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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-03-22 35612 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTY-SEVENTH REGULAR MEETING OF MARCH 22, 2006 4 dir On March 22, 2006, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Council Vice-President Knapp delivered the invocation Roll was called with the following result. Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor and James McCann Absent: None Elected and appointed officials present: Mayor Jack Engebretson, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney, Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Karen Kapchonick, Superintendent of Parks and Recreation, Robert Beckley, Director of Public Works, Brian Wilson, Assistant Superintendent of Public Works and Ian Wilshaw, Traffic and Cable Commissions On a motion by Knapp, seconded by Robinson and unanimously adopted, it was CR 116-06 RESOLVED, that the minutes of the 1,556th Regular Meeting of the Council held March 8, 2006 are hereby approved as submitted On a motion by Taylor, seconded by Knapp and unanimously adopted, it was CR 117-06 RESOLVED, that the minutes of the Special Meeting of the Council held March 13, 2006 are hereby approved as submitted On a motion by Meakin, seconded by Knapp, and unanimously Minutes of Regular Meeting of March 22, 2006 35613 adopted, it was CR 118-06 RESOLVED, that the subject matter of the Great West Retirement Services Annual Report and Plan Review for the period ending December 31, 2005, presented to the City of Livonia Employees Retirement System Board of Trustees Meeting on March 22, 2006, is referred to the Committee of the Whole for informational purposes On a motion by Meakin, seconded by Taylor, and unanimously adopted, it was CR 119-06 RESOLVED, that the subject matter of who has the authority to administer the Great West Defined Contribution Retirement Plan was referred to the Administration for a report and recommendation Councilmember Taylor wished Mayor Engebretson a "Happy Birthday", which he will celebrate on March 23 Council President McCann announced the following A Public Hearing for the following item will be held on Wednesday, May 3, 2006 at 7 00 P M in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI ITEM Petition 2006-01-06-01 submitted by the City Planning Commission, pursuant to Section 23 01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18 58 of Article XVIII and Section 19 03 of Article XIX of Ordinance #543, as amended, in order to establish new fees and increase existing fees charged for the review of Site Plans and Waiver Use petitions A Public Hearing for the following item will be held on Monday, April 10, 2006 at 7 00 P M in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI ITEM Petition 2006-02-02-03 submitted by Sundance, Inc , requesting waiver use approval to construct a full service restaurant (Taco Bell) with drive-up window facilities at 19055 Farmington Road, located on the west side of Farmington Road between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of Section 9 (Denied by the City Planning Commission on March 7, 2006) Minutes of Regular Meeting of March 22, 2006 35614 A Public Hearing for the following item will be held on Monday, April 17, 2006 at 7 00 P M in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI ITEM Emory J Fasano, General Manager of Michigan Dairy, LLC, 29601 Industrial Road, Livonia, MI 48150, requests approval of an Industrial Facilities Exemption Certificate for the facility located at 29601 Industrial Road, Livonia, MI (IDD #32) Council President McCann said "Hello" to Mrs Nowak's third grade class at Hull Elementary School where he read to the children last week during March Reading Month, and also to Kelsey McCrumb, his personal escort from the fifth grade at Hull Elementary He also apologized to Councilmember Laura for misquoting Roberts' Rule of Orders at the Council Study Meeting of March 13, 2006 A communication from Jennifer Kuszynski, Chairperson, Northwest Suburban Mothers of Multiples, dated March 14, 2006, re location of signs to be posted relative to a clothing sale at St. Matthew's United Methodist Church, was received and placed on file for the information of the Council (Agenda Item #1) On a motion by Taylor, seconded by Knapp, it was CR 120-06 RESOLVED, that having considered the letters from Jennifer Kuszynski, Chairperson, Northwest Suburban Mothers of Multiples, dated February 24, 2006, and March 14, 2006, respectively, which requests permission to display approximately 58 signs announcing the clothing sale at St. Matthew's United Methodist Church to be conducted on Saturday, April 8, 2006, which signs shall be approximately 14"x 22" in size and shall be displayed at various locations in the City of Livonia, no earlier than Saturday, April 1, 2006, and removed no later than Saturday, April 8, 2006, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 121-06 RESOLVED, that having considered a letter from Jodi Goodman, T H E Friends of Literacy, dated February 28, 2006, which requests permission to display signs to advertise their annual used book and media sale (Bookstock) at Laurel Park Place scheduled for Sunday, April 30, 2006 through Sunday, May 7, 2006, which signs shall be approximately 18" x 24" in size and shall be displayed at various locations in the City of Livonia no earlier than Friday, April 28, 2006, and removed no later than Monday, May 8, 2006, the Council Minutes of Regular Meeting of March 22, 2006 35615 does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 122-06 RESOLVED, that having considered a letter from Linda S Fry, representing Webster Elementary School, dated March 3, 2006, which requests permission to display signs to advertise their charity garage sale scheduled for Saturday, April 29, 2006, which signs shall be approximately 14" x 22" in size and shall be displayed at various locations in the City of Livonia no earlier than Sunday, April 23, 2006, and removed no later than Sunday, April 30, 2006, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 123-06 RESOLVED, that in connection with the subject of various groups requesting permission to display signs for special events, the Council does hereby refer this sign issue to the Director of Legislative Affairs for a report and recommendation CR 124-06 RESOLVED, that having considered a letter from Rosalie Giss, 33211 Fargo, dated February 21, 2006, which requests the