaza On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #20-00 RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 1999, which transmits its resolution 12-221-99 adopted on December 14, 1999, with regard to Petition 99-10-8-26 submitted by Van Born Plaza, L L.0 , on behalf of the Livonia Five Plaza, requesting approval to relocate and construct a dumpster enclosure and to modify the layout of the parking lot, previously approved in Council Resolution 823-99, in connection with a proposal to renovate the exterior building elevations of the commercial center located at 28423 Five Mile Road in the Northwest 1/4 of Section 24, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-10-8-26 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, dated December 20, 1999, is hereby approved and shall be adhered to with the added priviso that the yews shall be larger when installed as directed by the Planning Department; 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the plant materials shall be, at the very minimum, equal in characteristics to those listed in Section 18 45(c) of Zoning Ordinance #543, and 5 That the three walls of the trash dumpster area shall be constructed out of the same masonry material used in the construction of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times 6 Footings should be 42 inches deep, and the location of the dumpster should be at the discretion of the Building Inspection Department, after consulting with the petitioner At the direction of the chair, Agenda Item #16 re movie start times in connection with approval of Petition 96-4-2-14 submitted by Walkon & Associates to construct a 20 32046 screen AMC movie theater on property located north of Seven Mile Road between Haggerty Road and the 1-275 Expressway in the Southwest 1/4 of Section 6, was moved to the Regular Meeting of the City Council to be held on January 26, 2000 (CR 149-99) A communication from Department of Public Safety, Division of Police, dated December 3, 1999, re crime activity data update for Sections 4, 5 6 (where the AMC/Restaurant complex is located) and 7,8 and 9 (Haggerty to Farmington, south of Seven Mile), was received and placed on file for the information of the Council A communication from the Department of Public Safety, Division of Police, dated December 10, 1999 re crime activity update for Northville Township's Windridge Subdivision (across from the AMC 20 Theater Complex), was received and placed on file for the information of the Council A communication from the Engineering Division, dated September 22, 1999, re Funding Source Survey for Street Rehabilitation, was received and placed on file for the information of the Council (CR 600-90) On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #21-00 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated December 13, 1999, submitted pursuant to Council Resolution 600-90, regarding the establishment of a program for street replacement and/or repair, the Council does hereby determine to take no further action on this matter On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #22-00 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated December 13, 1999, submitted pursuant to Council Resolution 786-97, regarding the subject of a proposed method of funding local road 32047 improvements with respect to the establishment of a program for street replacement and/or repair and whether Livonia should adopt a program similar to that utilized by the City of Ann Arbor involving a citizen committee on road needs, the Council does hereby determine to take no further action on this matter On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #23-00 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated December 13, 1999, submitted pursuant to Resolution 499-99, regarding the establishment of a program for street replacement and/or repair, the Council does hereby refer the subject of the process of paving projects and payment for such improvements to the Mayor for his report and recommendation, FURTHER, it is respectfully requested that said report be submitted to Council on or before March 1, 2000 At the direction of the Chair, Agenda Item # 17(d) re the subject of the paving of Henry Ruff Road between Five Mile Road and Lyndon, was moved to the Regular Meeting of the City Council to be held on January 26, 2000 (CR 704-99) Councilmember Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 25 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 99-6-1-10) 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 Engebretson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 99-8-1-12) 32048 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 Councilmember Engebretson invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Vandersloot, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Rosemarie Trouteaud was present at the meeting to answer the questions of Council A communication from the Planning Commission, dated January 7, 2000, re previous lot split proposals that are similar in nature to the Rosemarie Trouteaud lot split (establish (2) 40 ft. wide non-conforming building sites where one (1) 80 ft. wide conforming parcel presently exists) was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Pastor, it was #24-00 RESOLVED, that having considered a communication from the City Assessor, dated November 30, 1999, approved for submission by the Mayor, with regard to a request from Rosemarie Trouteaud, 435 Second Street, South Lyon, Michigan 48178, 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 46 001 04 0320 000 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A. 32049 Lot #371, "The Argonne Sub " of part of the N E '/4 of Section 1, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan Recorded L 40, P 5 Plats, W C R. PARCEL B. Lots #372 and #373, "The Argonne Sub " of part of the N E 1/4 of Section 1, T 1 S , R 9E , City of