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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-10-24 33245 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTY-FIRST REGULAR MEETING OF OCTOBER 24, 2001 On October 24, 2001, 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 Engebretson delivered the invocation Roll was called with the following result. Jack Engebretson, Val I Vandersloot, John Walsh, John Pastor, Brian Duggan, Joe Laura, and Maureen Miller Brosnan Absent: None Elected and appointed officials present: Robert Beckley, Director of Public Works, Robert Schron, City Engineer; Al Nowak, Planner IV, Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Michael Slater, Director of Finance, Mary Rutan, Human Resources Director; Barbara Lewis, City Librarian, Ron Reinke, Superintendent of Parks and Recreation, Karen Szymula, Director of Legislative Affairs, and Ian Wilshaw, Traffic Commission On a motion by Pastor, seconded by Walsh, and unanimously adopted, it was CR 652-01 RESOLVED, that the minutes of the 1,450th Regular Meeting of the Council held October 10, 2001 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember Engebretson announced that Mayor Kirksey is in Washington, D C to attend an Emergency Cabinet Level Summit Meeting for Mayors regarding public safety and anti- terrorism Councilmember Pastor announced that Livonia's Holiday Parade will be held on Saturday, November 17, 2001, and encouraged civic groups to participate Reservations for this event can be obtained either through the Observer newspaper or at the Department of Parks and Recreation Councilmember Engebretson wished his wife a Happy 45th Anniversary 33246 Councilmember Vandersloot announced the arrival of a new dog, Brittany, at her house on Saturday at 4 00 p m , and stated that City Clerk Joan McCotter was checking to see if she had purchased a dog license at 6 00 p m that same night. A communication from the Department of Law, dated October 5, 2001, re William and Sandra Bowman v City of Livonia and its Zoning Board of Appeals, Wayne County Circuit Court Case No 01-11332-AA, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Vandersloot, it was CR 653-01 RESOLVED, that having considered a letter from Teresa A. Hearn, Chairperson of the Frost Middle School Holiday Craft Show, dated September 11, 2001, which requests permission to display signs announcing the craft show to be conducted on Saturday, November 3, 2001, which consist of 63 signs approximately 22"x 28" in size and which will be displayed at all major intersections of the City no earlier than Sunday, October 28, 2001, and removed no later than Sunday, November 4, 2001, and two signs measuring approximately 62" x 31" to be placed at the corners of Farmington and Lyndon and Stark and Schoolcraft no earlier than Sunday, October 28, 2001 and removed no later than Sunday, November 4, 2001, the Council does hereby grant and approve this request in the manner and form herein submitted CR 654-01 RESOLVED, that having considered a letter from H John Allie, Partner, Allie Investment Co , 20295 Middlebelt, Livonia, Michigan 48152, dated September 5, 2001, requesting the City to consider a special assessment district to install a sanitary sewer on Fremont Street, south of Norfolk to the dead-end, the Council does hereby refer this item to the study meeting of November 26, 2001 A communication from the Traffic Commission, dated September 19, 2001, - Administrative Response - re the matter of installing "No Parking" signage, and a study for "Stop" signs and Speed Limit signs in the general neighborhood on the west side of Henry Ruff Road between Lyndon Avenue and Five Mile Road, was received and placed on file for the information of the Council (CR 178-01) CR 655-01 RESOLVED, that having considered the report and 411r. recommendation of the Fire Chief, dated September 28, 2001, which 33247 bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of seven (7) Xplore mobile units with additional computer accessories for the Division of Fire from Capstone Consulting, Inc., 201 Spring Street, St. Johns, Michigan 48879, in the amount of $53,939 00, FURTHER, the Council does hereby approve the expenditure of $53,939 00 from the Capital Outlay-Other Equip Account #101-338-987- 000 for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D4 of the Livonia Code of Ordinances, as amended CR 656-01 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 2, 2001, which bears the signature of the Director of Finance, is approved by the City Attorney and approved for submission by the Mayor, and to which is attached a proposed Fiscal Year 2002 Municipal Credit and Community Credit Contract between the City of Livonia and SMART, the Council does hereby authorize the Mayor and City Clerk to execute the Municipal Credit and Community Credit Contract for and on behalf of the City of Livonia for Fiscal Year 2002 and to do all other things necessary or incidental to the full performance of this resolution CR 657-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 28, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of LTCPS/Play Environments, Inc , 563 