installation of street lighting on Eight Mile Road, from Farmington Road west to Gill Road, the Council does hereby refer this item to the Engineering Division for its report and recommendation CR 125-06 RESOLVED, that having considered a letter from Rosalie Giss, 33211 Fargo, dated February 21, 2006, which requests the installation of street lighting on Eight Mile Road, from Farmington Road west to Gill Road, the Council does hereby refer the subject of crime statistics in this area to the Police Chief for a report and recommendation CR 126-06 RESOLVED, that having considered a communication from the Mayor, dated March 2, 2006, wherein he has requested approval of the reappointment of Steve King, 15517 Surrey, Livonia, Michigan 48154, to the Local Officers Compensation Commission for a seven-year term expiring April 2, 2013, pursuant to Section 2 48 020 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 determine to take no further action with regard to this matter CR 127-06 RESOLVED, that having considered a communication from the City Clerk, dated February 28, 2006, forwarding an application submitted by Heather E Reed, 15556 Hidden Lane, Livonia, Michigan Minutes of Regular Meeting of March 22, 2006 35616 48154, for a therapeutic massage permit and in accordance with Ordinance No 2687, effective December 12, 2004, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from Robert A. McCann, Division President, Detroit Region, Bright House Networks, received February 24, 2006, re the 2005 Annual Audit Report of Bright House Networks, was received and placed on file for the information of the Council CR 128-06 WHEREAS, pursuant to duly adopted ordinances (the "Ordinances"), this City Council has approved a tax increment finance and development plan and certain amendments thereto (said plan including the amendments thereto hereinafter referred to as the "Plan") for the Downtown Development Area ("Development Area") as proposed by the Plymouth Road Development Authority (the "DDA") pursuant to Act 197, Public Acts of Michigan, 1975, as amended ("Act 197"), and WHEREAS, in 1998 the City of Livonia (the "City") issued its 1998 Downtown Development Bonds (Limited Tax General Obligation) in an amount equal to $7,500,000 (the "Prior Bonds") secured primarily by a pledge of the tax increment revenues of the DDA, and WHEREAS, Act 197 and Act 34, Public Acts of Michigan, 2001, as amended ("Act 34") permit the City to refund and advance outstanding securities of the City; and WHEREAS, the City has received a proposal from Robert W Baird & Co Inc , (the "Underwriter") to refund all or part of the Prior Bonds maturing in the years 2009 through 2018, inclusive, and WHEREAS, it has been determined by this City Council that it is in the best interests of the City to refund all or part of the Prior Bonds maturing as described above, and that there be issued at this time refunding bonds in an aggregate principal amount not to exceed $5,000,000 (the "Bonds"), and 4 WHEREAS, the City has determined that, because of the issue size and the complexity of the financing, it will be most economical and efficient to sell the Bonds pursuant to a negotiated sale Minutes of Regular Meeting of March 22, 2006 35617 NOW, THEREFORE, BE IT RESOLVED THAT Bonds of the City shall be issued in the aggregate principal amount of not to exceed Five Million Dollars ($5,000,000), as finally determined upon sale thereof, to be designated DOWNTOWN DEVELOPMENT REFUNDING BONDS, SERIES 2006 (General Obligation Limited Tax) (the "Bonds"), for the purposes of paying the cost of refunding all or a portion of the Prior Bonds and issuance costs of the Bonds The Bonds shall consist of bonds registered as to principal and interest of the denomination of $5,000 or multiples of $5,000 not exceeding for each maturity the aggregate principal amount of such maturity, dated as of May 1, 2006, or such other date as determined by either the Finance Director, the Mayor or the City Clerk (the "Authorized Officers"), numbered as determined by the transfer agent, and maturing on May 1st in the years 2007 to 2018, inclusive, or such other dates and/or years as shall be determined at the time of sale and in the amounts as determined by any of the Authorized Officers The Bonds shall bear interest at a rate or rates to be determined on negotiated sale thereof, but in any event not exceeding 7% per annum, payable on November 1, 2006, and semi-annually thereafter on May 1st and November 1st of each year, or such other interest payment dates as determined by any of the Authorized Officers Interest on the Bonds shall be payable by J P Morgan Trust Company, National Association, Detroit, Michigan as registrar and transfer agent for the Bonds (the Transfer Agent"), mailed to the registered owner of record at the registered address, as shown on the registration books of the City maintained by the Transfer Agent as of the fifteenth day of the month prior to the payment date for each interest payment. The date of determination of registered owner for purposes of payment of interest as provided in this paragraph may be changed by the City to conform to market practice in the future The principal of the Bonds shall be payable at the Transfer Agent upon presentation and surrender of the appropriate Bond The Bonds shall be subject to redemption prior to maturity in the manner and at the time and prices as set forth in the Bond Purchase Agreement (as defined herein) to be entered into with the Underwriter The Bonds shall be issued in book entry only form through the Depository Trust Company in New York, New York ("DTC") and the Authorized Officers are each authorized to execute such custodial or other agreements with DTC as may be necessary to accomplish the issuance of the Bonds in book entry only form and to make such change in the Bond Form within the parameters of this Resolution as may be required to accomplish the foregoing Unless waived by any registered owner of Bonds to be redeemed, official notice of redemption shall be given by the Transfer Agent on behalf of the Minutes of Regular Meeting of March 22, 2006 35618 City Such notice shall be dated and shall contain at a minimum the following information original issue date, maturity dates, interest rates, CUSIP numbers, if any; certificate numbers (and in the case of partial redemption) the called amounts of each certificate, the redemption date, the redemption price or premium, the place where Bonds called for redemption