Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2000-04-05 32192 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FOURTEENTH REGULAR MEETING OF APRIL 5, 2000 On April 5, 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 Walsh delivered the invocation Roll was called with the following result. John J Walsh, John R. Pastor, Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, and Maureen Miller Brosnan Elected and appointed officials present. Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Ron Reinke, Superintendent of Parks & Recreation, Kevin Roney, Public Utility Manager; and Lt. Richard Cramb, Data Processing, Department of Public Safety - Police On a motion by Duggan seconded by Vandersloot, and unanimously adopted, with Pastor voting present, it was #227-00 RESOLVED, that the minutes of the 1 ,413th Regular Meeting of the Council held March 22, 2000 are hereby approved as submitted Mayor Kirksey presented City Clerk Joan McCotter with her 20 year pin, congratulated her on her anniversary and thanked her for her many years of service to the City of Livonia City Clerk McCotter spoke regarding her career with the City of Livonia, the privilege she felt in serving the community, and introduced her sister, Rosemary Farabaugh, her son, Dennis and her daughter-in-law, Shelly to the audience 32193 On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was #228-00 RESOLVED, that the Council does hereby request the Cable Division of the Community Resources Department to submit information about the frequency of channel changes on the cable programming line-up and also about the availability of internet services through Time Warner A communication from the Department of Finance, dated March 9, 2000, re forwarding various financial statements of the City of Livonia for the month ending December 31, 1999 was received and placed on file for the information of the Council A communication from the Department of Finance, dated March 16, 2000, re forwarding various financial statements of the City of Livonia for the month ending January 31, 2000 was received and placed on file for the information of the Council At the direction of the Chair, Item #15 was removed from the Consent portion of the Agenda At the direction of the Chair, Item # 17 was removed from the Agenda. On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #229-00 WHEREAS, in 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and 32194 WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Livonia has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree-planting practices, NOW, THEREFORE, LET IT BE RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim April 28, 2000, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, we urge all citizens to plant trees to promote the well being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Country Homes Park adjacent to Garfield Elementary School at 2 30 p m on May 5, 2000 BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor John Engler, State Senator Thaddeus McCotter, State Representative Laura M Toy, State Representative Gerald Law, the Michigan Municipal League State and Federal Affairs Division, the Conference of Western Wayne and the Plymouth Road Development Authority A communication from the Office of the Mayor, dated March 16, 2000, to which is attached a report from the Inspection Department, dated March 29, 2000, re Administrative Response — an update on the Walmart Store site located at 13507 Middlebelt Road and its compliance to all conditions set forth in Council Resolutions 1001-97 and 181-98, was received and placed on file for the information of the Council (CR 189-00) #230-00 RESOLVED, that having considered the report and recommendation of the Housing Director, dated February 29, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Community/Financial Institution Participation Agreement between the City of Livonia - Housing Commission and the Michigan State Housing 32195 Development Authority (MSHDA) to continue the Housing Commission's participation in the MSDHA Property Improvement Program (PIP) with a new lending institution (Michigan National Bank), the Council does hereby approve this Agreement in the manner and form herein submitted, and the Mayor, City Clerk and Housing Director are hereby authorized to execute this agreement, for and on behalf of the City of Livonia, and to do all things necessary or incidental to the full performance of this resolution #231-00 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated March 7, 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, requesting authorization for the expenditure of additional funds to utilize the current consultants previously retained, pursuant to Council Resolution 528- 97, for assisting the City in negotiations for a cable television franchise renewal with Time Warner and to broaden the scope of the services provided to include assistance with the proposed transfer of control from Time Warner, Inc to AOL Time Warner, Inc., the Council does hereby authorize the expenditure of a sum not to exceed $25,000 00 for consulting services provided by the law firm of Varnum, Riddering, Schmidt and Howlett, LLP, Bridgewater Place, P 0 Box 352, Grand Rapids, Michigan 49501-0352, from funds already budgeted for this purpose in Account No 297-751-818-005 #232-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 13, 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 six (6) 22' high decorative lampposts and lamps from Wyandotte Electric Supply Co , 961 Ford Avenue, Wyandotte, Michigan 48192, in the amount of $22,080 00, FURTHER, the Council does hereby