College Avenue, Holland, Michigan 49423, for supplying the Department of Parks and Recreation with playground equipment for Bicentennial and Quakertown Parks, for the total amount of $80,000,00, the same having been in fact the lowest bid submitted for these parks and meets all specifications, FURTHER, the Council does hereby accept the bid of Engan-Tooley- Doyle & Associates, Inc., P 0 Box 829, Okemos, Michigan 48805, for supplying the Department of Parks and Recreation with playground equipment for Mies Park for the total amount of $47,705 00, the same having been in fact the lowest bid submitted for this park and meets all specifications, and the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Livonia with the aforesaid bidders and to do all things necessary or incidental to the full performance of this resolution CR 658-01 RESOLVED, that having considered a communication from the City Librarian, dated September 26, 2001, and is approved for submission by the Mayor, which transmits Library Commission Resolution 33248 No 12-01, wherein it is recommended that overdue fines for all material except feature films be increased to 20 cents per day, the Council does hereby concur in and approve this increase in overdue fines in the manner and form herein submitted CR 659-01 RESOLVED, that having considered a communication from the City Librarian, dated September 26, 2001, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits Library Commission Resolution No 13-01, wherein it is recommended that room rental fees be increased, the Council does hereby concur in and approve such increase and the following rates for meeting rooms in City facilities for a four-hour rental are hereby established NON-PROFIT Resident Meeting Room $ 25 Auditorium 100 Non-Resident Meeting Room $ 50 Auditorium 200 CORPORATE/FOR PROFIT Resident Meeting Room $ 50 Auditorium 250 Non-Resident Meeting Room $100 Auditorium 500 FURTHER, all definitions of categories of users previously established with respect to the application of library room rental rates shall continue in full force and effect. A communication from the Public Service Division, dated October 4, 2001 , - Administrative Response - re cost estimate for the installation of a sanitary sewer on the south side of Seven Mile Road, east of Brookfield Avenue, as well as cost allocation information of past sewer installation projects, was received and placed on file for the information of the Council (CR 205-01) 33249 CR 660-01 RESOLVED, that having considered the report and recommendation from the Public Utility Manager and the Director of Public Works, dated September 20, 2001, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby appropriate and authorize the expenditure of $100,248 47 to Sunset Excavating, 12641 Stark Road, Livonia, Michigan 48150, for emergency sewer repair work on Edgewood Street, north of Five Mile Road from Account No 592 158-000 (Construction in Progress) with reimbursement from the 2000 Bond proceeds, FURTHER, the Council does hereby appropriate and authorize the expenditure of $10,024 54 to Consumers Energy, Damage Claims Department, P 0 Box 369, Royal Oak, Michigan 48068, for the installation of a temporary gas main in connection with the above-mentioned project, from Account No 592 --- 158-000 (Construction In Progress) with reimbursement from the 2000 Bond proceeds CR 661-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 20, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize B & V Construction, Inc , 48400 West Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow removal services for City streets during the 2001-2002 snow season for snowfalls of over four (4") inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the aforesaid report, FURTHER, the Council does hereby authorize the use of additional rental equipment, as needed, from Summit Transport, Inc , 10321 E Grand River Avenue, Suite 520, Brighton, Michigan 48116, pursuant to terms stated in their letter dated May 17, 2001, FURTHER, the Council does hereby authorize the use of additional rental equipment, as needed, from Nagle Paving Company, 30630 West Twelve Mile Road, Farmington Hills, Michigan 48334, pursuant to the terms stated in their proposal received June 5, 2001, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 662-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Director of Community Resources, dated October 4, 2001, approved by the Chair of the Historical Commission and the Chair of the Historical Preservation Commission, 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 Dumas Concepts in Building, 43334 West Seven Mile Road, I: #300, Northville, Michigan 48167, for completing all work required in connection with the renovation and addition to the Alexander Blue House, including Alternates 1 and 3 for the total amount of $489,555 00, the 33250 same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure of $219,081 00 from account #401-000-976-000 (Carry Over es. Funds) and $270,474 00 from Account #723 (Historical Commission Trust Fund) for this purpose, FURTHER, the Council does hereby waive all City permit fees, connection charges and