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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-02-09 32082 MINUTES OF THE ONE THOUSAND FOUR HUNDRED TENTH REGULAR MEETING OF FEBRUARY 9. 2000 On February 9, 2000, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Duggan delivered the invocation He also called for a moment of silence in memory of Jerry Raymond, a former councilmember from the City of Livonia Roll was called with the following result: Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, John J Walsh and Maureen Miller Brosnan Absent: John Pastor out-of-town on business Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Catherine White, City Attorney; Joan McCotter, City Clerk, Robert Beckley, Director of Public Works, Karen Szymula, Director of Legislative Affairs, Alan Brandemihl, Battalion Chief/Training Coordinator; and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #76-00 RESOLVED, that the minutes of the 1,409th Regular Meeting of the Council held January 26, 2000 are hereby approved as submitted Council President Brosnan recognized the presence at the meeting of Boy Scout Troop #900 from Mount Hope Congregational Church She also mentioned the Charity Dance benefiting the First Step Organization that was held at Burton Manor on February 4, 2000, and recognized Councilmember Brian Duggan for his efforts regarding this event. 32083 On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #77-00 RESOLVED, that having considered an application from Amy Fogle, 9870 Henry Ruff, dated January 8, 2000, requesting permission to close Henry Ruff between Orangelawn and Robert on Saturday, June 3, 2000, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, June 10, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #78-00 RESOLVED, that having considered a letter from the Secretary of the Livonia Woodcarvers Club, dated January 11, 2000, in connection with the 26th Annual Woodcarving Show to be conducted at Eddie Edgar Arena on August 5 and 6, 2000, and which requests permission to display temporary advertising signs from July 29 through August 6, 2000, which signs will be displayed in the following locations 1 Inkster Road and Eight Mile Road, S W corner 2 Inkster Road on Grand River Blvd, W side 3 Inkster Road and Long, S W corner 4 Inkster Road and Seven Mile Road, N W corner 5 Inkster Road and Six Mile Road, N W corner 6 Inkster Road and Five Mile Road, N W corner 7 Inkster Road and Schoolcraft, N W corner 8 Inkster Road and Schoolcraft, S W corner 9 Inkster Road and Plymouth, S W corner 10 Inkster Road and West Chicago Island 11 Inkster Road and Joy Road, N W corner 12 Joy Road and Harrison, N E corner 13 Middlebelt and Joy, N E corner 14 Middlebelt and West Chicago, N E corner 15 Middlebelt and Plymouth, N E corner 16 Middlebelt and Plymouth, S W corner 17 Middlebelt and Schoolcraft Island, S E corner 18 Middlebelt and Schoolcraft Island, N E corner 19 Middlebelt and Five Mile Road, N E corner 20 Middlebelt and Six Mile Road, N E corner 21 Middlebelt and Seven Mile Road, N E corner 22 Middlebelt and Eight Mile Road, S E corner 23 Middlebelt and Eight Mile Road, S W corner 24 Merriman and Eight Mile Road, S W corner 25 Merriman and Seven Mile Road, N W corner 32084 26 Merriman and Six Mile Road, N W corner 27 Merriman and Five Mile Road, N W corner 28 Merriman and Schoolcraft, N E corner 29 Merriman and Plymouth, N W corner 30 Merriman and Joy, N W corner 31 Farmington Road and Joy, N E corner 32 Farmington Road and Plymouth, N E corner 33 Farmington Road and Schoolcraft, N W corner 34 Farmington Road and Five Mile Road, N E corner 35 Farmington Road and Six Mile Road, N E corner 36 Farmington Road and Seven Mile Road, N W corner 37 Farmington Road and Eight Mile Road, S W corner 38 Newburgh and Eight Mile Road, S W corner 39 Newburgh and Seven Mile Road, N W corner 40 Newburgh and Six Mile Road Island West 41 Newburgh and Five Mile Road, S W corner 42 Newburgh and Schoolcraft, S W corner 43 Newburgh and Plymouth, S W corner 44 Newburgh and Ann Arbor Trail, S W corner 45 Newburgh and Joy, N W corner 46 Joy Road and Hix, N W corner 47 Haggerty and Joy, N E corner 48 Haggerty and Ann Arbor Road, S E corner 49 Haggerty and Plymouth, S E corner 50 Haggerty and Plymouth, N E corner 51 Haggerty and Schoolcraft, N E corner 52 Haggerty and Five Mile Road, S E corner 53 Haggerty and Six Mile Road, S E corner 54 Haggerty and Seven Mile Road, S E corner 55 Haggerty and Eight Mile Road, S E corner the Council does hereby approve and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby determine that this request shall receive a Category III application pursuant to the City of Livonia Fees/Waivers Four Category Grid dated February 8, 