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HomeMy WebLinkAboutCOUNCIL MINUTES 1997-03-26 30086 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FORTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 26, 1997, 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 7 59 p m. Councilmember McGee delivered the invocation Roll was called with the following result: Michael P McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, and Joe Laura. Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; H Shane, Assistant City Planner; Robert J Beckley, Director of Public Works, Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, James Andres, Chief Accountant; John Fegan, Director of Inspection, Ronald Reinke, Superintendent of Parks and Recreation, Linda McCann, Director of Community Resources, and Kevin Roney, Public Utility Manager On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #212-97 RESOLVED, that the minutes of the 1,340th Regular Meeting of the Council of the City of Livonia, held March 12, 1997, are hereby approved as submitted Councilmember Feenstra wished his wife, Barbara, a "Happy Birthday " On a motion unanimously introduced, seconded and adopted, it was #213-97 WHEREAS, the City of Livonia was again recognized as a city of quality when one of its distinguished citizens, Gordon W St. John, coached Redford Catholic Central High School to the Michigan Class A Hockey Championship, and WHEREAS, in posting a record of 25 wins, 1 loss, and 1 tie, the team was consistently rated as the #1 team in the state, and 30087 WHEREAS, Coach St. John was an outstanding professional hockey player, head coach of Detroit Country Day, assistant coach of Catholic Central, coach of the Cranbrook Cranes, and now as head coach of Redford Catholic Central, and WHEREAS, Gordon W St. John continues to serve the City of Livonia as a member of the Traffic Commission and with his wife, Linda, protector of Rotary Park, and WHEREAS, Gordon W St. John is annually recognized by his peers as Chief Executive Officer of Bosquett and Company, Treasurer of the St. John Insurance Agency of which he is consistently recognized with superior gold performance awards NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Livonia unanimously adopt this resolution of congratulations to Gordon W St. John for the successes and the superb recognition this brings to the citizens of the City of Livonia Mayor Kirksey stated that the City is continuing to negotiate with Ameritech with regard to the three (3) area codes proposed for Livonia. Bob Beckley, Director of Public Works, then gave an update on the damage incurred from the ice storm of March 14, 1997, and the City's efforts to clean up the problem areas During audience communication, George Boller, 36270 Hammer, stated that the storm debris was still not cleaned up near his home He also complained of the lack of Police presence at the major intersections where traffic lights had failed due to the ice storm A communication from the Department of Finance, dated March 6, 1997, re. forwarding the various financial statements of the City of Livonia for the month ending December 31, 1996, was received and placed on file for the information of the Council A communication from the Department of Finance, dated March 13, 1997, re forwarding the various financial statements of the City of Livonia for the month ending January 31, 1997, was received and placed on file for the information of the Council 30088 At the direction of the Chair, Item #5 was removed from the Consent portion of the Agenda On a motion by Taylor, seconded by Feenstra, it was #214-97 RESOLVED, that having considered a letter from Deborah Antosiewicz, St. Edith School, dated March 5, 1997, which requests permission to place signs announcing a rummage sale to be conducted on Friday, April 25, 1997, which signs would be installed on April 18, 1997, and removed on April 25, 1997, and would consist of one 4'x 4' sign in front of St. Edith School and several 2' x 1' signs at the following intersections 1-96 and Inkster, N E corner 1-96 and Middlebelt, N E corner 1-96 and Merriman, N E corner 1-96 and Farmington, N E corner 1-96 and Levan, N E corner 1-96 and Newburgh, N E corner 1-275 and Six Mile, Northbound exit Plymouth and Middlebelt, N W corner Seven Mile and Middlebelt, S W corner Seven Mile and Farmington, S W corner Eight Mile and Haggerty, S E corner Newburgh and Eight Mile, S W corner Newburgh and Seven Mile, S W corner Newburgh and Six Mile, S W corner Newburgh and Five Mile, S W corner the Council does hereby approve and grant this request in the manner and form herein submitted #215-97 RESOLVED, that having considered a communication from the City Clerk, dated February 24, 1997, requesting that Sections 1 08 070 and 1 08 071 of the Livonia Code of Ordinances be amended to reflect the boundary changes in Precincts 8A and 8B arising from the addition of the Caliburn Estates Subdivision No 3, the Council does hereby refer this matter to the Department of Law to prepare the appropriate ordinance amendments to Sections 1 08 070 and 1 08 071 of the Livonia Code of Ordinances for submission to Council #216-97 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 6, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the City's participation in the purchase of a driving simulator system known as Advanced Mobile Operations Simulator from Doran Precision Systems, P 0 Box 400, 30089 Binghampton, New York 13902, through the consortium formed by the Police Departments of West Bloomfield, Farmington