debt retirement fees for this construction, 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 with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 663-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Director of Community Resources, dated October 4, 2001, approved by the Chair of the Historical Commission and the Chair of the Historical Preservation Commission, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with the award of the contract for the Alexander Blue House Renovation and Addition, the Council does hereby refer the subject of carry over funds to the Director of Finance for his report and recommendation CR 664-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated October 5, 2001, which is approved for submission by the Mayor, with regard to trees being planted by Wayne County on the right-of-way section of Middlebelt Road from Schoolcraft to Six Mile Roads, the Council does hereby take this means to indicate that the City of Livonia agrees to maintain trees planted by Wayne County within the County road right-of-way on Middlebelt Road between Schoolcraft Road and Six Mile Road, FURTHER, the City of Livonia hereby agrees to indemnify and hold harmless the County of Wayne, the County of Wayne's Department of Public Services, its officials and employees against any and all claims, suits and judgments of every name and description arising out of the planting and maintenance of said trees planted with the Wayne County road right-of-way as described above, FURTHER, the City agrees that any and all necessary maintenance of said planted trees shall remain the responsibility of the City of Livonia and that maintenance shall include, but not be limited to, pruning, trimming, watering, removal as mandated in Wayne County's standards, policies and specifications to provide for the safety of life and property as these trees may affect the County road right- of-way now and in the future CR 665-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, Public Utility Manager and the Director of Public Works, which bears the signature of 33251 the Finance Director, is approved by the City Attorney and is approved for submission by the Mayor, with regard to the Rouge River National Wet Weather Demonstration Project Round IIB Grant Program for General Permit Activities, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Rouge River National Wet Weather Demonstration Project Interagency Agreement between Wayne County and the City of Livonia for general permit activities continuation, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $42,528 00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose with the understanding that a maximum of $39,646 00 will be reimbursed to the City; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended CR 666-01 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated October 3, 2001, which bears the signature of the Finance Director and is approved for submission by the Mayor, requesting an additional appropriation for costs for additional work required for the 2000 Sidewalk Program, Contract 00-B, the Council does hereby appropriate and authorize the expenditure of the additional sum of $28,200 00 (Single Lot Assessment Portion of the Program) to Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan 48185 for this purpose, from the General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special 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 authorize an additional appropriation and expenditure in the amount of $23,400 00 from the Michigan Transportation Fund (Local Road Account) for the City's portion of the contract. CR 667-01 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, December 5, 2001, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item a Petition 2001-07-06-08 submitted by the City Planning Commission pursuant to CR 354-01 and Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18 58 of Article XVIII of 33252 the Zoning Ordinance to establish a 60-day time limit from the date a site plan is approved by Council for the submittal of any additional information, such as landscape plans and signage, and the City Planning Commission in its resolution 10-153-2001 having recommended to the City Council that Petition 01-7-6-8 be approved, and b Petition 2001-03-06-03 submitted by the City Planning Commission pursuant to CR 539-01 and Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or to amend Sections 10 02 and 10 03 of Article X and Sections 11 02 and 11 03 of Article XI of the Zoning Ordinance so as to designate drive-up windows for all types of businesses as waiver uses, the City Planning Commission in its resolution 10-152-2001 having recommended to the City Council that Petition 01-3-6-3 be approved, 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 amendment to the Zoning Ordinance, and/or (b) location of the proposed change 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 Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan NAYS None A communication from the Department of Finance, dated October 3, 2001, re additional information on the 2001-02 proposed budget requested at the Finance, Insurance