1993, as established in Council Resolution 371-93, adopted on May 5, 1993 #79-00 RESOLVED, that having considered a letter from Jennifer R Boros, Chairperson, representing the Sacred Heart Byzantine Catholic Church, dated January 16, 2000, which requests permission to place fourteen 20" x 20" signs announcing the Sacred Heart Mom-to-Mom Sale to be held on Saturday, March 18, 2000, which signs shall be installed on March 10, 2000, at the following intersections Middlebelt Road Southwest corners of Five Mile, Six Mile, Seven Mile and Eight Mile Roads REVISED 32085 Southeast corners of Five Mile, Six Mile, Seven Mile and Eight Mile Roads Northwest corners of Five Mile and Six Mile Roads Northeast corners of Six Mile and Seven Mile Roads Inkster Road. Southwest corner of Six Mile Road Northwest corner of Six Mile Road and all signs to be removed no later than March 19, 2000, the Council does hereby grant and approve this request in the manner and form herein requested #80-00 RESOLVED, that having considered a communication from the City Assessor, dated January 11, 2000, approved for submission by the Mayor, with regard to a request from Pardonnet Management Company, 48755 Ten Mile Road, Novi, Michigan 48374, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-105- 99-0038-001 into two (2) parcels, the legal descriptions of which shall read as follows Parcel "A" The North 200 feet of the west 542.68 feet of the east 602.68 feet of the south one half of the northeast 1/4 of Section 27, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, except the following parcel described as. Beginning at a point on the west line of Merriman Road (120 feet wide) distant N 00° 02' 20" W 1153 73 feet along the east line of said Section 27 and N 89° 09' 50" W 60 01 feet from the east 1/4 corner of said Section 27, proceeding thence from this point of beginning N 89° 09' 50" W 502.00 feet; thence S 00° 02' 20" E 30 01 feet; thence S 89° 09' 50" E 502 00 feet to said west line of Merriman Road, then N 00° 02' 20" W 30 01 feet along said west line to the point of beginning Parcel contains 2 146 acres and is subject to an easement in the west 11 feet thereof and in the south 11 feet of the east 29 68 feet of the west 40 68 feet thereof for mutual ingress, egress and vehicular parking and easements, right and restrictions of record Parcel "B" The North 200 feet of the west 372.32 feet of the east 975 feet of the south one half of the northeast 1/4 of Section 27, also the south 200 feet of the north 400 feet of the west 475 feet of the east 975 feet of the south one half of the northeast 'A of Section 27, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except the following parcel described as Beginning at a point on the west line of Merriman Road (120 feet wide) distant N , 00° 02' 20" W 1123 73 feet along the east line of said Section 27 and N 89° 09' 50" W 500 feet from the east 1/4 corner of said Section 27, proceeding thence from this point of beginning S 00° 02' 20" E 30 00 feet; thence N 89° 09' 50" W 62 00 feet; thence N 00° 02' 20" W 30 00 feet; thence S 89° 09' 50" E 62.00 feet; to the point of beginning Parcel contains 3 847 acres and is subject to an easement in the east 11 feet of the north 211 feet thereof and in the north 11 feet of the east 40 68 feet of the west 413 feet of the south 200 feet thereof for mutual ingress, egress and vehicular parking and easements, rights and restrictions of record 32086 as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that until a variance is granted by the Zoning Board of Appeals as to every nonconforming lot resulting from such split, none of said lots may be sold, leased or transferred #81-00 RESOLVED, that having considered the report and recommendation of the City Clerk, dated January 24, 2000, which bears the signature of the Director of Finance, and to which is attached proposed Maintenance and Licensing Agreements for the City's election equipment and software, the Council does hereby approve the attached Agreements between the City of Livonia and Election Systems & Software, 601 28th Avenue South, Waite Park, Minnesota 56387, to provide the City with various services related to its election equipment and software as follows 1 A Hardware Maintenance Agreement for the Optech IVC-400 in the amount of $1,500 00 for a one-year period beginning April 1, 2000 through March 31, 2001, 2 A Hardware Maintenance Agreement for forty-six (46) Optech IIIP Eagle units and one (1) Memory Pack Reader in the amount of $300 00 per unit, for a total amount of $14,100 00, for a two-year period beginning April 1, 2000 through March 31, 2002, and 3 A Software License Agreement for the Auto Election Returns Operation Software, in the amount of $1,500 00, and Election Management Software, in the amount of $1,500 00, for a total amount of$3,000 00, for a one-year period beginning April 1, 2000 through March 31, 2001, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute these contracts with the aforesaid company, subject to approval as to form by the City Attorney, and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum of $18,600 00 from the General Fund Unexpended Fund Balance for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with the provisions set forth in Section 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended 32087 #82-00 RESOLVED, that the Council does hereby refer the matter of who is responsible for keeping track of the expiration of city contracts to the Department of Law for a report and recommendation Sibp #83-00 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated January 18, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the extension of the Weed Cutting Contract 99-A, commencing January 1, 2000, and expiring on December 31, 2000, with Michigan Grounds Management, 14931 Farmington Road, Livonia, Michigan 48154, under the same rates, terms and conditions as the 1999 contract; FURTHER, the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is completed, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected, and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 04 140D4 of the Livonia Code of Ordinances, as amended #84-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 9, 1999, and the report and recommendation of the Chief of Police, dated January 6, 2000, approved for submission by the Mayor, with regard to an application from Uncles & Nephews, Inc to transfer location of a 1999 SDD and SDM licensed business with Sunday Sales Permit from 29623-29633 W Eight Mile Road, Livonia, Michigan 48152, Wayne County, to 19618 Middlebelt, Livonia, Michigan 48154, Wayne County, the Council does hereby determine that it has no objection to approval of the said request inasmuch as the same would meet all local statutory and ordinance requirements, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #85-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 12, 1999, and the report and recommendation of the Chief of Police, dated January 6, 2000, approved for submission by the Mayor, the Council does hereby determine that it has no objection to and does recommend approval of the request from Meijer, Inc for a new SDM License to be located at 13000 Middlebelt Road, Livonia, Michigan 48150-2211 , Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission 32088 #86-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated January 20, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of gasoline and diesel fuel for tank wagon metered (5,000 gallons or less) through the Tri-County Public Purchasing Cooperative (TCPPC) from Atlas Oil Company, 24501 Ecorse Road, Taylor, Michigan 48180, for the period February 1, 2000 through January 31, 2002 for the unit price of $0 16855 per gallon markup for unleaded regular, unleaded premium, and #2 diesel and $0 19355 per gallon markup for#2 premium diesel, FURTHER, the Council does hereby authorize the purchase of diesel fuel and gasoline for truck transport unmetered (over 5,000 gallons) through the Tri-County Public Purchasing Cooperative (TCPPC) from Barrick Enterprises, Inc., 4307 Delemere Court, Royal Oak, Michigan 48073, for the period February 1, 2000 through January 31, 2002 for the unit price bid of $0 01815 per gallon markup for unleaded regular and unleaded premium, $0 02565 per gallon markup for #2 diesel and $0 03565 per gallon markup for #2 premium diesel, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Water and Sewer Board, dated January 20, 2000, re request to refer the subject of the Water Distribution System Improvement Project to the Water, Sewer and Waste Committee, was received and placed on file for the information of the Council #87-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 5, 2000, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor; a subsequent communication from the City Engineer, dated January 14, 2000, and a letter from Victoria J Holland, Engineer of Traffic Operations, Wayne County Division of Roads, dated December 22, 1999, to which is attached a proposed agreement between Millennium Park, L L C , the City of Livonia and the County of Wayne regarding the installation of traffic signals at the eastbound and westbound service drives of the Jeffries Expressway and and the main drive to Millennium Park, east of Middlebelt, and having considered the necessity for such traffic signal installations, the Council does hereby authorize the 32089 said traffic installations, with Millennium