Hills, Farmington and Livonia, in the amount of $37,282 07 (City of Livonia's share), FURTHER, the Council does hereby appropriate and authorize a transfer of funds from the Unexpended Fund Balance Account No 265-009-699- 999 (Adjudicated Forfeitures monies) to the Adjudicated Forfeitures Capital Outlay-Other Equipment Account for this purpose, FURTHER, the Council does hereby determine to authorize the City's participation in the purchase of said item 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 Inspection Department, dated February 26, 1997, re administrative response to CR 111-97 - the disposal of ice by Joe's Produce, located at 33100 Seven Mile Road, was received and placed on file for the information of the Council #217-97 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated February 24, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Charles R. Mueller & Sons, Inc., 21500 Gratiot, Eastpointe, Michigan 48021, for supplying the Department of Parks and Recreation with one (1) Zamboni for a net price of $51,995 00, based on a total price of$61,995 00 less trade-ins of $10,000 00, the same having been in fact the lowest and only bid received and meets specifications #218-97 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated February 27, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Wayne Oakland Development, Inc , P 0 Box 87642, Canton, Michigan 48187, for completing all work required in connection with the construction of the Ford Field Press Box and Storage Building for the sum of $47,649 00, the same having been in fact the lowest bid received which meets all specifications, and the bid of Robert Green Building Co , Inc., is hereby rejected for the reasons indicated in the aforementioned report and recommendation, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $47,649 00 from funds already budgeted for this purpose in Ford Field Trust Account No 702-000-285-121 ($11,983 00) and Capital Outlay Account No 101-709-987-000 ($35,666 00), 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 30090 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 #219-97 RESOLVED, that having considered a report and recommendation from the Director of Public Works, dated March 5, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Turf Equipment, 149 N Perry Street, Pontiac, Michigan 48342, for supplying the Public Service Division (Park Maintenance Section) with one (1) deep tine aerifier in the amount of $17,900 00, the same having been in fact the lowest and only bid received and meets specifications #220-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 27, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bid of Suburban Transport, Inc., 54630 Pontiac Trail, Milford, Michigan 48381, which meets specifications, for supplying the Public Service Division (Road Maintenance Section) with materials specified at the unit prices bid per ton for the period April '1, 1997, through March 31, 1998 M D 0 T - 21AA - Limestone $ 6 25 per ton MDOT - 22A - DTY 510 per ton MD OT - 22A - S OR. 510 per ton W C R.C - 3A - DTY 9 67 per ton MD OT - 25A - DTY (Slag) 1087 per ton MDOT - 31A - DTY 895 per ton W C R.C - 3X - DTY 7 93 per ton W C R.C - 22X - DTY 5 08 per ton W C R.0 - 30A - D T Y 733 per ton MDOT - 9A - DTY 765 per ton M D O T - 9A - S O R. 7 65 per ton MDOT - 21A - DTY 604 per ton MDOT - 21A - SOR. 604 per ton M D 0 T - 25A - DTY (Stone) 9 22 per ton W C R.0 - Porous Backfill - Grade A - D TY 3 46 per ton W C R.0 - Porous Backfill - Grade B - DTY 5 30 per ton W C R.0 - 2NS - Natural Sand - DTY 4 94 per ton W C R.0 - 2MS - Mortar Sand - DTY 7 90 per ton 60-40 Washed - Conc. Aggregates - D T Y 7 94 per ton Pea Gravel - DTY 8 34 per ton #221-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 4, 1997, which bears the signature of the Director of Finance and is approved for 30091 submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service L Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 1997, through April 30, 1998 1 Nagle Paving Company, 30630 West 12 Mile Road, Suite A, Farmington Hills, Michigan 48334 12WM Asphaltic Concrete - $26 50 per ton 1100 Asphaltic Concrete - $22 50 per ton 2 Ajax Materials Corp , One Ajax Drive, P 0 Box 317, Madison Heights, Michigan 48071 Cold Patch Asphaltic Material - Pave 192, delivered - $31 84 per ton 3 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti, Michigan 48197 Cold Patch Material (Q P R. or U P M ), delivered - $51 49 per ton L FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 1997, through April 30, 1998 1 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti, Michigan 48197 12WM Asphaltic Concrete - $23 50 per ton Cold Patch Asphaltic Material - Pave 192, delivered - $33 24 per ton 2 Asphalt Products Corporation, 27575 Wixom Road, Novi, Michigan 48374 1100 Asphaltic Concrete - $20 50 per ton Cold Patch Material (Q P R. or U P M ), delivered - $52 00 per ton iii. #222-97 RESOLVED, that having considered a communication from the Director of Public Works, dated February 27, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Wink Chevrolet Co , 30092 10700 Ford Road, Dearborn, Michigan 48126, for supplying the Public Service Division (Water and Sewer Maintenance Section) with one (1) 1997 cab and chassis with 10-12 yard dump body for a net price of $67,995 00, based on a total price of $74,595 00 less trade-in of $6,600 00, the same having been in fact the lowest bid received and meets all specifications #223-97 RESOLVED, that having considered a communication from the Director of Public Works, dated