and Budget Committee meeting of September 25, 2001, was received and placed on file for the information of the Council 33253 A communication from the Department of Law, dated October 22, 2001, re additional information on rescinding CR 331-01 and CR 332-01 relative to proposed installation of sidewalks, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 668-01 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated September 25, 2001, submitted pursuant to Council Resolution 449-01 and 448-01, and a public hearing having been held on October 8, 2001, the Council does hereby rescind Council Resolution 331-01 On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 669-01 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated September 25, 2001, submitted pursuant to Council Resolution 449-01 and 448-01, and a public hearing having been held on October 8, 2001, the Council does hereby rescind Council Resolution 332-01 On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 670-01 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated September 25, 2001, submitted pursuant to Council Resolution 449-01 and 448-01, and a public hearing having been held on October 8, 2001, the Council does hereby determine that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 2001, and ending November 30, 2002, as shown in the Budget Document in section I, submitted by the Mayor to the Council on September 15, 2001, as amended to include changes as outlined in correspondence from the Director of Finance, dated October 3, 2001, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative 33254 reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 8, 2001, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 16, 2001, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was CR 671-01 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 0725 mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2001, and ending November 30, 2002, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 0 8144 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1.2218 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 8144 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library 33255 services, supplies and facilities in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0122 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 2 0934 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of .2869 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1990 Street Improvement Bond, Series I, Series II, Series III and Series IV, in addition to the amount which is authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 5021 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of 7910 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, recreation personnel, equipment, supplies, 33256 facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, fir AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. A communication from the Department of Finance, dated October 8, 2001, re exhibit showing updated sources and uses of funds for the Community Recreation Projects, was received and placed on file for the information of the Council (CR 402- 96) Councilmember Duggan left the podium at 8.21 p m due to a conflict of interest. A communication from Brian Duggan, President of BMD Group, Inc., dated October 16, 2001, re request to recognize the BMD Group, Inc. as a non-profit corporation so as to obtain raffle and Vegas night permits from the State, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Walsh, and unanimously adopted, it was CR 672-01 RESOLVED, that having considered a letter from Brian Duggan, President of BMD Group, dated October 16, 2001, the Council does hereby take this means to indicate that BMD Group, Inc., is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording BMD Group, Inc. an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute Councilmember Duggan returned to the podium at 8 22 p m On a motion by Laura, seconded by Pastor, and unanimously adopted, it was 33257 CR 673-01 RESOLVED, that having considered a letter from Ed and Adrianne Spontack, owners of SunSational Tanning, dated October 3, 2001, requesting permission to display a 18" x 30" sign during business hours only along Plymouth Road in front of 36139 Plymouth Road advertising patriotic items to be sold, the profits of which will be donated to a designated organization in Washington or New York, the Council does hereby deny this request. On a motion by Pastor, seconded by Walsh, and unanimously adopted, it was CR 674-01 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated September 27, 2001, which is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on September 20, 2001, with regard to the proposed revisions to prescription drug deductibles for un-represented employees (Administrative and Professional, Exempt and Confidential, Appointed and Elected, District Court and Housing Commission) and COBRA eligible participants to the recently negotiated prescription drug program requiring a $5 00 generic/$10 00 brand name drug co-pay effective December 1, 2001 for Blue Cross/Blue Shield and all HMO plans, the Council does hereby