accept the proposal submitted by Jacobs Electrical Construction, Inc , 1813 Austin, P 0 Box 395, Troy, Michigan 48099, for completing all work required in connection with the removal of existing lightpoles and the installation of the new decorative lampposts at Mies Park for the sum of $16,100 00, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $38,180 00 from funds already budgeted in Account No 401-000-974-010 for this purpose, and the Superintendent of Parks and Recreation is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with Jacobs Electrical Construction, Inc and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the purchase and installation of such lampposts without competitive bidding for the reasons indicated in the aforesaid 32196 communication, and such action is taken in accordance Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #233-00 RESOLVED, that having considered the report and r, recommendation of the Superintendent of Parks and Recreation, dated March 15, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the request to place vending machines supplied by Metro Vending, 16545 Eastland, Roseville, Michigan 48066, at Ford Field in lieu of awarding or renewing a contract for the operation of a concession stand at such location with the understanding that the City of Livonia will receive 10% of the net proceeds from such vending machines A communication from the Department of Parks and Recreation, dated March 30, 2000, re additional information on adding vending machines at Ford Field, was received and placed on file #234-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 2, 2000, which bears the signature of the Director of Finance, is approved by the Superintendent of Parks and Recreation and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of S & J Asphalt Paving Company, 39571 Michigan Avenue, Canton, Michigan 48188, for completing all work required in connection with the 2000 Tennis Court Reconstruction Project (Contract 00-G) for the estimated total cost of $30,151 25 based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $30,151.25 from Account No 101-707-974-000 (Capital Outlay) for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #235-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 6, 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 one (1) 2000 Dodge compact pickup truck, Model AN1L61, from Snethkamp's Lansing Dodge, 32197 6131 South Pennsylvania, Lansing, Michigan 48911, in the amount of $11,933 47, including delivery, to be assigned to the Public Service Division (Building Maintenance Section), the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446-985-000, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B0000146), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #236-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 13, 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 the following vehicles from Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue, Lansing, Michigan 48911 1 One (1) 2000 Dodge Pickup Truck 4x4, Model BR7L62, in the amount of $20,796 37, including delivery, to be assigned to the Public Service Division (Road Maintenance Section), the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446-985-000, and 2 Two (2) 2000 Dodge Pickup Trucks 2x2, Model BR2L62, in the amount of $18,596 37 each, including delivery, for a total cost of$37,192 74, to be assigned to the Public Service Division (Water and Sewer Maintenance Section), the same to be expended from funds already budgeted for this purpose in Water and Sewer Maintenance Account No 592-559-142-000, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 07160000146), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #237-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 13, 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 two (2) 2000 Dodge Stake 32198 Trucks 4x4, Model BR8L63, from Snethkamp's Lansing Dodge, 6131 South Pennsylvania, Lansing, Michigan 48911, in the amount of $24,257 47 each, including delivery, for a total cost of $48,514 94, to be assigned to the Public Service Division (Road Maintenance Section), the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446-985-000, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 07160000146), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #238-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 6, 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 the following vehicles from Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue, Lansing, Michigan 48911 1 One (1) 2000 Dodge Van, Model AB2L12, in the amount of $15,833 28, including delivery, to be assigned to the Public Service Division (Building Maintenance Section), the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446- 985-000, and 2 Two (2) 2000 Dodge Vans, Model AB2L12, in the amount of $16,083 28 each, including delivery, for a total cost of $32,166 56, to be assigned to the Public Service Division (Water and Sewer Maintenance Section), the same to be expended from funds already budgeted for this purpose in Water and Sewer Maintenance Account No 592-559-142-000, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 07160000146), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended 32199 #239-00 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 9, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 690-99, regarding a request from Imad M George, M D , 28000 Joy Road, Livonia, Michigan 48150, to purchase certain City-owned property located at 28024 Joy Road, the Council does hereby determine to take no further action on this request for the reasons indicated