February 26, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the low bid which meets specifications of Plymouth Concrete, Inc., 600 Junction Street, Plymouth, Michigan 48170, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 1997, through March 31, 1998, for an estimated total amount of$60,950 00; FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second lowest bid which meets specifications of Fendt Transit Mix, Inc., 43443 Flint Street, Novi, Michigan 48375, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 1997, through March 31, 1998, for an estimated total amount of $64,500 00 #224-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 4, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc., 487 W Division Street, Sparta, Michigan 49345, for supplying the Public Service Division (Park Maintenance Section) with two (2) 62" recycler mowers for a net price of $16,200 00, based on a total price of $20,400 00 less trade-ins of$4,200 00, the same having been in fact the lowest bid received which meets all specifications, and the bids of Carefree Distributors and Wm. F Sell & Son, Inc. are hereby rejected for the reasons indicated in the attachment. #225-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 24, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Wm F Sell & Son, Inc., 16555 S Telegraph Road, Taylor, Michigan 48180, for supplying the Public Service Division (Park Maintenance Section) with one (1) all purpose tractor for a net price of $22,934 00, based on a total price of$25,209 00 less trade-in of $2,275 00, the same having been in fact the lowest and only bid received and meets specifications #226-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 24, 30093 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and a communication from Allie Brothers, dated February 12, 1997, wherein it is indicated that Allie Brothers has offered to hold the prices bid in 1995 through July 30, 1998, the Council does hereby accept such offer of Allie Brothers, 20295 Middlebelt, Livonia, Michigan 48152, for supplying the Department of Public Works with foul weather garments at the same unit prices previously accepted in Council Resolution 513-95 (unit prices bid June 29, 1995, and as extended by Council Resolution 486-96) for a total estimated price of $26,642 94, FURTHER, the Council does hereby authorize the said purchase 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 #227-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Public Utility Manager, and the Chairman of the Water and Sewer Board, dated March 6, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a one-year extension of the existing contract with ADS Environmental Services, Inc., 5025 Bradford Boulevard, Huntsville, Alabama 35805, commencing November 1, 1996, to maintain six sanitary sewer flow meters at various locations throughout the City at a cost of $295 00 per meter per month for a total annual cost of$21,240 00; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #228-97 RESOLVED, that having considered a communication from the Director of Public Works (in his capacity as Street Administrator), dated March 6, 1997, which bears the signature of the Director of Finance, approved for submission by the Mayor, and submitted pursuant to Section 13(6)a of Act 51, of the Public Acts of Michigan of 1951, as amended with regard to the transfer of funds for the fiscal year 1996-97 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for the Major Street System to be used on the Local Street System, and the City Clerk and Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #229-97 RESOLVED, that having considered a communication from the Director of Public Works (in his capacity as Street Administrator), dated March 6, 1997, which bears the signature of the Director of Finance, approved for submission by the Mayor, and submitted pursuant to Section 13(6)b of Act 51 of the Public Acts of Michigan of 1951, as amended with regard to the transfer of funds for the fiscal year 1996-97 30094 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $600,000 from those funds designated for use on the Major Street System to be used on the Local Street System, and the City Clerk and Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #230-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 5, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Scodeller Construction, Inc., P 0 Box 448, South Lyon, Michigan 48178, for completing all work required in connection with the 1997 Pavement Joint and Crack Sealing Program (Contract 97-G) for the estimated total cost of $121,010 00, which is the total amount for Proposal A (Hot Poured) and Proposal B (Over Band), based on the Engineering Department'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 $115,311 00 from the Michigan Transportation Fund for this purpose as follows $19,600 00 as originally budgeted in Account No 202-463-818-117 (Major Roads) and $95,711 00 as originally budgeted in Account No 203-463-818-117 (Local Roads), FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $5,699 00 as originally budgeted in Account No 101-463-974-000 (Noble and Sandburg Library Parking Lots) 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 for and on behalf of the City of Livonia to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #231-97 RESOLVED, that Livonia Builders, Inc., 35189 Vargo, Livonia, MI 48152, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Glenn's Farm Subdivision, to be located on the north side of Six Mile Road between Merriman Road and Stamwich