Park, L L C assuming 100% of the installation cost and the City of Livonia assuming 100% of the annual maintenance and energy costs for such traffic signal, and the Mayor and City Clerk are hereby authorized to execute the attached agreement, for and on behalf of the City of Livonia, in the manner and form herein submitted, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Wayne County Division of Roads #88-00 WHEREAS, Edward N Hines Drive in the City of Livonia, Wayne County, Michigan, is a County road under the jurisdiction of Wayne County; and WHEREAS, the Wayne County Department of Public Services is proposing a project to resurface Edward N Hines Drive from Newburgh to Joy; and WHEREAS, the Wayne County Internal Resurfacing Program Guidelines call for cities to contribute one-third of the estimated cost for resurfacing projects, and WHEREAS, the cost for the 2000 Internal Resurfacing Program has been tow estimated at $96,000 00 per lane mile and the local city share has been estimated at $32,000 00 per lane mile, and WHEREAS, the total cost for resurfacing Edward N Hines Drive from Newburgh to Joy has been estimated at $480,000 00 and the City of Livonia share has been established at $160,000 00, NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council does on this 24th day of February, 2000, take this means to express its desire to join with Wayne County in proceeding with a project to resurface Edward N Hines Drive from Newburgh to Joy, and furthermore, does hereby approve and authorize payment of the City's share of $160,000 00 in the manner set forth in the Wayne County Internal Resurfacing Program Guidelines, dated December 24, 1999, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $160,000 00 from the $12 Million Road Improvement Obligation Bond Issue for this purpose #89-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 11, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding additional work required in connection with the contract for engineering 32090 services for the resurfacing of Plymouth Road from Inkster Road to Farmington Road, previously authorized in Council Resolution 300-99, adopted on May 5, 1999, the Council does hereby appropriate and imp authorize the expenditure of the additional sum of $13,500 00 from the General Obligation Road Improvement Bond Issue to be paid to Orchard, Hiltz & McCliment, Inc , 34935 Schoolcraft Road, Livonia, Michigan 48150, for this additional work. #90-00 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 18, 2000, approved by the Director of Public Works and approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 1999 Sidewalk Repair Program (Contract 99-B) at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 172-99 adopted on March 24, 1999, and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of April 5, 2000, at 8.00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said properties for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #91-00 RESOLVED, that having considered a communication from the City Planning Commission, dated January 17, 2000, which transm'ts its resolution 01-02-2000 adopted on January 11, 2000, with regard to Petition 99-11-8-30 submitted by Medora Building Company, on behalf of Commercial Lawnmower, requesting site plan approval in connection with a proposal to renovate the exterior elevations of the commercial building located at 32098 Plymouth Road in the Southeast 1/4 of Section 27, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-11-8-30 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SD-1, prepared by GAV Associates, dated November 8, 1999, as revised, is hereby approved and shall be adhered to, 32091 2 That the Landscape Plan marked Sheet SD-1, prepared by GAV Associates, dated November 5, 1999, as revised, is nereuy approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet A-2, prepared by GAV Associates, dated November 8, 1999, as revised, is hereby approved and shall be adhered, 6 That the brick used in the construction of the building shall be full face four (4") inch brick, no exceptions, 7 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 8 That the entire parking lot shall be resealed and double striped to the satisfaction of the Inspection Department; 9 That no outdoor storage, placement or display of merchandise shall be permitted at any time on this site, and 10 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council #92-00 RESOLVED, that having considered a communication from Councilmember Joe Laura, dated January 24, 2000, the Council does hereby refer the subject of e-mail access for City Council members to the Capital Improvement Committee for its report and recommendation #93-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Patricia Paruch of Kemp, Klein, Umphrey & Endelman, P C , on behalf of Technicolor Videocassette of Michigan, Inc , dated January 24, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District 72, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 32092 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property that will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, March 20, 2000, at TOO p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigar 3 The Council hereby sets Monday, March 20, 2000, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #94-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Evan D Lyall, Treasurer, Roush Industries, Inc , on behalf of Roush Technologies, Inc., dated January 26, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District 51, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property that will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, March 20, 2000, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, March 20, 2000, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #95-00 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as 32093 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 Mondey, March 20, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 99-12-1-21, submitted by James M Szkrybalo, on behalf of Barbara Murphy-McEwen, for a change of zoning of property located on the west side of Fairfield Avenue between Five Mile Road and Meadowbrook Lane in the Northwest 1/4 of Section 22 from R-7 to R-C, the City Planning Commission in its resolution 01- 14-2000 having recommended to the City Council that Petition 99- 12-1-21 be approved, and (2) Petition 99-11-1-20, submitted by Leo Soave Builders, for a change of zoning of property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road in the Northeast 1/4 of Section 14 from RUFA to R-1, the City Planning Commission in its resolution 01-13-2000 having recommended to the City Council that Petition 99-11-1-20 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and Brosnan NAYS None On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was #96-00 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 24, 2000, 32094 submitted pursuant to Council Resolution 17-00, and a communication from the Personnel Director, dated January 4, 2000, approved by the Director of Finance and approved for submission by the Mayor, and a subsequent communication from the Personnel Director, dated February 4, 2000, approved for submission by the Mayor Pro Tem, and which sets forth a resolution adopted by the Civil Service Commission on January 20, 2000, wherein it is recommended that the attached proposed agreement between the City of Livonia and the Livonia Supervisory and Technical Chapter of Local 1917, and its affiliated Council 25, American Federation of State, County & Municipal Employees, AFL-CIO, be approved for the period December 1, 1998, through November 30, 2001, and the necessary amendments to the Compensation Plan, the Insurance and Disability Plans and the Retirement Ordinance be adopted so as to effectuate the provisions set forth in the aforesaid agreement, the Council does hereby approve of and concur in the aforesaid action of the Civil Service Commission, and the Mayor and City Clerk are hereby requested to affix their signatures to the said contract, for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution On a motion by Engebretson, seconded by Walsh, and unanimously adopted, it was #97-00 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 24, 2000, submitted pursuant to Council Resolution 16-00, and a request from Council President Maureen Miller Brosnan with respect to the subject of high-tech communications, the Council does hereby refer the subject of how the City's Telecommunications Ordinance does or does not apply to Metricom, Inc to the Department of Law for its report and recommendation A communication from the Department of Law, dated July 19, 1999, re City regulation of mechanical amusement devices, was received and placed on file for the information of the Council (CR 447-99 and 457-99) On a motion by Walsh, seconded by Laura, it was #98-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 25, 2000, submitted pursuant to Council Resolution 457-99, and a letter from Harry Rodgers, 34697 Pembroke Drive, Livonia, Michigan 48152, dated June 7, 1999, requesting the prohibition of violence-oriented video games found in public places, such as video arcades, restaurants, bowling alleys, etc , in 32095 the City of Livonia, the Council does hereby refer the matter of raising the age limit for entry into a game room containing mechanical amusement devices and mandating direct parental