in the aforementioned report and recommendation #240-00 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 9, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 690-99, regarding a request from Imad M George, M D , 28000 Joy Road, Livonia, Michigan 48150, to purchase certain City-owned property located at 28024 Joy Road, the Council does hereby request, in accordance with Council Resolution 300-88, that the Director of Finance prepare specifications and obtain competitive bids for the sale of the property and all competitive bids shall be submitted thereafter to the Council for consideration A communication from Ray Tent, 18051 Deering, Livonia, MI 48150, dated March 9, 2000, re request to transfer the name of John Stymelski, a local war hero, to another park within the city, was received and placed on file for the information of the Council (Petition 00-1-7-1) #241-00 RESOLVED, that having considered a communication from the City Planning Commission, dated March 1, 2000, to which is attached a copy of its Resolution 2-43-2000, adopted on February 29, 2000, in connection with Petition 00-1-7-1, wherein the Commission did amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete the park land designated as John Stymelski Veteran's Park located west of Stark Road and north of Schoolcraft Road in the Southeast 1/4 of Section 21, and to amend Part VII, the Future Land Use Plan, so as to change the designation of the subject property from Recreation/Open Space to Community Service, the Council does hereby certify and acknowledge receipt of same, 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 #242-00 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 2000, which transmits its resolution 2-40-2000, adopted on February 29, 2000, with regard to 32200 Petition 00-1-2-3, submitted by James K Wegerly, on behalf of Pugh Shows, Inc , requesting waiver use approval to conduct a carnival sponsored by the Livonia Rotary Club consisting of amusement rides, games and food concessions from April 20 to April 30, 2000, inclusively, on the north side of Seven Mile Road, between Middlebelt Road and Purlingbrook Road in the Southeast 114 of Section 2, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00-1-2-3 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Pugh Shows, Inc , which are April 20, 2000 through April 30, 2000, inclusive, 2 The proposed carnival operation shall be confined to the area as illustrated on the site plan submitted with this request; 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile Road right-of- way line, 4 That all trucks and other transportation equipment shall be parked or stored within the northwesterly portion of the Livonia Mall parking lot, but no closer than 100 feet from the west property line abutting the Ziegler Place site or 250 feet from the south property line abutting Hunters Brook Condominiums, 5 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m to 7 00 a m , including motors on any refrigeration trucks, 6 That there shall be no living quarters at the location of the stored trucks, 7 That the hours of operation of the carnival shall be as stated in a letter dated January 25, 2000, from James K Wegerly, President of Pugh Shows, Inc , which have been approved by the Police Department, and 8 That access to fire hydrants shall be provided for the Fire Department. #243-00 WHEREAS, the City of Livonia has received a request from Delta Research, received in the Office of the City Clerk on March 27, 32201 2000, proposing the establishment of an Industrial Development District; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish Industrial Development Districts within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 2 15 acres lying in the Southwest 1/4 of Section 27 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 80," NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 80 2 This City Council sets Wednesday, May 10, 2000, at 7 00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above A roll call vote was taken on the foregoing resolutions with the following result: AYES Walsh, Pastor, Duggan Laura, Engebretson, Vandersloot, and Brosnan NAYS None Literature submitted by Council President Maureen Miller Brosnan that describes the "Gateway Park" and "Glen Oaks Village" townhouse developments were received and placed on file for the information of the Council A communication from the Planning Commission, dated April 5, 2000, re 32202 "no valid protest" on the request to rezone property located at the southeast corner of Farmington and Six Mile Roads, submitted by Ward Presbyterian Church, was received and placed on file for the information of the Council (Petition 99-10-1-18) A petition from residents and owners of property abutting to and within 100 feet from the boundary of the former Ward Presbyterian Church site, dated April 5, 2000, re their withdrawal of protest from a previous petition dated March, 2000, to the rezoning of the subject property, was received and placed on file for the information of the Council (Petition 99-10-1-18) A communication from Robert M Geis, 19609 Auburndale, Livonia, MI 48152, dated March 28, 2000, re his opposition to the rezoning of property located on the southeast corner of Six Mile and Farmington Roads, submitted by Ward Presbyterian Church, was received and placed on file for the information of the Council (Petition 99-10-1-18) A communication from the Department of Law, dated April 4, 2000, re a proposed alternate amendment to Zoning Ordinance Petition 99-10-1-18 — Ward Presbyterian Church, Agenda Item 16a of the Regular Meeting of April 5, 