are to be surrendered for payment; and that interest on Bonds or portions thereof called for redemption shall cease to accrue from and after the redemption date In addition, further notice shall be given by the Transfer Agent in such manner as may be required or suggested by regulations or market practice at the applicable time, but no defect in such further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed herein The Bonds shall be signed by the facsimile signatures of the Mayor, the City Clerk and the Treasurer of the City and shall have the facsimile seal of the City printed on the Bonds No Bond shall be valid until authenticated by an authorized representative of the Transfer Agent. The Bonds shall be delivered to the Transfer Agent for authentication and be delivered by it to the purchaser in accordance with instructions from the Finance Director of the City upon payment of the purchase price for the Bonds in accordance with the bid therefor when accepted Executed blank certificates for registration and issuance to transferees shall simultaneously, and from time to time thereafter as necessary, be delivered to the Transfer Agent for safekeeping 2 The Bonds shall be issued in anticipation of and payable in the first instance from payments required to be made by the DDA from tax increment revenues (the "Tax Increment Revenue Payments") pursuant to the Plan which Tax Increment Revenue Payments are anticipated to be in amounts sufficient to pay principal of and interest on the Bonds and the Obligations In addition, the City hereby pledges its full faith and credit for the prompt payment of the Bonds Should the Tax Increment Revenue Payments at any time be insufficient to pay principal of and interest on the Bonds as the same become due, then the City shall advance as a first budget obligation from any funds legally available therefor, or, if necessary, levy taxes upon all taxable property in the City subject to applicable charter, constitutional and statutory limitations, such sums as may be necessary to pay said principal and interest. The City shall be reimbursed for any such advance by the DDA from tax increment revenues of the DDA The Finance Director is authorized and directed to open a separate fund with a bank or trust company designated by the Finance Director to be known as 2006 DOWNTOWN DEVELOPMENT REFUNDING BONDS DEBT RETIREMENT FUND (the "Debt Retirement Fund"), the moneys to be deposited into the Debt Retirement Fund to be specifically earmarked and used solely for the purpose of paying principal of and interest on the Bonds as they mature Into said fund there shall be Minutes of Regular Meeting of March 22, 2006 35619 placed the accrued interest and premium, if any, received at the time of delivery of the Bonds In addition, there shall be paid into the fund the Tax Increment Revenue Payments as received from the DDA each year until the amount on hand in the Debt Retirement Fund, together with any amounts on hand in the Debt Retirement Fund available for payment of current principal and interest on the Bonds, is equal to all payments of principal and interest coming due on the Bonds prior to the next collection of taxes The City reserves the right to issue additional bonds of equal standing and priority of lien with the Bonds to the Tax Increment Revenue Payments from the DDA, subject to the limitations of Act 197 3 There is hereby established with the Escrow Agent a fund to be designated as "City of Livonia Escrow Fund" (the "Escrow Fund") Certain of the proceeds of the Series 2006 Bonds and, if deemed necessary or advisable by the Issuer, moneys on hand in the outstanding Bond Reserve Account, as set forth in the Sales Order (as defined herein), shall be deposited in the Escrow Fund consisting of cash and investments in direct obligations of or obligations of the principal of and interest on which are unconditionally guaranteed by the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing not redeemable at the option of the Issuer in amounts fully sufficient to pay the principal, interest and redemption premium, if any, on the Refunded Bonds, which are to be refunded hereunder and shall be used only for such purposes together with all costs of issuance of the Series 2006 Bonds, including legal and other expenses incident thereto and to the financing thereof including bond insurance premiums The Escrow Fund shall be held by the Escrow Agent pursuant to an escrow agreement (the "Escrow Agreement") which shall irrevocably direct the Escrow Agent to take all necessary steps to pay the principal of and interest on the Refunded Bonds when due and to call the Refunded Bonds for redemption on the first call date, as specified by the Issuer The amounts held in the Escrow Fund shall be such that the cash and investments and income received thereon will be sufficient without reinvestment to pay the principal, interest and redemption premiums, if any, on the Refunded Bonds when due at maturity or by call for redemption as required by the Sales Order Any proceeds in excess of the proceeds deposited in the Escrow Fund or required to pay costs of issuance shall be deposited in the Redemption Account and used to pay interest on the Bonds on the next available interest payment date The Mayor, City Clerk and the Finance Director of the Issuer are each authorized to negotiate an Escrow Agreement on behalf of the Issuer 4 The Bonds shall be in substantially the following form with such changes as may be required to conform to the final terms of the Bonds established by the Sales Order Minutes of Regular Meeting of March 22, 2006 35620 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA DOWNTOWN DEVELOPMENT REFUNDING BOND, SERIES 2006 (GENERAL OBLIGATION LIMITED TAX) Date of Interest Rate Maturity Date Original Issue CUSIP May 1, , 2006 Registered Owner Principal Amount. Dollars The City of Livonia, County of Wayne, State of Michigan (the "City"), acknowledges itself to owe and for value received hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above, in lawful money of the United States of America, on the Maturity Date specified above, unless prepaid prior thereto as hereinafter provided, with interest thereon until paid from the Date of Original Issue specified above or such later date to which interest has been paid, at the Interest Raue pdr annum specified above, payable on November 1, 2006 and semiannually thereafter Principal of this bond is payable upon presentation and