Boulevard in the Southeast 1/4 of Section 11, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated October 30, 1996, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on October 15, 1996, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated March 7, 30095 1997, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, 30096 (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts A. General Improvement Bond $105,380 00 of which at least $ 10,000 00 shall be in cash B Grading & Soil Erosion $ 600 00 cash C Entrance Markers and $ 9,000 00 of which at least Landscaping $ 3,000 00 shall be in cash D Monuments & Lot Markers $ 500 00 (all cash) and require cash payments in the total amount of$10,075 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision, FURTHER, the Council does hereby, pursuant to Section 16 24 340 of the Livonia Code of Ordinances, waive and modify the improvement requirements set forth in Section 16 24 120 of the aforesaid ordinance relative to sidewalks for the reason that such improvement would cause undue hardship in this case, and for the further reason that such requirement would not appear to be consistent with the overall development of this area, and accordingly, would not be necessary or otherwise in the best interests of the City #232-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 5, 1997, which is approved by the Director of the Housing Commission and the Superintendent of Parks and Recreation, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Core Concrete Construction, Inc., 31088 Grennada, Livonia, Michigan 48154, for completing all work required in connection with the 1997 Sidewalk Program (Contract 97-J) for the estimated total cost of$258,468 25 based upon the Engineering Department's estimate of units involved, Iwo and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council does hereby determine the aforesaid bid to be a better bid than the bid submitted by T H B Building and Developing Co for the reasons indicated in the aforesaid communication, and the action taken herein 30097 being made in accordance with Section 3 04 140E of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the City Clerk's office to return the bid bond submitted by Lacaria Concrete Construction in connection with the 1997 Sidewalk Program for the reasons outlined in their letter dated March 4, 1997, FURTHER, the Council does hereby authorize an advance in the amount of $117,976 25 from the General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby appropriate and authorize an expenditure in the additional amount of $91,450 00 from the Michigan Transportation Fund ($47,650 00 from the Local Road Account and $43,800 00 from the Mayor Road Account) to pay for the City's portion of this contract; FURTHER, the Council does further authorize from funds previously budgeted the amount of $12,097 20 from Account No 101-720-987-000, $11,737 30 from Account No 101-721-987-000 and $7,447 50 from Account No 101-717-987-000 to pay for certain pavement repairs at Botsford Pool, Clements Circle Pool and Rotary Park, respectively; FURTHER, the Council does hereby authorize the expenditure in the amount of $10,000 00 from Fund No 295 of the Housing Silver Village Account and $6,360 00 from Fund No 296 of the Housing Newburgh Village Account and $1,400 00 from Account No 101-463-974-000 for the internal sidewalk at Noble Library as part of the 1997 Sidewalk Program, 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 #233-97 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated February 26, 1997, approved for submission by the Mayor, and to which is attached a report containing a brief explanation of the 1997-98 Community Development Block Grant (CDBG) Program, the Council does hereby take this means to indicate its informal approval of the proposed program with a revision of the Public Services Category for the proposed year 1997- 1998 as follows Senior Van Transportation $57,000 Hegira Programs 22,000 First Step 13,000 Emergency Assist. Program 3,000 30098 and does further authorize the conducting of a public hearing on this matter for public comment so that thereafter a final program and budget will be prepared for submission to the City Council #234-97 RESOLVED, that having considered a communication from the City Planning Commission, dated March 6, 1997, which transmits its resolution 3-39-97, adopted on March 4, 1997, with regard to Petition 97- 2-2-1, submitted by Residence Inn by Marriott, Inc., requesting waiver use approval to utilize a Class C license (corrected to read Class B Hotel and SDM license with Sunday Sales and Outdoor Service) in connection with a proposed hotel to be located on the east side of Fox Drive between Haggerty Road and the 1-275/96 Expressway north of Six Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-4, the Council does hereby concur in the recommendation made by the City Planning Commission (as corrected to refer to Class B Hotel and SDM license with Sunday Sales and Outdoor Service) and Petition 97-2-2-1, as revised, is hereby approved and granted. #235-97 RESOLVED, that having considered a communication from Councilmember Gerald D Taylor, dated March 10, 1997, regarding a proposed amendment to Section 23 05 of the Livonia Zoning Ordinance to shorten the length of time between receipt of a petition to a recommendation being made to the City Council by the Planning Commission from 90 days to 60 days, and in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer and request that the City Planning Commission conduct a public hearing