concur in and approve of these revisions in the manner and form herein submitted On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was CR 675-01 RESOLVED, that having considered a communication from the Director of Public Works and the Superintendent of Public Service, dated October 1, 2001, which bears the signature of the City Attorney and is approved for submission by the Mayor, relative to a request from Corby Energy Services, dated September 27, 2001, to utilize a portion of the City-owned property located in the southeast corner of 32301 Glendale for storage of materials and equipment, the Council does hereby determine to deny this request. A communication from the Law Department, dated September 19, 2001, re proposed right-of-way Telecommunications Permit and Applications, as recommended by a subcommittee, which was formed in Lansing to review this subject matter, was received and placed on file for the information of the Council 33258 On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 676-01 RESOLVED, that having considered the report and recommendation from the Department of Law, dated September 19, 2001, to which is attached a proposed Telecommunications Permit Application form and a Bilateral and Unilateral Telecommunications Permit form, the Council does hereby approve these documents for use in connection with requests from telecommunications providers for access to and ongoing use of public rights-of-way in the City A communication from the Engineering Division, dated September 27, 2001, re status of invoicing and as-built maps, relative to telecommunication providers in the City, has been received and placed on file for the information of the Council (CR 173-01) Four (4) letters from the Law Department, dated October 23, 2001, to McLeod USA, Inc., US Exchange of Michigan, LLC, Norlight Telecommunications, Inc., and Nextlink Michigan, Inc., re. their telecommunications systems located in Livonia, was received and placed on file for the information of the Council On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 677-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works, City Engineer and the Director of Finance, dated September 27, 2001, approved for submission by the Mayor, submitted pursuant to Council Resolution 173-01, the Council does hereby refer the subject of City procedures for tracking of all unpaid fees required to be paid to the City by telecommunication providers to the Administration for a report and recommendation On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 678-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works, City Engineer and the 33259 Director of Finance, dated September 27, 2001, approved for submission by the Mayor, submitted pursuant to Council Resolution 173-01, the L. Council does hereby refer the matter of pursuing the payment of fees and the submission of as-built maps from telecommunication providers to the Department of Law for further action On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 679-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works, City Engineer and the Director of Finance, dated September 27, 2001, approved for submission by the Mayor, submitted pursuant to Council Resolution 173-01, the Council does hereby refer the subject of possible amendments to the City's Telecommunications Ordinance (Chapter 12 06 of the Livonia Code of Ordinances, as amended) regarding fees and penalties for nonpayment to the Legislative Committee for its report and recommendation On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 680-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works, City Engineer and the Director of Finance, dated September 27, 2001, approved for submission by the Mayor, submitted pursuant to Council Resolution 173-01, the Council does hereby refer the subject of tracking the resolutions regarding telecommunication fees and as-built drawings adopted at the Regular Meeting of October 24, 2001, to the Administration for a report and recommendation within thirty (30) days Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO "�" (Petition 01-4-1-5) (CR 613-01) 33260 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 Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 4 02 OF ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 01-3-6- 2) (CR 538-01) 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 Walsh left the podium at 8 35 p m due to a conflict of interest. Councilmember Engebretson took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 020 OF TITLE 15, CHAPTER 56, (PERMITS AND INSPECTION FEES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED (CR 572-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Walsh returned to the podium at 8 36 p m '4 33261 A communication from the Office of the Treasurer, dated October 18, 2001, re single lot assessments pertaining to Haggerty Road Sidewalk Installation, was received and placed on file for the information of the Council (CR 286-98) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 681-01 RESOLVED, that having considered a communication from the City Treasurer, dated October 18, 2001, regarding