supervision of minors in such establishments to the Department of Law to prepare an appropriate Ordinance amendment to Section 5 30 110 of the Livonia Code of Ordinances for submission to Council A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Engebretson, Walsh and Brosnan NAYS Vandersloot The President declared the resolution duly adopted On a motion by Walsh, seconded by Laura, and unanimously adopted, it was #99-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 25, 2000, submitted pursuant to Council Resolution 457-99, and a letter from Harry Rodgers, 34697 Pembroke Drive, Livonia, Michigan 48152, dated dune 7, 1999, requesting the prohibition of violence-oriented video games found in public places, such as video arcades, restaurants, bowling alleys, etc., in the City of Livonia, the Council does hereby request that the Department of Law draft correspondence on behalf of the City Council to appropriate state and federal legislators regarding placing additional restrictions on the video gaming industry to address the problem of the proliferation of violent video games in public establishments On a motion by Walsh, seconded by Laura, and unanimously adopted, it was #100-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 25, 2000, submitted pursuant to Council Resolution 457-99, and a letter from Harry Rodgers, 34697 Pembroke Drive, Livonia, Michigan 48152, dated June 7, 1999, requesting the prohibition of violence-oriented video games found in public places, such as video arcades, restaurants, bowling alleys, etc , in the City of Livonia, the Council does hereby refer the subject of available options, if any, for reviewing, restricting and/or prohibiting violence- oriented video games to the Department of Law for its report and recommendation 32096 A communication from the Department of Public Safety, Division of Police, dated June 7, 1999, re possession and/or use of gamma-hydroxybutyrate (G H B ), was received and placed on file for the information of the Council (CR 246-99) On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was #101-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 25, 2000, submitted pursuant to Council Resolution 246-99, and the report and recommendation of the Department of Law, dated March 26, 1999, approved for submission by the Mayor, regarding the possession and/or use of gamma-hydroxybutyrate ("C H B "), the Council does hereby determine to take no further action with respect to this matter On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was #102-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 25, 2000, submitted pursuant to Council Resolution 183-99, regarding the issue of false alarm charges and late fees, the Council does hereby refer this matter to the Department of Law to prepare for submission to Council an amendment to Section 5 06 070 of the Livonia Code of Ordinances which would provide for 1) graduated fines for multiple false alarms in one year, 2) interest to accrue on past due fines, 3) the use of any reasonable means to collect such fines, and 4) a process by which such fines may be appealed On a motion by Walsh, seconded by Laura, and unanimously adopted, it was #103-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 25, 2000, submitted pursuant to Council Resolution 466-99, and the report and recommendation of the City Clerk, dated June 11, 1999, requesting an amendment to Chapter 6 06 (Cats) of the Livonia Code Ordinances, as amended, to be compatible with the proposed amendments to Chapter 6 04 (Dogs) and new State-mandated law, and further requesting increases in the fees for animal licenses and in light of the fact that the Dog and Cat ordinances thus amended provide that Council will set the 32097 regular fee by ordinance, with related license fees thereafter determined by formula, the Council does hereby take this means to establish for purposes of Sections 6 04 130 and 6 06 070 of the Livonia Code of Ordinances, as amended, the regular fee of $7 50 for each animal to be licensed A communication from the Department of Public Works, Public Service Division, dated February 2, 2000 re recommendation to increase license fees for dogs, cats and ferrets, was received and placed on file for the information of the Council On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was #104-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 25, 2000, submitted pursuant to Council Resolution 550-99, and a communication from the Department of Law, dated July 29, 1999, approved for submission by the Mayor, regarding the subject of the possible licensing or regulation of pot-bellied pigs, the Council does hereby refer the subject of complaints received concerning animals other than cats