surrender of this bond at the corporate trust office of J P Morgan Trust Company, National Association, Detroit, Michigan, or such other transfer agent as the City may hereafter designate (the "Transfer Agent") by notice mailed to the registered owner not less than sixty (60) days prior to an interest payment date Interest on this bond is payable to the person or entity which is the registered owner of record as of the 15th day of the month preceding the interest payment date as shown on the registration books of the City kept by the Transfer Agent, by check or draft mailed by the Transfer Agent to the registered owner of record at the registered address Principal of and interest on this bond are payable in the first instance from tax increment revenue payments (the "Payments") received by the City from the Plymouth Road Development Authority (the "Authority") In addition, for prompt payment of this bond, both principal and interest, the full faith, credit and resources of the City are hereby irrevocably pledged In case of insufficiency of the Payments for the payment of the principal of and interest on this bond, the City is obligated to pay the same as a first budget obligation from its legally available funds or from any taxes which it may levy within applicable constitutional, charter and statutory tax limitations Minutes of Regular Meeting of March 22, 2006 35621 This bond is one of a series of bonds aggregating the principal sum of $ , issued pursuant to Act 197, Public Acts of Michigan, 1975, as amended, and a resolution duly adopted by the City Council of the City for the purpose of paying all or part of the cost of refunding a portion of the City's Downtown Development Bonds, Series 1998 (Limited Tax General Obligation) The City has reserved the right to issue additional bonds of equal standing and priority with the bonds of this issue and other outstanding bonds of the City as to the Payments received from the Authority Bonds of this issue maturing in the years to , inclusive, are not subject to redemption prior to maturity Bonds or portions of bonds in multiples of $5,000 of this issue maturing in the years and thereafter shall be subject to redemption, at the option of the City, in such order as the City shall determine and within any maturity by lot, on any date on or after , at par and accrued interest to the date fixed for redemption In case less than the full amount of an outstanding bond is called for redemption the Transfer Agent upon presentation of the bond called in part for redemption shall register, authenticate and deliver to the registered owner a new bond in the principal amount of the portion of the original bond not called for redemption Notice of redemption shall be given to the registered owners of bonds to be redeemed by mailing of such notice not less than thirty (30) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the City Bonds shall be called for redemption in multiples of $5,000 and bonds in denominations of more than $5,000 shall be treated as representing the number of bonds obtained by dividing the denomination of the bond by $5,000, and such bonds may be redeemed in part. No further interest on bonds called for redemption shall accrue after the date fixed for redemption, whether presented for redemption or not, provided the City has money available for such redemption This bond is transferable only upon the registration books of the City kept by the Transfer Agent by the registered owner of record in person, or by the registered owner's attorney duly authorized in writing Upon the surrender of this bond together with a written instrument of transfer satisfactory to the Transfer Agent duly executed by the registered owner or the registered owner's attorney duly authorized in writing and upon the payment of the charges, if any, prescribed in the resolution authorizing this bond, a new registered bond or bonds in the same aggregate principal amount and of the same maturity shall be issued to the transferee in exchange therefor as provided in the resolution authorizing this bond Neither the City nor the Transfer Agent shall be required to transfer or exchange this bond or portion of this bond either during the period of fifteen (15) days immediately preceding the date of the mailing of any notice of redemption or (except as to the unredeemed portion, if any, Minutes of Regular Meeting of March 22, 2006 35622 of this bond) after this bond or any portion of this bond has been selected for redemption This bond is payable out of the Debt Retirement Fund of the City for this issue, and it is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed in regular and due form and time as required by law, and that the total indebtedness of the City, including this bond, does not exceed any constitutional, charter or statutory debt limitation This bond is not valid or obligatory for any purpose until the Transfer Agent's Certificate of Authentication on this bond has been executed by the Transfer Agent. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this bond to be signed in the name of the City by the facsimile signatures of its Mayor, Clerk and Treasurer and a facsimile of its corporate seal to be printed hereon, all as of the Date of Original Issue City of Livonia County of Wayne State of Michigan By- Its Mayor (SEAL) Countersigned City Clerk City Treasurer Minutes of Regular Meeting of March 22, 2006 35623 [FORM OF TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION] Date of Registration Certificate of Authentication This bond is one of the bonds described in the within- mentioned resolution J P Morgan Trust Company, National Association Detroit, Michigan Transfer Agent By Authorized Signature 5 The Mayor, City Clerk and Finance Director are each hereby authorized to negotiate a Bond Purchase Agreement with the Underwriter finalizing the details of the Bonds within the authorized parameters of this Resolution and the Mayor, Finance Director, City Clerk, City Attorney and Treasurer are each authorized to do all other acts and take all other necessary procedures required to effectuate the sale, issuance and delivery of the Bonds, including, but not limited to executing a Sales Order (the "Sales Order") selling the Bonds to the Underwriter and approving the Bond Purchase Agreement, the Escrow Agreement and further exercising the authority and making the determinations pursuant to Section 315(1)(d) of Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"), including