Livonia, Wayne County, Michigan Recorded L. 40, P 5 Plats, W C R 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, PROVIDED, however, that until a variance is granted by the Zoning Board of Appeals as to every nonconforming lot resulting from such split, none of said lots may be sold, leased or transferred A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Duggan, Engebretson and Brosnan NAYS Laura The President declared the resolution duly adopted On a motion by Laura, seconded by Vandersloot, it was #25-00 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 14, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 3288 12/99, wherein the Board concurs with the recommendation made by the Public Utility Manager in a letter dated December 3, 1999, attached thereto, the Council does hereby accept the bid of Motor City Ford Trucks, Inc., 39300 Schoolcraft Road, P 0 Box 511107, Livonia, Michigan 48151-7107 for supplying the Public Service Division (Water and Sewer Maintenance Section) with one (1) 2000 tandem axle cab and chassis with 10-12 yard dump body in the total amount of $85,690 00, the same having been in fact the lowest and only bid received and meets specifications, FURTHER, the Council does hereby authorize the expenditure of the amount of $73,500 00 from funds already budgeted in Account No 592-000-142-000 for this purpose, FURTHER, the Council does hereby appropriate and authorize the expenditure of the amount of $12,190 00 from the Unexpended Fund Balance of the Water and Sewer Fund for this purpose, FURTHER, the 32050 Council does hereby authorize the disposal of one (1) surplus City-owned vehicle at public auction after receipt of the new vehicle, FURTHER, the proceeds of the sale of such property shall be allocated to the Unexpended Fund Balance of the Water and Sewer Fund A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Duggan, Laura, Engebretson and Brosnan NAYS Pastor The president declared the resolution duly adopted A communication from the Public Service Division, dated January 10, 2000, re additional information in the consideration of awarding bids for Two (2) single axle dump trucks/plows/salt spreaders, One (1) tandem axle with 10-12 yard dump box; One (1) tandem axle with 10-12 yard dump box/plow/salt spreader, was received and placed on file for the information of the Council On a motion by Laura, seconded by Vandersloot, it was #26-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 16, 1999, 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 Motor City Trucks, 39300 Schoolcraft Road, P 0 Box 511107, Livonia, Michigan 48151, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) 2000 Sterling tandem-axle cab and chassis complete with installed 10-12 yard dump body and hoist, tailgate salt spreader, underbody scraper blade, hydraulic system and front snowplow for a total price of $109,850 00, the same having been in fact the lowest bid received which meets all specifications, and the bid of Wink Chevrolet Company is hereby rejected for the reasons indicated in the attachment; FURTHER, the Council does hereby authorize the disposal of one (1) surplus City- owned vehicle at public auction after receipt of the new vehicle A roll call vote was taken on the foregoing resolution with the following result. AYES Vandersloot, Duggan, Laura, Engebretson and Brosnan NAYS Pastor 32051 The president declared the resolution duly adopted A communication from the Public Service Division, dated January 10, 2000, re additional information in the consideration of awarding bids for Two (2) single axle dump trucks/plows/salt spreaders, One (1) tandem axle with 10-12 yard dump box; One (1) tandem axle with 10-12 yard dump box/plow/salt spreader, was received and placed on file for the information of the Council On a motion by Laura, seconded by Vandersloot, it was #27-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 16, 1999, 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 Motor City Trucks, 39300 Schoolcraft Road, P O Box 511107, Livonia, Michigan 48151, for supplying the Public Service Division (Equipment Maintenance Section) with two (2) 2000 Sterling single-axle cabs and chassis complete with installed 5-7 yard dump body and hoist, hydraulic system, snowplow, tailgate spreader, and underbody scraper for a total price of $186,580 00, the same having been in fact the lowest bid received which meets all specifications, and the bid of Wink Chevrolet Co is hereby rejected for the reasons indicated in the attachment; FURTHER, the Council does hereby authorize the disposal of two (2) surplus City-owned vehicles at public auction after receipt of the new vehicles A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Duggan, Laura, Engebretson and Brosnan NAYS Pastor The president declared the resolution duly adopted A communication from the Public Service Division, dated January 10, 2000, re additional information in the consideration of awarding bids for Two (2) single axle dump trucks/plows/salt spreaders, One (1) tandem axle with 10-12 yard dump box; 32052 One (1) tandem axle with 10-12 yard dump box/plow/salt spreader, was received and placed on file for the information of the Council Councilmember Duggan left the podium at 8 47 p m due to a conflict of interest. On a motion by Laura, seconded by Pastor, it was #28-00 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated November 30, 1999, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution 620-99, adopted on August 30, 1999, so as to reduce the financial assurances now on deposit with the City for general improvements in the Merriman Forest Subdivision, located in the Northwest 1/4 of Section 11, to $3,300 00 of which at least $1,000 00 shall be in cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged A roll call vote was taken on the foregoing resolution with the following result. AYES Vandersloot, Pastor, Laura, Engebretson