2000, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #244-00 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 13, 2000, submitted pursuant to Council Resolution 71-00, with regard to the Ward Evangelical Presbyterian Church property located on the Southeast corner of the intersection of Six Mile and Farmington Roads, between Bloomfield 32203 Drive and Six Mile Road, in the Northwest 1/4 of Section 15, the Council does hereby determine to take no further action on the proposed change of zoning from the RUF Classification to C-1 and R-81I, which was given First Reading at the regular Council meeting of February 23, 2000 Glenn Moon, 34461 Wood Drive, Livonia, MI 48154 spoke to the Council in opposition to the proposed rezoning of property located on the Southeast corner of Six Mile and Farmington Roads, submitted by Ward Presbyterian Church (Petition 99- 10-1-18) Councilmember Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (PETITION 99-10-1-18) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein Councilmember Duggan invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan NAYS Laura The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Duggan seconded by Laura, and unanimously adopted, it was 32204 #245-00 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 13, 2000, submitted pursuant to Council Resolution 773-99, and the report and recommendation of the City Planning Commission, dated October 12, 1999, which transmits its resolution 10-174-99 adopted on October 5, 1999, regarding the issue of signs on multiple stories of commercial buildings, the Council does hereby determine to take no further action on this matter Councilmember Duggan left the podium at 8 27 p m , due to a conflict of interest. Councilmember Engebretson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONA AND AMENDING ARTICLE III OR ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (PETITION 99-10-1-17) 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 Duggan returned to the podium at 8 28 p m Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 145 OF TITLE 10, CHAPTER 66 (VEHICLE EQUIPMENT) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION (6) OF SECTION 2 03 OF ARTICLE II OF ORDINANCE NO tow 32205 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 99-9-6-4) (CR 154-00) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from Jim Moran, General Manager of Westborn Market, 14925 Middlebelt, Livonia, MI 48154, dated April 3, 2000 re postponing their request to hang decorative flags on light poles in their parking lot until the next regular Council meeting, was received and placed on file for the information of the Council On a motion by Laura, seconded by Engebretson, it was RESOLVED, that having considered a letter from Sarkis M Anusbigian, Westborn Market, dated March 6, 2000, requesting permission to hang fourteen (14) 2'6" x 6' decorative flags on various light poles located in the parking lot at 14925 Middlebelt Road, and which flags would be placed in such location until September 30, 2000, the Council does hereby approve and grant this request in the manner and form herein submitted Councilmember Engebretson withdrew his support. Upon consideration of the April 3, 2000 letter from Westborn Market, the subject matter was moved to the next regular Council meeting A communication from the Planning Commission dated March 30, 2000 re the proposed lot split of Mr Layford Wilson, 20250 Fremont, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Vandersloot, it was #246-00 RESOLVED, that having considered a communication from the City Assessor, dated March 9, 2000, approved for submission by the 32205 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 99-9-6-4) (CR 154-00) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from Jim Moran, General Manager of Westborn Market, 14925 Middlebelt, Livonia, MI 48154, dated April 3, 2000 re postponing their request to hang decorative flags on light poles in their parking lot until the next regular Council meeting, was received and placed on file for the information of the Council On a motion by Laura, seconded by Engebretson, it was RESOLVED, that having considered a letter from Sarkis M Anusbigian, Westborn Market, dated March 6, 2000, requesting permission to hang fourteen (14) 2'6" x 6' decorative flags on various light poles located in the parking lot at 14925 Middlebelt Road, and which flags would be placed in such location until September 30, 2000, the Council does hereby approve and grant this request in the manner and form herein submitted Councilmember Engebretson withdrew his support. Upon consideration of the April 3, 2000 letter from Westborn Market, the subject matter was moved to the next regular Council meeting A communication from the Planning Commission dated March 30, 2000 re the proposed lot split of Mr Layford Wilson, 20250 Fremont, was received and placed on file for the information of the Council On a motion Pastor, seconded by Vandersloot, it was #246-00 RESOLVED, that having considered a communication from the City Assessor, dated March 9, 2000, approved for submission by the 32206 Mayor, with regard to a request from Layford Wilson, 20250 Fremont, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby refer the request for dividing and combining Tax Item Nos 46-005-02-0006-002 and 46-005-02-0007-000 into two (2) parcels to the Streets, Roads and Plats Committee A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan NAYS Laura The President declared the resolution duly adopted Mr Layford Wilson 20250 Fremont, spoke to the Council in favor of his request for lot splits (Tax Item Nos 