interest rates, prices, discounts, maturities, principal amounts, denominations, dates of issuance, interest payment dates, redemption rights and other matters for the Bonds within the parameters established by this Resolution 6 The Issuer hereby designates the Bonds as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code of 1986, as amended (the "Code") 7 The Issuer shall, to the extent permitted by law, take all actions within its control necessary to maintain the exclusion of the interest on each issue of the Bonds from gross income for federal income tax purposes under the Code, including, but not limited to, actions relating to any required rebate of arbitrage earnings and the expenditures and investment of Bond proceeds and moneys deemed to be Bond proceeds Minutes of Regular Meeting of March 22, 2006 35624 8 The City covenants it shall comply with the requirements of Rule 15c2-12 of the Securities and Exchange Commission ("SEC") regarding continuing disclosure and agrees to file a Continuing Disclosure Undertaking as shall be approved by the Finance Director 9 The Mayor, City Clerk, Finance Director, City Attorney and Treasurer are each authorized and directed to (a) approve the circulation of a preliminary official statement describing the Bonds and to deem the preliminary official statement "final" for purposes of Rule 15c2-12 of the SEC, (b) solicit bids for and approve the purchase of a municipal bond insurance policy for the Bonds, and (c) do all other acts and take all other necessary procedures required to effectuate the sale, issuance and delivery of the Bonds 10 The City Council has considered the option of selling the Bonds through a competitive sale and a negotiated sale, and, pursuant to the requirements of Act 34, hereby determines that a negotiated sale of the Bonds will result in the most efficient and expeditious means of selling the Bonds and will result in the lowest interest cost to the City and hereby approves the Underwriter as the purchaser of the bonds 11 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded The 2005 Annual Report of the Plymouth Road Development Authority, submitted by Michael T Slater, Treasurer, dated March 1, 2006, pursuant to Public Act 197 of 1975, was received and placed on file for the information of the Council CR 129-06 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 6, 2006, approved for submission by the Mayor, to which is attached recommended final budget adjustments required for the Fiscal Year 2005 budget, the Council does hereby authorize said budget adjustments and transfers in the manner and form set forth in the attachment. CR 130-06 RESOLVED, that having considered a communication from the Chief of Police, dated March 2, 2006, which bears the signatures of the Director of Finance and the Director of Public Safety, and is approved for submission by the Mayor, to which is attached a proposed Intergovernmental Agreement between the City of Livonia and the County of Wayne, the Council hereby authorizes participation in the Edward Byrne Memorial Justice Assistance Grant (JAG) Program and does, for and on behalf of the City of Livonia, accept the 2005 Edward Byrne Memorial Justice Assistance Grant in the amount Minutes of Regular Meeting of March 22, 2006 35625 of $15,787 00, to be used to purchase hardware for the Mobile and Stationary Information System Project, the same to be deposited in Account No 223-660-558-081 (Revenue Account) and appropriated for its intended purposes, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted CR 131-06 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 2, 2006, 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 bids of the following companies for supplying the Parks and Recreation Department with clothing for the 2006 fiscal year as indicated on the attachment to the aforesaid communication, the same having been the lowest bid submitted for each item listed and meets all specifications 1 Monroe Sports Varsity Athletic, 1307 W Seventh Street, Monroe, Michigan 48161 Item No. ze Amount 1 Si Ad M-XL $2 60 7 Ad S-XL 2 50 10 Yth M-L 2 60 Ad S-XL 2 60 Ad 2XL 3 60 2 Kelgraphics, 110W River, Cadillac, Michigan 49601 Item No. Size Amount 2 Ad M-XL $8 75 3 Yth M-L 2 60 Ad S-M 2 60 8 Yth S-M 2 55 Ad S-L 2 55 14 Ad S-XL 4 15 Ad 2XL 4 90 16 Ad S-XL 10 00 Ad 2XL 12 00 3 MacKellar Associates, Inc , 1573 S Telegraph, Bloomfield Hills, Michigan 48302 Minutes of Regular Meeting of March 22, 2006 35626 Item No. Size Amount 4 Ad S-XL $1 85 9 Ad M-XL 8 05 Ad 2XL 9 80 17 Yth M-L 5 00 Ad 2XL 6 00 18A Yth M-L 2 10 Ad S-M 2 20 18B Ad S-XL 2 55 19 & 20 Ad L-XL 16 35 4 Screened Images Inc , 42020 Kopernick Road, Suite 205, Canton, Michigan 48187 Item No. Size Amount 5 Ad M-XL $8 50 Ad 2XL 10 15 6 Ad S-XL 2 70 Ad2XL 270 13 Ad S-XL 2 10 Ad 2XL 2 10 Ad 3XL 2 10 5 The Embroidery Shoppe LLC, 39017 Cherry Hill, Westland, Michigan 48186 Item No. Item Amount 11 Caps $2 50 6 American Silkscreen & Embroidery, 24601 Hallwood Ct., Farmington Hills, Michigan 48335 Item No. Size Amount 12 Ad S-XL 5 20 Ad 2XL 6 70 Ad 3XL 6 80 15 Ad S-XL 6 56 Ad 2XL 7 96 FURTHER, the Council does hereby authorize such purchases from funds already budgeted in the Department of Parks and Recreation and Community Center Accounts for this purpose Minutes of Regular Meeting of March 22, 2006 35627 CR 132-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 2, 2006, 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 All-Pro, 24166 Haggerty Road, Farmington Hills, Michigan 48335, for supplying the Department of Parks and Recreation (Community Recreation Center) with five treadmills (Model Precor C956i) in the amount of $23,475 00, less trade-in of $2,875 00 for a total amount of $20,600 00, six ellipticals or cross trainers (Model Precor C544) in the amount of $20,640 00, less trade-in of $5,100 00 for a total amount of $15,540 00, three recumbent cycles (Model Precor C846ir) in the amount of $6,150 00 less trade-in of $1,275 00 for a total amount of $4,875 00, and two upright bikes (Model Precor C846iu) in the amount of $3,650 00, less trade-in of $450 00 for a total amount of $3,200 00, the same having been in fact the lowest bid received which meet all specifications, FURTHER, the Council does hereby authorize the expenditure of the total sum of $44,215 00 from funds already budgeted in Account No 208-755-971-000 for this purpose CR 133-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 2, 2006, 