on the question of whether such amendment should be made to the Livonia Zoning Ordinance, and thereafter submit a report and recommendation to Council A roll call vote was taken on the foregoing resolutions with the following result: AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura NAYS None On a motion by Brosnan, seconded by McGee, and unanimously adopted, it was #236-97 RESOLVED, that the Council does hereby request a report and recommendation from the Inspection Department within 30 days of the date of this meeting updating the March 25, 1997, memorandum from same on the subject of the concerns of residents of Sheffield Estates regarding the Pines of Winfield Subdivision and Mr Del Sisler's letter dated January 14, 1997 30099 A communication from the Inspection Department, dated February 28, 1997, re administrative response to CR 80-97 - concerns of residents of Sheffield Estates regarding the Pines of Winfield Subdivision (Mr Del Sisler's letter dated January 30, 1997) -was received and placed on file for the information of the Council A communication from the Inspection Department, dated March 25, 1997, re additional information on the concerns of residents of Sheffield Estates regarding the Pines of Winfield Subdivision (Mr Del Sisler's letter dated January 14, 1997), was received and placed on file for the information of the Council (CR 80-97) No action was taken re Petition 94-12-2-35 by Jack M. Freij to utilize an SDD license for an existing store located within the Merri-Five Shopping Center on the north side of Five Mile Road between Merriman Road and Bainbridge Avenue in the Southwest 1/4 of Section 14, which property is zoned C-2 (CR 146-95) (Agenda Item #24a) On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #237-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 10, 1997, submitted pursuant to Council Resolution 66-96, and a letter dated February 18, 1997, from Alexandra Sakellaris, Bobby's Country House, Inc., 35780 West Five Mile, Livonia, Michigan 48154, with regard to plans for re-establishing a restaurant at this location at the Idyl Wyld Golf Course Clubhouse, the Council does hereby determine to take no further action on this matter A communication from the Inspection Department, dated March 20, 1997, re current maintenance issues regarding Bobby's Country House, located at 35780 Five Mile Road, was received and placed on file for the information of the Council 30100 A communication from the Department of Finance, dated March 20, 1997, re update of rental report on Bobby's Country House for the period of December 1, 1986 to February 28, 1997, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #238-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 10, 1997, submitted pursuant to Council Resolution 90-97, and a communication from the Director of Finance, dated January 13, 1997, approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and Karoub Associates, 200 North Capitol Avenue, Suite 500, Lansing, Michigan 48933, to act as the City's legislative consultant for the period January 1, 1997, through December 31, 1997, for an annual fee of$24,000 00, including all expenses, this Council does hereby approve the agreement, as revised, which includes enhanced duties as outlined in a letter from Karoub Associates, dated March 19, 1997, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said agreement, subject to approval as to form by the Department of Law On a motion by Brosnan, seconded by Feenstra, and unanimously adopted, it was. #239-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 10, 1997, submitted pursuant to Council Resolution 90-97, the Council does hereby refer the subject of the development of a list of priorities to be carried out by the legislative consultant, Karoub Associates, to the Legislative Committee for its report and recommendation On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #240-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 10, 1997, submitted pursuant to Council Resolution 90-97, and a communication from the Director of Finance, dated January 13, 1997, approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and Karoub Associates, 200 North Capitol 30101 Avenue, Suite 500, Lansing, Michigan 48933, to act as the City's legislative consultant for the period January 1, 1997, through December 31, 1997, for an annual fee of $24,000 00, including all expenses, the Council does hereby refer the subject of the preparation of a revised agreement to expand the list of duties of the legislative consultant set forth in the agreement to encompass other legislative matters including but not limited to property tax issues, cellular towers, micro-breweries, revenue sharing, video gaming, etc., to the Department of Law, the same to thereafter be submitted to Council for further consideration. On a motion by Vandersloot, seconded by Taylor, and unanimously adopted, it was: #241-97 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 11, 1997, submitted pursuant to Council Resolution 25-97, and a communication from Councilmember Val Vandersloot, dated December 16, 1996, with respect to the subject of a review of the City's current and future plans for soccer programs, fields, fees, etc., the Council does hereby refer the subject of the possibility of entering into discussions with the Livonia Public Schools about the use of school lands for soccer programs in Livonia to the Mayor for a report and recommendation. On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was. #242-97 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 