46-005-02-0006-002 and 46-005-02-0007-000) On a motion by Laura, seconded by Walsh, and unanimously adopted, it was #247-00 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 2000, which transmits its resolution 2-41-2000, adopted on February 29, 2000, with regard to Petition 00-1-2-4, submitted by Bill Brown Ford, Inc , requesting waiver use approval in connection with a proposal to provide new vehicle display, used vehicle display and sales, parts storage, body shop and vehicle servicing on property located on the north side of Plymouth Road, between Tech Center Drive and Sears Avenue in the Southwest 1/4 of Section 26, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00-1-2-4 is hereby approved and granted, subject to the following conditions 1 That the site plan, marked Sheet 1 of Job No 9921, prepared by Michael L Priest & Associates, Inc , dated March 30, 2000, is hereby approved and shall be adhered to, 2 That the landscape plan, marked Sheet 2 of Job No 9921, prepared by Michael L Priest & Associates, Inc , as received by the City Council Office on April 3, 2000 is hereby approved and shall be adhered to 32207 3 That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, ,,,. 4 That underground sprinklers are to be provided for all landscaped and sodded areas adjacent to the Plymouth Road right-of-way; 5 That the exterior building elevation plan, marked Sheet A-2, prepared by GAV Associates, Inc., dated January 27, 2000, is hereby approved and shall be adhered to, except that the wall sign shown on the front elevation is not a part of this approval, 6 That the overhead garage doors serving the body shop shall remain closed except when vehicles are entering or exiting the building, 7 That all trash dumpsters, if provided, shall be screened by means of a masonry enclosure with wood gates, 8 That all parking spaces used to satisfy the parking requirement of the subject facility, as specified in Section 18 38 of the Zoning Ordinance, shall be 10' x 20' and double striped, and all parking spaces, except handicapped and display spaces, shall be 10' x 20' in size, 9 That there shall be no outdoor storage of auto parts, equipment, scrap material, debris or other similar items generated by the subject use, 10 That the petitioner shall meet to the Fire Department's satisfaction the following requirements as outlined in a letter from the Fire and Rescue Division of the Department of Public Safety dated February 11, 2000 a) That if any of the subject buildings are to be provided with automatic sprinkler systems, hydrants shall be located between 50 feet and 100 feet from the Fire Department connections, b) That fire hydrants shall be provided on site with spacing consistent with commercial use group, and c) That access around the building shall be provided for emergency vehicles with a turning radius up to 45 feet wall-to-wall and a minimum vertical clearance of 13-1/2 feet; 11 That handicapped parking spaces of the required size and number shall be provided, 32208 12 That the parking lot shall be repaired, where needed, to the satisfaction of the Inspection Department; 13 That the 12 parking spaces and concrete, except driveways, within twenty (20) feet of the Plymouth Road right-of-way line shall be removed, as required by the special waiver use standards set forth in Section 11 03(g)(2) of the Zoning Ordinance, and that area shall be landscaped, and 14 That no signage is approved in connection with this resolution, and the issue of signage is hereby tabled to May 2, 2000, for further review by the Planning Commission with a report and recommendation to the City Council 15 The issue of ingress and egress, deceleration lanes and acceleration lanes shall be revisited by the City Council after input from the Michigan Department of Transportation (MDOT) and Plymouth Road Development Authority (PRDA) A communication from the Department of Public Safety — Division of Police — dated March 30, 2000, re Petition 00-01-02-04 submitted by Bill Brown Ford, which discusses traffic crash history at the Terrace Theater site, and deceleration and acceleration lanes on Plymouth Road, was received and placed on file for the information of the Council A revised site plan submitted by Michael Priest and Associates, dated March 30, 2000, re Petition 00-01-02-04 submitted by Bill Brown Ford, was received and placed on file for the information of the Council John Hillman, a representative from Bill Brown Ford, 32222 Plymouth Road, Livonia, 48150, was present to answer questions of the Council A communication from the Department of Assessment, dated March 20, 2000, re estimated tax revenue for Ward Presbyterian Church property, was received and placed on file for the information of the Council (Petition 99-12-2-32) 32209 On a motion by Duggan, seconded by Pastor, it was #248-00 RESOLVED, that having considered a communication from the City Planning Commission, dated March 10, 2000, which transmits its resolution 2-42-2000, adopted on February 29, 2000, with regard to Petition 99-12-2-32, submitted by Phoenix Land Development requesting waiver use approval to construct a Planned Residential Development on the southeast corner of Six Mile Road and Farmington Road (the former Ward Evangelical Presbyterian Church site) between Bloomfield Drive and Six Mile Road in the Northwest 1/4 of Section 15, which property is currently zoned RUF and proposed to be rezoned to R-81I, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 99-12-2-32 is hereby approved and granted, subject to the following conditions 1 That the site plan, marked Sheet 1, Job Number 97-5-23, prepared by Basney & Smith, Inc , dated March 16, 2000, is hereby approved and shall be adhered to, except that the total number of dwelling units shall be limited to 110, 2 That the landscape plan, referenced as Job Number LS 2 00 36A, prepared by Calvin Hall & Associates, dated March 15, 2000, is hereby approved and shall be adhered to, 3 That all planted material shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Townhouse/Ranch Unit Elevations Plan (Front, Rear, and Right and Left Side Elevations), marked Sheet B1-4, prepared by Barton & Associates, dated November 26, 1996, is hereby approved and shall be adhered to, 5 That the Building Elevation sheet for the Modified Townhouse/Ranch Unit Buildings (Front, Rear and Right and Left Side Elevations), prepared by Barton & Associates, dated January 28, 2000, is hereby approved and shall be adhered to, 6 That all brick used in the construction of the buildings shall be full- face four (4") inch brick, no exception, 7 That a plan for identification signage shall be submitted for approval within 30 days following approval of this petition by the City Council, 8 That all electrical/gas meters shall be installed on the side or rear of the buildings and shall be shielded with landscaping, 32210 9 That there shall be a re-evaluation of color of the siding at Council level, 10. That the site plan should be revised to show Building #8 be lined up evenly with Building #7 along Farmington Road. A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Duggan, Engebretson, Vandersloot and Brosnan NAYS Walsh and Laura The President declared the resolution duly adopted Mr Schafer, representative of Phoenix Land Development, thanked the Council for their guidance re the project to construct a Planned Residential Development on the southeast corner of Six Mile and Farmington Roads (the former Ward Presbyterian Church site — Petition 99-12-2-32) Council President Brosnan passed the gavel to Vice-President Vandersloot at 9 03 p m She also spoke to the Council in support re the project to construct a Planned Residential Development on the southeast corner of Six Mile and Farmington Roads (the former Ward Presbyterian Church site — Petition 99-12-2-32). Bruce Genga, 16750 Farmington Road, and Mike Siterka, 16831 Bell Creek Lane, Livonia, MI 48154 both spoke supporting the project to construct a Planned Residential Development on the southeast corner of Six Mile and Farmington Roads (the former Ward Presbyterian Church site — Petition 99-12-2-32) The gavel was returned to Council President Brosnan at 9 09 p m On a motion by Duggan, seconded by Pastor, it was #249-00 RESOLVED, that having considered a communication from the City Planning Commission, dated March 10, 2000, which transmits its resolution 2-44-2000 adopted on February 29, 2000, with regard to Petition 99-12-8-32 submitted by Phoenix Land Development Company, on behalf of Walgreen's, requesting site plan approval in connection with a proposal to construct a commercial building on property located at 17000 Farmington Road in the Northwest 1/4 of Section 15, 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 99-12-8-32 is hereby approved and granted, subject to the following conditions 32211 1 That the site plan marked Sheet 1, with a revised date of February 24, 2000, prepared by Basney & Smith, Inc., is hereby approved and shall be adhered to, ism 2 That the landscape plan, as received by the Planning Commission on March 20, 2000, prepared by Calvin Hall & Associates, is hereby 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, with a revised date of March 10, 2000, prepared by Wah Yee Associates, is hereby approved and shall be adhered to, except that the brick soldier course shall be replaced with precast limestone; 6 That the brick used in the construction of the building shall be full-face four (4") inch brick, no exception, 7 That all mechanical rooftop equipment shall be screened from view; 8 That the three walls of the trash dumpster or compactor 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, 9 That the protective screen wall along the south and east property lines shall be continuous and constructed out of the same brick used in the construction of the building, 10 That all light standards shall be shielded from the adjacent properties and shall not exceed 16 feet in height, 11 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 12 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated February 17, 2000 32212 - that all handicap spaces shall be identified and comply with the Michigan Barrier Free requirements, - that all parking spaces shall be double striped, - that all standard parking spaces shall be 10'x 20', and - that the Petitioner shall comply with the recommendations of the Inspection Department as outlined in its letter dated February 17, 2000 A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan NAYS Laura The President declared the resolution duly adopted On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was #250-00 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, the Director of Public Works and the Public Utility Manager, dated March 21, 2000, approved by the Director of Finance and approved for submission by the Mayor, wherein it is recommended that the Council authorize increases in existing water and sewer consumption rates and industrial surcharge rates and decreases in industrial waste control charges, the Council does hereby request that the Department of Law prepare an appropriate Ordinance amendment to the following Sections of the Livonia Code of Ordinances for submission to Council 1 Amend Title 13, Chapter 20, Section 120 D 1 