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 Days Vending, 31530 Grennada, Livonia, Michigan 48154, to supply the Parks and Recreation Department with Snack Vending Service at the Livonia Community Recreation Center for a three-year term commencing on May 1, 2006 through April 30, 2009, with Days Vending to pay the City 40% of their revenue from such vending machines, and to include a twenty minute repair response time, the same having been the most advantageous bid received by the City for this item, and the Mayor and City Clerk are hereby authorized to execute an agreement for and on behalf of the City of Livonia with the aforesaid bidder, subject to approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution CR 134-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated February 22, 2006, 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, 2006, through April 30, 2007 Minutes of Regular Meeting of March 22, 2006 35628 1 Nagle Paving Company, 39525 13 Mile Road, Novi, Michigan 48377 12 WM Asphaltic Concrete $39 00 per ton 1100 Asphaltic Concrete 33 75 per ton 20 Wearing Fine (Driveway Top) 36 50 per ton 31 M Wearing 39 00 per ton 2 Aiax Materials Corporation, 830 Kids Boulevard, Suite 100, Troy, Michigan 48084 Cold Patch Asphaltic Material (Pave 192), delivered $57 60 per ton 3 Saginaw Asphalt Paving Company, 2981 Carrollton Road, Saginaw, Michigan 48604 Cold Patch Material (U P M or Q P R ), delivered $66 05 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, 2006, through April 30, 2007 1 Ajax Materials Corporation, 830 Kilts Boulevard, Suite 100, Troy, Michigan 48084 12 WM Asphaltic Concrete $40 00 per ton 1100 Asphaltic Concrete 35 00 per ton 31 M Wearing 40 00 per ton 2 Barrett Paving Materials, Inc., 13501 South Huron River Drive, Romulus, Michigan 48174 20 Wearing Fine (Driveway Top) $36 00 per ton Cold Patch Asphaltic Material (Pave 192), delivered $63 20 per ton Cold Patch Material (U P M or Q P R.), delivered $86 20 per ton Minutes of Regular Meeting of March 22, 2006 35629 FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Roads Maintenance) for this purpose CR 135-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 1, 2006, 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 2006 Lane Line Marking Program (Contract 06-H) for the estimated total cost of $63,341 50, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest and only bid received and meets specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $63,341 50 from funds already budgeted in Account No 202-463-818-118 (Contractual Services Lane Line Marking) 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, 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor And McCann NAYS None On a motion by Robinson, seconded by Laura, and unanimously adopted, it was CR 136-06 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 27, 2006, submitted pursuant to Council Resolution 69-04, in connection with the subject matter of the Legislative Consultants, the Council does hereby approve the proposed Agreement between the City of Livonia and Karoub Associates, 121 West Allegan Street, Lansing, Michigan 48933, to act as the City's Legislative Consultant for the period January 1, 2006 through December 31 , 2006 for an annual fee of $24,000 00, including all expenses, and the Mayor and City Clerk are Minutes of Regular Meeting of March 22, 2006 35630 hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said Agreement, subject to approval as to form by the Department of Law; FURTHER, the amount of $24,000 00 is hereby authorized to be expended from funds already budgeted in Account No 101-277-838-000 for this purpose On a motion by Robinson, seconded by Taylor, and unanimously adopted, it was CR 137-06 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 27, 2006, submitted pursuant to Council Resolution 427-04, in connection with review of any and all ordinances pertaining to the maintenance of swimming pools, the Council does hereby refer the subject of the preparation of appropriate amendments to Title 15, Chapter 40 (Swimming Pools) and/or Title 8, Chapter 24 (Nuisances) of the Livonia Code of Ordinances, as amended, to the Administration in order to add language that would require pools to be properly maintained On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was CR 138-06 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 27, 2006, submitted pursuant to Council Resolution 214-04, in connection with the subject of composting, the Council does hereby determine to take no further action with regard to this matter On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 139-06 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated March 7, 2006, submitted pursuant to Council Resolution 82-06, in connection with the subject of proactively creating industrial development districts on a larger scale for vacant buildings within the City and the possible creation of six (6) Industrial Development Section-Overlay Districts for Sections 25, 26, 27, 28, 29 and 30, the Council does hereby refer this subject to the Department of Law for its report and recommendation on various questions in connection therewith, including (1) whether the City needs to provide a tax abatement if a district is created, (2) notice requirements to property Minutes of Regular Meeting of March 22, 2006 35631 owners in the (proposed) district, (3) potential use of sunset dates on districts, (4) whether successive public hearings could be held to (a) create the district and then (b) grant a certificate, and, (5) whether the level of tax exemption certificates could be limited by contract. A communication from the Department of Community Resources, dated March 7, 2006, re the local bus transportation system for the City of Livonia, was received and placed on file for the information of the Council (CR 917-98) A communication from the Department of Parks and Recreation, dated March 2, 2006, re their recommendation to purchase 3 John Deere TH Series 6x4 Gas Gators for the golf courses, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Robinson, and unanimously adopted, it was CR 140-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 2, 2006, 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 John Deere Company, 2000 Deere Run, Cary, North Carolina 27513, (with the servicing dealer being Weingartz, 39050 Grand River Avenue, Farmington Hills, Michigan 48335), for supplying the Department of Parks and Recreation (Golf Courses) with