11, 1997, submitted pursuant to Council Resolution 25-97, and a communication from Councilmember Val Vandersloot, dated December 16, 1996, with respect to the subject of a review of the City's current and future plans for soccer programs, fields, fees, etc., the Council does hereby refer the subject of the use of Livonia school property for soccer programs in Livonia to the City Council/Schools Liaison Committee for its report and recommendation On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #243-97 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 11, 1997, submitted pursuant to Council Resolution 91-96, concerning the subject of the proposed renovation of the Alexander Blue House, and Council Resolution 401-96 regarding the marketing potential of the Alexander Blue House, the Council does hereby request that the Director 30102 of Finance submit a report to Council detailing the breakdown of City funds spent for park maintenance at different City parks and facilities, FURTHER, the Council does hereby determine that the subject of the Alexander Blue House renovation shall remain in committee for further consideration. On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was. #244-97 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 11, 1997, submitted pursuant to Council Resolution 1143-96, with respect to the subject of Greenmead, the Council does hereby request that the Director of Finance submit a report to the Council recommending a possible source of funds up to $5,000 00 for a feasibility study of future uses for Greenmead; FURTHER, the Council does hereby direct that this subject matter shall remain in committee for further consideration. Taylor gave first reading to the following Ordinance AN ORDINANCE ADDING ARTICLE 3 TO CHAPTER 24 (DEPARTMENT OF PUBLIC WORKS), TITLE 2 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 Taylor 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 McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION (j) OF SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE 30103 NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 96-2-6-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Taylor took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE ADDING SECTION 18.61 TO ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 96-10-6-5) A roll call vote was taken on the foregoing Ordinance with the following result: AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #245-97 RESOLVED, that having considered a letter dated March 5, 1997, from James C McCann, Attorney at Law, representing Michael Hamilton, President of Mesquite, Inc., and a subsequent communication from James C McCann, dated March 17, 1997, requesting approval of an application for a new full-year, on-premise Michigan Liquor Control Commission Class C liquor license (with licensees to be Michael I Hamilton and Robert J Bernardi) for a restaurant to be located at 13800 Middlebelt Road, Livonia, Michigan, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City approves the said request "Above All Others," 30104 and the City Clerk is hereby requested to wait until further notification that the existing restaurant has been purchased by Mesquite, Inc. prior to forwarding a certified copy of this resolution to the Michigan Liquor Control Commission James McCann, attorney for Mesquite, Inc., stated that the license itself would be in the name of Mesquite, Inc. (the corporation), and that there would be no forthcoming request for an entertainment license On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #246-97 RESOLVED, that having considered a communication from Tom Wozniak, Executive Board of the Old Rosedale Gardens Homeowners Association, P 0 Box 51186, Livonia, Michigan 48151, dated February 10, 1997, to which is attached a petition from residents of Old Rosedale Gardens requesting re-paving of the residential streets in this area, the Council does hereby refer the subject of a possible improvement alternate consisting of a "reconstruction" alternate, the date that the streets in Old Rosedale Gardens were last paved and the life expectancy of each alternate improvement to the Department of Public Works for its report and recommendation From the audience, Tom Wozniak, 11407 Cranston, spoke to the history of the paving in Old Rosedale Gardens and the fact that notice of this meeting was published in the Old Rosedale newsletter Additionally, Alan Wakenhut, 11300 Cranston, inquired as to how this subject matter came before the Council He also requested more official notification of actions proposed and/or taken other than their subdivision newsletter On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #247-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Public Utility Manager and the City Librarian, dated March 7, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Temperature Services, Inc., 14815 Dale, Detroit, Michigan 48223, for completing all work in connection with the installation of a Dunham-Bush chiller at the Civic Center Library, including upgrading of the existing electrical service to the chiller location and piping additions, in the amount of$53,425 00, plus $8,302.50 for the additional aforementioned items, for a total amount of$61,727 50; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $61,727 50 from the 30105 Capital Project Fund No 401 Unexpended Fund Balance 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 A communication from the Department of Public Works, Public Service Division, dated March 25, 