the installation of sidewalks in the City of Livonia on the following parcels in the following amounts Parcels of property and assessment, as outlined in the City Treasurer's letter, dated October 18, 2001, is included herein by reference, which work was done pursuant to Council Resolution 286-98 and in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, Title 12, Chapter 4, and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 00 and the property owner has requested such installments, FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Pastor, seconded by Duggan, and unanimously adopted, 33262 it was CR 682-01 RESOLVED, that having considered a letter from Amanda Hosko, BS, CHES, Community Wellness Coordinator, St. Mary Mercy Hospital, dated October 10, 2001, which requests permission to display eight signs announcing the craft show to be conducted on Saturday, November 10, 2001, and Sunday, November 11, 2001, which signs are approximately 18" x 24" in size and which will be displayed at the following locations of the City. • Two at Newburgh and Five Mile Road • Two at Newburgh and Six Mile Road • Two at Farmington and Five Mile Road • Two at Levan and 1-96 (Schoolcraft Road) no earlier than Monday, November 5, 2001, and removed no later than Monday, November 12, 2001, and two signs measuring approximately 46 5" x 32" to be placed on the hospital property, one on Five Mile Road and one on Levan Road, the Council does hereby approve this request in the manner and form herein submitted On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 683-01 RESOLVED, that having considered a communication from the City Librarian, dated September 27, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations, in the total amount of $37,435 99, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the amount of $32,800 99 to Account No 702-000- 285-271 for the purposes as designated by the donors On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was CR 684-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 3, 2001, 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 Overhead Easement (Right-of-Way) RFW No 340027, which would grant an overhead easement to the Detroit Edison 33263 Company across the following described City-owned property (Landfill Parcel) located in the North 1/2 of Section 27 Detroit Edison RFW No. 340027 THAT PART OF THE NORTH 1/2 OF SECTION 27, T1 S, R9E DES AS BEG AT A PT ON THE N LINE CHESAPEAKE & OHIO RR ROW DIS N 00° 06' 20" E 49 50 FT FROM CEN N 89° 12' 30" W ALONG SAID LINE 1334 12 FT TH N 00° 20' 30" E 420 0 FT TH S 89° 12' 30" E 1475 43 FT TH S 00° 06' 20" W 420 0 FT TH N 89° 29' 50" W ALONG N LINE OF C & 0 RR ROW 143 0 FT TO POB EXC THE W 5 168 AC MEASURING 536 X 420 9 06 ACRES ** LAND FILL** AKA 46-106-99-0002-001 On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was CR 685-01 RESOLVED, that having considered a communication from the Department of Law, dated October 8, 2001, which is approved for submission by the Mayor, submitted pursuant to Council Resolution 399- 01, transmitting for Council acceptance a quit claim deed dated October 2, 2001, executed by Robert Pearce, conveying to the City certain property described as follows A 33-foot wide parcel of land being a part of the Southwest 1/4 of the Northeast 1/4 of Section 1, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 01°56'52" West, 353 79 feet and North 88°25'38" East, 836 55 feet from the center of Section 1 and proceeding thence North 88°25'38" East, 34 58 feet; thence South 18°57'05" East, 165 30 feet; thence South 88°40'23" West, 34 63 feet; thence North 18°57'05" West, 165 14 feet to the point of beginning. Containing 0 125 acres (20011 Angling) the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid quit claim deed, and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Pastor, seconded by Engebretson, and unanimously adopted, it was. 33264 CR 686-01 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 On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 687-01 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 52934, 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, December 5, 2001 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-8-1-16, submitted by S & N Development Co , LLC for a change of zoning of property known as 19250 Victor Parkway located on the Northwest corner of Seven Mile Road and Victor Parkway in the Southeast 1/4 of Section 6 from PO-I to OS, the City Planning Commission in its resolution 10-147- 2001 having recommended to the City Council that Petition 00- 8-1-16 be approved, 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 amendment(s) to the Zoning Ordinance, and/or (b) location of the proposed change(s) 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 During the audience communication portion of the agenda, Council President Brosnan recognized the presence of students from Livonia Stevenson High School in the audience. On a motion by Pastor, seconded by Walsh, and unanimously adopted, this 1,451st Regular Meeting of the Council of the City of Livonia was adjourned at 8 40 p m , October 24, 2001 6)ttit oan McCotter, City Clerk