three (3) John Deere TH Series 6x4 Gators for a total price of $18,752 13 without trade-ins, FURTHER, the amount of $6,250 71 (each) is hereby authorized to be expended from funds already budgeted in Account Nos 508-140-686 (Whispering Willows), 508-140-687 (Idyl Wyld) and 508-140-688 (Fox Creek) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract Agreement No 07180000446) 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, FURTHER, the Council does hereby refer the subject of the possibility of using old Gators instead of trading them in for credit to the Administration for its report and recommendation On a motion by Godfroid-Marecki, seconded by Mea kin, and Minutes of Regular Meeting of March 22, 2006 35632 unanimously adopted, it was CR 141-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant Superintendent of Public Service, dated February 27, 2006, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, in connection with the 2006 Household Hazardous Waste Collection Program that will allow the City of Livonia and Northville/Northville Township to conduct joint collection events for their residents, the Council does hereby determine as follows • To authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract with The Environmental Quality Company, 1010 Rawsonville, Ypsilanti, Michigan 48198, to provide services for the 2006 Household Hazardous Waste Collection Program, the Livonia event being held on May 6, 2006 at Ford Field, in an amount not to exceed $75,000 00 from funds already budgeted in Account No 205-527-818-035 (Municipal Refuse Fund) for this purpose, • To waive the formal bidding process in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, since no advantage to the City would result from competitive bidding, and • To authorize payment to the City of Northville, 215 West Main Street, Northville, Michigan 48167-1540, in an amount not to exceed $30,000 00 for Livonia residents' use of the Northville/Northville Township Household Hazardous Waste Drop- Off event (date to be determined), from funds already budgeted in Account No 205-527-818-035 (Municipal Refuse Fund), based upon the price of $31 00 per vehicle for Livonia residents using the Northville site Brian Wilson, Assistant Superintendent of Public Service, was present to answer questions of the Council On a motion by Taylor, seconded by Robinson, and unanimously adopted, it was CR 142-06 RESOLVED, that having considered a communication from the City Planning Commission, dated February 16, 2006, which transmits its resolution 02-19-2006 adopted on February 14, 2006, with regard to Petition 2006-01-08-03 submitted by Consumers Energy Minutes of Regular Meeting of March 22, 2006 35633 Company, requesting site plan approval in connection with a proposal to demolish and reconstruct a public utility city gate on property located at 11966 and 11926 Newburgh Road, on the east side of Newburgh Road, between Plymouth Road and Amrhein Road in the Southwest 1/4 of Section 29, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-01-08-03 is hereby approved and granted, subject to the following conditions 1 That the Site and Landscape Plan marked Sheet 57 dated January 11, 2006, as revised, prepared by SSOE, is hereby approved and shall be adhered to, with the exception that windows shall be placed on the west elevation with the approval of the Inspection and Planning Departments, 2 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 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 Plan marked Sheet 56 dated January 3, 2006, as revised, prepared by SSOE, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face 4 inch brick, and 7 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 8 That the plan shall include false windows on the west elevation Jeremy Willett, representative from Consumers Energy Company, verbally agreed to add false windows to the west side of the building Minutes of Regular Meeting of March 22, 2006 35634 A communication from the Department of Parks and Recreation, dated March 2, 2006, re Devon-Aire Ice Arena improvements by the Livonia Hockey Association, was received and placed on file for the information of the Council A note indicating that the Fire Marshall verbally stated on March 20, 2006 that the Fire Department has no objection to the proposed improvements at Devon-Aire Ice Arena, was received and placed on file for the information of the Council A communication from Daniel G Fredendall, Director, Livonia Hockey Association, dated March 17, 2006, re forwarding plans and brick samples relative to the proposed improvements to Devon-Aire Ice Arena by the Livonia Hockey Association, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 143-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 2, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a resolution adopted by the Parks and Recreation Commission on January 9, 2006, wherein the Commission recommends approval of the proposal by the Livonia Hockey Association to finance a locker room expansion at the Devon-Aire Ice Arena, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and does hereby approve this proposal subject to submission of final plans to the City Administration for approval, FURTHER, the Council does hereby deny the request of the LHA that the inspection and permit fees be waived in conjunction with this locker room expansion work, per past practice involving City-owned property Separate Lease Agreements for Eddie Edgar Arena and Devon-Aire Arena between the City of Livonia and the Livonia Hockey Association were received and placed on file for the information of the Council Minutes of Regular Meeting of March 22, 2006 35635 A communication from the Department of Parks and Recreation, dated March 20, 2006, re a report of the Figure Skating Program in Livonia, was received and placed on file for the information of the Council On a motion by Godfroid-Marecki, seconded by Taylor, and unanimously adopted, it was CR 144-06 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 6, 2006, approved for submission by the Mayor, to which is attached a proposed Sublease Agreement for Devon-Aire Ice Arena between the City of Livonia and the Livonia Hockey Association, for a period of five years commencing July 1, 2006, with an option to renew for an additional five (5) years if the tenant is not in default, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreement, subject to approval as to form by of