and Brosnan NAYS None The President declared the resolution duly adopted Councilmember Duggan returned to the podium at 8 48 p m On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was #29-00 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1999, which transmits its resolution 12-215-99, adopted on December 14, 1999, with regard to Petition 99-5-8-16 submitted by Clarita Commons Development, L L C , requesting approval of a landscape plan and entrance markers in connection with a proposal to construct a site condominium development (Clarita Commons Site Condominiums) on property located at 29505 Clarita Avenue in the Northeast 1/4 of Section 11, the Council does hereby concur in the recommendation of the Planning Commission, and the landscape plan and entrance markers in connection with Petition 99-5- 8-16 are hereby approved and granted, subject to the following conditions 32053 1 That the Landscape Plans marked Pages 1 through 5, prepared by C G Wilkop Landscape, Inc., as received by the Planning Commission on December 13, 1999, are hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That underground sprinklers are to be provided within the 10 ft. wide easement area, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the plant materials shall be, at the very minimum, equal in characteristics to those listed in Section 18 45(c) of Zoning Ordinance #543, 5 That if sufficient right-of-way or easement is available, a sidewalk shall be added between the two cul-de-sacs A communication from the Planning Commission, dated January 7, 2000, re a new landscaping plan that shows that the entrance markers for the Clarita Commons Site Condominiums will be in compliance with setback requirements, was received and placed on file for the information of the Council (Petition 99-5-8- 16) Councilmember Pastor left the podium at 8 51 p m due to a potential conflict of interest. On a motion by Duggan, seconded by Engebretson, it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 1999, which transmits its resolution 12-223-99, adopted on December 14, 1999, with regard to Petition 99-11-8-27 submitted by Richard C Blumenstein, requesting site plan approval in connection with a proposal to construct an industrial building on property located at 33875 Capital Court in the Southeast 1/4 of Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this subject matter to the Committee of the Whole for its report and recommendation 32054 Nico Schultz, a representative of Dover Development, 32400 Telegraph Road, Suite 205, Bingham Farms, Michigan 48025, was present at the meeting to answer questions of the Council A communication from Dover Development, 32400 Telegraph Road, Suite 205, Bingham Farms, Michigan 48025, dated January 6, 2000 re a drawing and description of the plant material to be installed on property located 33875 Capitol Court, was received and placed on file for the information of the Council (Petition 99-11-8-27) On a motion by Engebretson, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 1999, which transmits its resolution 12-223-99, adopted on December 14, 1999, with regard to Petition 99-11-8-27 submitted by Richard C Blumenstein, requesting site plan approval in connection with a proposal to construct an industrial building on property located at 33875 Capital Court in the Southeast 1/4 of Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby reschedule consideration of said Petition to the next regular City Council meeting to be held on January 26, 2000 Councilmembers Duggan and Engebretson withdrew their motion and support on their original motion to refer Petition 99-11-8-27 to the Committee of the Whole At the direction of the chair, Agenda Item #26 was rescheduled to the next Regular Meeting of the City Council to be held on January 26, 2000 Councilmember Pastor returned to the podium at 8 55 p m On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was #30-00 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 1999, which sets forth its resolution 10-175-99 adopted on October 19, 1999, with regard to Petition 99-9-1-14, submitted by Leland and Noel Bittinger for a change of 32055 zoning of property located between Fairfield and Brookfield Avenues, south of Five Mile Road, in the Northwest 1/4 of Section 22, from R-7 to RC, and the Council having conducted a public hearing with regard to this matter on December 20, 1999, pursuant to Council Resolution 775-99, the Council does hereby approve Petition 99-9-1-14 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #31-00 RESOLVED, that having considered a letter from the Department of Law, dated January 4, 2000, approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached underground easement (right-of-way) No RFW 220958, which would grant an easement to the Detroit Edison Company across the following described city-owned property (Greenmead) located in the northeast 1/4 of Section 6 Detroit Edison RFW No. 220958 Northeast 1/4 of Section 6, T 1 S , R. 9 E , exc W 737 0 ft thereof also exc the N 60 0 ft thereof also exc E 60 0 ft. thereof less portion des for post office pt of Northeast 1/4 of Section 6, T 1 S , R 9E comm at East 1/4 corner of Section 6, thence North 01D 43M 17S West along East line 100 0 feet; thence South 87D 38M 52S West 60 0 feet to the point of beginning, thence South 87D 38M 52S West 500 0 feet; thence North 01D 43M 17S West 346 0 feet; thence North 87D 38M 52S East 500 0 feet, thence South 01 D 43M 17S East 346 0 feet to the point of beginning 99 618 acres (Greenmead) Councilmember Engebretson congratulated Council President Brosnan for having done an outstanding job on her first evening as Council President. On a motion by Engebretson, seconded by Laura, and unanimously adopted, this 1408th Regular Meeting of the Council of the City of Livonia was adjourned at 9 03 p m , January 12, 2000 ?AZ n McCotter, City Clerk