and dogs during the past three years, to the Inspection Department for its report and recommendation On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was #105-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 25, 2000, submitted pursuant to Council Resolution 550-99, and a communication from the Department of Law, dated July 29, 1999, approved for submission by the Mayor, regarding the subject of the possible licensing or regulation of pot-bellied pigs, the Council does hereby refer this subject to the Department of Law for a legal opinion on whether existing City ordinances prohibit the keeping of pot-bellied pigs as household pets On a motion by Walsh, seconded by Laura, and unanimously adopted, it was #106-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 25, 2000, submitted pursuant to Council Resolution 550-99, and a communication from the Department of Law, dated July 29, 1999, approved for 32098 submission by the Mayor, regarding the subject of the possible licensing or regulation of pot-bellied pigs, the Council does hereby determine to take no further action on this matter On a motion by Engebretson, seconded by Walsh, and unanimously adopted, it was #107-00 RESOLVED, that having considered a letter from the President of Hearts of Livonia, dated January 11, 2000, the Council does hereby determine as follows 1 That Hearts of Livonia is a worthy non-profit charity in the community; 2 That the City of Livonia shall be one of the co-sponsors of the 2000 Golf Day Benefit, 3 That Hearts of Livonia is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Courses on Tuesday, August 15, 2000, for the 23rd annual golf outing, and 4 That Hearts of Livonia is hereby granted approval to display banners on Five Mile and Farmington Roads from July 22, 2000, through August 21, 2000, at no additional cost to Hearts of Livonia, which signs shall be removed by August 22, 2000 A communication from the Department of Law, dated February 8, 2000, re possible conflict of interest existing when councilmembers are members of boards of service organizations, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #108-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 26, 1999, and the report and recommendation of the Chief of Police, dated January 6, 2000, approved for submission by the Mayor, the Council does hereby approve of the request from GMRI, Inc. (a Florida Corporation) for transfer of ownership of a 1993 Class C License (in escrow) with entertainment 32099 permit without dressing rooms from China King Restaurant, Inc. for a business located at 19600 Haggerty, Livonia, Michigan 48152, Wayne County; to transfer location (governmental unit) (MCL 436 1531(1)) from 2077 Rawsonville, Belleville, Michigan 48111, Van Buren Township, Wayne County, to 19600 Haggerty, Livonia, Michigan 48152, Wayne County; and for a new outdoor service permit (2) and an additional bar permit; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from the Department of Law, dated February 3, 2000, re the matter of escrowed Class C Liquor Licenses, 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 #109-00 RESOLVED, that having considered a communication from the City Planning Commission, dated January 17, 2000, which transmits its resolution 01-03-2000, adopted on January 11, 2000, with regard to Petition 99-11-SN-12, submitted by Millennium Park, L L C , on behalf of Home Depot, requesting approval for signage for the commercial building located at 13500 Middlebelt Road in the Northwest 1/4 of Section 25, the Council does hereby concur in the recommendation of the Planning Commission and hereby approves Petition 99-11-SN-12, subject to the following conditions 1 That the Sign Package submitted by Millennium Park, L L C , as received by the Planning Commission on November 16, 1999, is hereby approved and shall be adhered to, 2 That all signage for this store shall not be illuminated beyond one (1) hour after this business closes, and 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #110-00 RESOLVED, that having considered a communication from the City Planning Commission, dated January 17, 2000, which transmits its resolution 01-04-2000, adopted on January 11, 2000, with regard to 32100 Petition 99-11-SN-13, submitted by Millennium Park, L L C , on behalf of Meijer, Inc , requesting approval for signage for the commercial building located at 13000 Middlebelt Road in the Northwest 1/4 of Section 25, the Council does hereby concur in the recommendation of the Planning Commission and hereby approves Petition 99-11-SN-13, subject to the following conditions 1 That the Sign Package submitted by Millennium Park, L.L.0 , as received by the Planning Commission on November 16, 1999, is