the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was CR 145-06 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 6, 2006, approved for submission by the Mayor, to which is attached a proposed Sublease Agreement for Eddie Edgar Ice Arena between the City of Livonia and the Livonia Hockey Association, for a period of five years commencing July 1, 2006, with an option to renew for an additional five (5) years if the tenant is not in default, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreement, subject to approval as to form by of the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution On a motion by Robinson, seconded by Taylor, and unanimously adopted, it was CR 146-06 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 6, 2006, approved for submission by the Mayor, to which is attached the proposed Sublease Agreements for Devon-Aire and Eddie Edgar Ice Minutes of Regular Meeting of March 22, 2006 35636 Arenas between the City of Livonia and the Livonia Hockey Association, for a period of five years commencing July 1, 2006, with an option to renew for an additional five (5) years if the tenant is not in default, the Council does hereby refer the subject of the Figure Skating Program, and a new Figure Skating Club, to the Administration for its report and recommendation Karen Kapchonick, Superintendent of Parks and Recreation, gave a history of the Figure Skating Program in Livonia, and answered questions of the Council Mr Church, 37117 Vargo, spoke to the Council and announced that Livonia residents are interested in forming a figure skating club Cheryl McCracken, 29620 Six Mile Road, spoke to Council regarding the need for more equality for figure skaters in Livonia Victoria Church, 37117 Vargo, spoke to Council regarding equal treatment for figure skaters in Livonia Valerie Church, 37117 Vargo, spoke to Council and mentioned that Livonia should feature an annual competition like the one in Farmington Hills Lindsey McCracken, 29620 Six Mile Road, spoke to Council regarding the need for figure skaters in Livonia to have more ice time Gary Gutsy, 14407 Merriman, spoke in support of the Livonia Hockey Association A communication from the Engineering Division, dated March 15, 2006, re the paving and sidewalk installation for the Sidewalk Single Lot Assessment Project on Seven Mile Road between Middlebelt and Farmington Roads, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 147-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 13, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the Minutes of Regular Meeting of March 22, 2006 35637 proposed installation of sidewalks on Seven Mile Road, between Middlebelt and Farmington Roads at the following locations Parcels of property and assessment, as outlined in the Engineering Division's letter dated February 13, 2006, is included herein by reference and a public hearing having been held thereon on March 6, 2006, the Council does hereby require the respective owners of lots and premises referred to above to construct and install sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12 04 340 of Title 12, Chapter 04 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalks on or before June 15, 2006, after which date the Engineering Department shall arrange for the construction of the said sidewalks in accordance with Section 12 04 350 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby appropriate and authorize an advance in the amount of $63,098 43 from the General Obligation Road Bond Issue for this purpose with the provision that this bond issue be reimbursed at such time as funds are available from that portion of the project which is to be financed by single lot assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $87,644 46 from the General Obligation Road Bond Issue for the City's portion of the cost of said improvement, and the City Engineer is hereby authorized to do all other things necessary or incidental to the full performance of this resolution On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was CR 148-06 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 412, more particularly described in Council Resolution 53-06 adopted on January 30, 2006, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Cross Winds Estates Subdivision, located on the west side of Minutes of Regular Meeting of March 22, 2006 35638 Farmington Road between Seven Mile Road and Norfolk Avenue in the Northeast 1/4 of Section 4 in said Special Assessment District No 412, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100 watt high pressure sodium lights on 14 foot high colonial post top poles and that the assessments set forth in said Special Assessment District No 412 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 412 based on installation of 100 watt high pressure sodium lights on 14 foot high colonial post top poles is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose, and further, a sum not to exceed $4,603 47 is hereby authorized to be expended from the cash payments posted by or collected from the developer of the Cross Winds Estates Subdivision in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 149-06 RESOLVED, that having considered a communication from the Department of Law, dated March 13, 2006, 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, Larry and Joyce Skeels v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None The President declared the resolution duly adopted Minutes of Regular Meeting of March 22, 2006 35639 On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 150-06 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda A communication from the Department of Public Works, dated March 16, 2006, re request for referral to a Council Committee for the Water System Repair and Improvement Program, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 151-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 16, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with the selection of a consultant to complete all engineering services for the preparation of plans and specifications, construction inspection and administration for the proposed Water System Repair and Improvement Program, the Council does hereby refer this item to the Water, Sewer and Waste Committee for its report and recommendation On a motion by Robinson, seconded by Knapp, and unanimously adopted, this 1 Regular Meeting of the Council of the City of Livonia was adjourned at 9 04 p m , March 22, 2006 Val Vandersloot, City Clerk