to increase the Wayne County wastewater disposal charge from $13 47 to $14.20 (per 1000 cubic feet of water used), effective with the first billing on and after July 1, 2000 2 Amend Title 13, Chapter 8, Section 040, to increase the water consumption rate from $11 05 to $11 57 (per 1000 cubic feet), effective with the first billing on and after July 1 , 2000 3 Amend Title 13, Chapter 20, Table 13 20 120 to decrease the industrial waste control meter charges as follows 32213 NON RESIDENTIAL METER SIZE (inches) MONTHLY CHARGE 5/8 Decrease from $3 73 to $2 72 3/4 Decrease from $5 59 to $4 08 1 Decrease from $9 32 to $6 80 1-1/2 Decrease from $20 50 to $14 97 2 Decrease from $29 82 to $21 77 3 Decrease from $54 05 to $39 46 4 Decrease from $74 55 to $54 43 6 Decrease from $111 82 to $81 64 8 Decrease from $186 37 to $136 07 10 Decrease from $260 92 to $190 50 12 Decrease from $298 19 to $217 72 14 Decrease from $372 74 to $272 15 16 Decrease from $447.29 to $326 58 18 Decrease from $521 83 to $381 01 20 Decrease from $596 38 to $435 43 24 Decrease from $670 93 to $489 86 30 Decrease from $745 48 to $544.29 36 Decrease from $820 02 to $598 72 48 Decrease from $894 57 to $653 15 4 Amend Title 13, Chapter 28, Section 050, to increase the industrial surcharge rates as follows Dollars/pound for treating BOD (Biochemical Oxygen Demand) in excess of 275 mg/I - Increase from $0 112 to $0 249 Dollars/pound for treating TSS (Total Suspended Solids) in excess of 350 mg/I - Increase from $0 146 to $0.280 Dollars/pound for treating P (Phosphorus) in excess of 12 mg/I - Increase from $1 438 to $2 678 Dollars/pound for treating FOG (Fats, Oils & Grease) in excess of 100 mg/I - Increase from $0 067 to $0.206 A communication from Department of Public Works, Public Service Division, dated March 30, 2000 re the recommendation of not having the availability of installing separate water meters for irrigation purposes, was received and placed on file for the information of the Council 32214 On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. #251-00 RESOLVED, that the Council does hereby refer the subject of meter separation for irrigation purposes to the Water, Sewer and Waste Committee for its report and recommendation On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was #252-00 RESOLVED, that having considered a communication from the City Treasurer dated April 3, 2000, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Treasurer's letter dated April 3, 2000, is included herein by reference, which work was done pursuant to Council Resolution 172-99 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 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, and 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 City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution 32215 Three (3) new applications, dated March 4, March 20, and March 28, 2000 for installment payments on sidewalk assessment were filed by Gayle Di Rezze, RocheII Peters and Dennis Dill respectively, were received and placed on file for the information of the Council A communication from the Office of the Treasurer, dated April 3, 2000, re single lot assessments in the 1999 Miscellaneous Sidewalk Program, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Vandersloot, it was #253-00 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated January 13, 2000, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by McLeod USA Inc., and the Council having conducted a public hearing with regard to this matter on Wednesday, March 1, 2000, pursuant to Council Resolution 55- 00, the Council does hereby approve said application and does hereby grant a Telecommunications Permit to McLeod USA, Inc., subject to the following conditions 1 That permittee shall submit engineering plans showing all existing features and the exact proposed location for buried or overhead cable within any public right-of-way under the jurisdiction of the City of Livonia prior to the issuance of a construction permit; 2 That appropriate construction bonds in amounts established by the City Engineer shall be posted prior to issuance of a construction permit; and 3 That permitee shall pay the annual fees set forth in Council Resolution 112-99 for use of the public rights-of-way and shall further pay any annual fees as recalculated by the City Council upon completion of the Plante and Moran study A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Engebretson and Vandersloot NAYS Laura and Brosnan 32216 The President declared the resolution duly adopted A communication from the Department of Public Safety, Police Division, dated April 4, 2000, re their support for approval of a Telecommunications Permit for McLeod USA was received and placed on file for the information of the Council (CR 55- 00 and CR 213-00) A communication from Department of Public Works, Engineering Division, dated March 28, 2000, re amendments to the McLeod USA, Inc. Telecommunications Permit Application, was received and placed on file for the information of the Council A communication from the Clarenceville School District, dated April 3, 2000, re their support for approval of a Telecommunications Permit for McLeod USA was received and placed on file for the information of the Council (CR 55-00 and CR 213-00) On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was #254-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Technicolor Videocassette of Michigan, Inc , dated January 24, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District No 72, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Technicolor Videocassette of Michigan, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m on Monday, March 20, 2000, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 32217 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Technicolor Videocassette of Michigan, Inc., finds and determines. (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Technicolor Videocassette of Michigan, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 72 for 12 years. 