hereby approved and shall be adhered to, 2 That all signage for this store shall not illuminated beyond one (1) hour after this business closes, and 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval Marvin Walkon, representative of Millennium Park, L L.0 , spoke to the Council regarding a change of tenant numbers from eight to six in item number 9 of Petition 99-11-8-28 for property located at 13500 Middlebelt. On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #111-00 RESOLVED, that having considered a communication from the City Planning Commission, dated January 17, 2000, which transmits its resolution 01-11-2000 adopted on January 11, 2000, with regard to Petition 99-11-8-28 submitted by Millennium Park, L L C , requesting site plan approval in connection with a proposal to construct a commercial building (Millennium Park Building I) on property located at 13500 Middlebelt, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-11-8-28 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SPA-1 dated November 8, 1999, prepared by Rogvoy Architects, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet SPA-2 dated November 8, 1999, prepared by Design Team, is hereby approved and shall be adhered to, 32101 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all new 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 SPA-5A dated December 29, 1999, prepared by Rogvoy Architects, is hereby approved and shall be adhered, 6 That the brick used in the construction of the building shall be full face four (4") inch brick, no exceptions, 7 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 8 That the petitioner shall correct to the satisfaction of the Inspection Department the following site deficiency as outlined in the correspondence date November 9, 1999 that the required accessible parking spaces shall be installed according to the current BOCA codes, 9 That the 16,400 sq ft. building shall be restricted to no more than six (6) tenants, and 10 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council On a motion by Walsh, seconded by Vandersloot, it was #112-00 RESOLVED, that having considered a communication from the City Planning Commission, dated January 13, 2000, which transmits its resolution 01-01-2000 adopted on January 11, 2000, with regard to Petition 99-11-8-29 submitted by DeMattia Associates, on behalf of the Livonia YMCA, requesting site plan approval in connection with a proposal to construct an addition to the facility located at 14255 Stark Road in the Southeast 1/4 of Section 21 , pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-11-8- • 29 is hereby approved and granted, subject to the following conditions tor 32102 1 That the Site Plan marked Sheet A-1, prepared by DeMattia Associates, dated December 15, 1999, as revised, is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That the Exterior Building Elevation Plan marked Sheet A-3, prepared by DeMattia Associates, dated December 15, 1999, as revised, is hereby approved and shall be adhered, 4 That all approvals are based on the petitioner providing the City of Livonia with an agreement for shared parking between the YMCA and Frost School, 5 That the parking area designated in the agreement shall be resealed and double striped, and 6 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, and Brosnan NAYS Duggan and Laura The President declared the resolution duly adopted A communication from the Department of Law, dated February 8, 2000, re no potential conflict of interest existing when councilmembers are members of boards of service organizations, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Engebretson, and unanimously adopted, it was #113-00 RESOLVED, that having considered a communication from the B C./Training Coordinator, Department of Public Safety - Fire & Rescue, dated January 19, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council 32103 does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $2,500 00 from Lake Pointe Yacht Club, Inc., the same to be deposited in and credited to the Capital Outlay/Firefighting Account #101-338-979-000 to be used for safety equipment for the Firefighters. Battalion Chief/Training Coordinator Alan Brandemihl extended his thanks to the Lake Pointe Yacht Club for their generous donation of $2,500 00 for safety equipment for the Firefighters Council President Brosnan extended a "Happy Birthday" to her mother-in- law, Bridget Brosnan, who will celebrate her birthday on February 10, 2000 On a motion by Engebretson, seconded by Duggan, and unanimously adopted, this 1410th Regular Meeting of the Council of the City of Livonia was adjourned at 8 39 p m., February 9, 2000 79'Z6 (6-) 47444_ oan McCotter, City Clerk