3 That in accordance with the requirements of Section 22, Act 168, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process Applications for Industrial Facility Exemption Certificates Mr Michael Karol, a representative from Ashley Capital, thanked the Council for their help and support re the issue of his company's application for an Industrial Facilities Exemption Certificate for Technicolor Videocassette of Michigan, 28301 Schoolcraft Road, Ste 300, Livonia, 48150 (CR 93-00, IDD #72) On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was #255-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Roush Technologies, Inc., dated January 26, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District No 51, and 32218 WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Roush Technologies, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m on Monday, March 20, 2000, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Roush Technologies, Inc , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Roush Technologies, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 51 for 10 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process Applications for Industrial Facility Exemption Certificates On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #256-00 RESOLVED, that having considered a communication from the City Planning Commission, dated January 28, 2000, which sets forth its resolution 1-14-2000 adopted on January 25, 2000, with regard to 32219 Petition 99-12-1-21, submitted by James M Szkrybala, on behalf of Barbara Murphy-McEwen, for a change of zoning of property located on 1 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 RC, aft. and the Council having conducted a Public Hearing with regard to this matter on Monday, March 20, 2000, pursuant to Council Resolution 95-00, the Council does hereby approve Petition 99-12-1-21 for preparation of the Ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution Councilmember Duggan left the podium at 9 33 p m due to a conflict of interest. On a motion by Laura, seconded by Pastor, it was #257-00 RESOLVED, that having considered a communication from the City Planning Commission, dated January 28, 2000, which sets forth its resolution 1-13-2000, adopted on January 25, 2000, with regard to 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, and the Council having conducted a public hearing with regard to this matter on Monday, March 20, 2000, pursuant to Council Resolution 95-00, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Waish, Pastor, Laura, Engebretson and Brosnan NAYS Vandersloot The President declared the resolution duly adopted Councilmember Duggan returned to the podium at 9 46 p m A communication from Leo Soave, the builder who submitted Petition 99- 11-1-20 for a change of zoning on property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road, dated March 24, 2000, re his desire to 32220 have his petition be referred to the Committee of the Whole and his plans to revise his development plans, was received and placed on file for the information of the Council Thirty-seven letters of opposition to the proposed change of zoning on property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road, submitted by Leo Soave Builders, was received and placed on file for the information of the Council (Petition 99-11-1-20) The following persons spoke in opposition to the change of zoning in Petition 99-11-1-20 for a change of zoning on property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road Leonard Bores 30606 Munger, Livonia, 48154 Lisa Asquini 29628 Munger, Livonia, 48154 Jay Asquini 29628 Munger, Livonia, 48154 Lance Boyd 16944 Oporto, Livonia 48154 John Bartus 30069 Munger, Livonia 48154 On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was #258-00 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 #259-00 RESOLVED, that having considered a communication from the Department of Law, dated March 29, 2000, approved for submission by the Mayor, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purpose of discussing the damage claim filed by Mr Keith Jed and attorney/client privileged communications A roll call vote was taken on the foregoing resolution with the following result. 32221 AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and Brosnan NAYS None The President declared the foregoing resolution duly adopted On a motion by Engebretson, seconded by Duggan and unanimously adopted, it was #260-00 RESOLVED, that having considered a communication from the Department of Law, dated April 3, 2000, approved for submission by the Mayor, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purpose of discussing pending litigation and attorney/client privileged communications with respect to Danowski v City of Livonia A roll call vote was taken on the foregoing resolution with the following result. AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and Brosnan NAYS None The President declared the foregoing resolution duly adopted On a motion by Duggan, seconded by Engebretson, and unanimously adopted, this 1414th Regular Meeting of the Council of the City of Livonia was adjourned at 9 50 p m , April 5, 2000 C(7:0-07/ j171,�/L k II / ,J4an McCotter, City Clerk