1997, re funding for the Civic Center Library Chiller Project was received and placed on file for the information of the Council On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #248-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Public Utility Manager, and the Chairman of the Water and Sewer Board, dated February 25, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with respect to the proposed sewer extension on Sunset Avenue, south of Pickford Street, the Council does hereby refer this matter to the Water, Sewer and Waste Committee for its report and recommendation On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #249-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Public Utility Manager, and the Chairman of the Water and Sewer Board, dated February 25, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with respect to the proposed sewer extension on Sunset Avenue, south of Pickford Street, the Council does hereby refer the subject of the cost of installation and/or maintenance of lift stations and injector pumps in this area to the Department of Public Works for its report and recommendation. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was L.. #250-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 10, 1997, which bears the signature of the City Attorney and the Director of Finance and is approved for submission by the Mayor, to which is attached a 30106 proposed Inter-Agency Agreement between the County of Wayne and the City of Livonia for two pilot stormwater projects, the Council does hereby approve such agreement and does hereby authorize the Mayor and City Clerk to execute the Inter-Agency Agreement 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 Duggan, seconded by Taylor, and unanimously adopted, it was #251-97 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated February 27, 1997, approved for submission by the Mayor, submitted pursuant to Council Resolution 1097-96, and which submits competitive bids received in connection with the sale of City-owned property located at 27423 Long, Lot 41, Argonne Subdivision, more particularly described as. Lot 41, "The Argonne Subdivision", as recorded in Liber 40, Page 5, Wayne County Records, said subdivision being a part of the N E. 1/4 of Section 1, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan. the Council does hereby accept the bid and authorize the sale of the aforesaid City-owned property to Winkler Builders, Inc., 27520 Five Mile Road, Livonia, Michigan 48150, for a total purchase price of $10,551 00, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #252-97 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 10, 1997, approved for submission by the Mayor, with respect to the proposed sale of City-owned property located at 34601 Plymouth Road (formerly known as Livonia Auto Parts), and to which is attached resolution 97-16 adopted on March 6, 1997, by the Plymouth Road Development Authority, wherein it is recommended that this property be re-offered for sale with no 30107 minimum bid, the Council does hereby resolve that in accordance with Council Resolution 300-88, the City-owned property located at 34601 Plymouth Road be posted with a "For Sale" sign for 60 days prior to taking bids, with no minimum bid, and that the Director of Finance prepare specifications and obtain competitive bids accompanied by a deposit in the form of a money order or certified check which is equal to five percent of the bid price or $500 00, whichever is greater, and in the event of a default, the deposit is subject to forfeiture or liquidated damages, and all competitive bids shall thereafter be submitted to the Council for consideration, FURTHER, in the event no satisfactory bid is received by the City, that the building be demolished and an environmental cleanup be conducted at the City's expense as soon as possible On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #253-97 RESOLVED, that having considered a communication from the City Planning Commission, dated March 10, 1997, which transmits its resolution 3-45-97, adopted on March 4, 1997, with regard to a Sign Permit Application submitted by Metro Detroit Signs, on behalf of Red Lobster Restaurant, requesting approval for a ground sign for the restaurant located at 29980 Plymouth Road in the Southeast 1/4 of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following conditions 1 That the Sign Package submitted by Metro Detroit Signs, as received by the Planning Commission on February 19, 1997, is hereby approved and shall be adhered to, and 2 That the signage shall not be illuminated beyond one hour after the restaurant closes. James Atkins, Metro Detroit Signs, stated his client wanted the new sign to reflect the restaurant's new image On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #254-97 RESOLVED, that in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer and request that the City Planning Commission conduct a public hearing on the question of whether an amendment should be made to the Livonia Zoning Ordinance to require the filing of an approved color rendering for signs, where said 30108 signs require City Council and City Planning Commission review, and to thereafter submit a report and recommendation to Council On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #255-97 RESOLVED, that in connection with Petition 97-2-2-3 submitted by Marvin Walkon requesting waiver use approval to construct a full service restaurant (Champps Americana) to be located on the east side of Haggerty Road between Seven and Eight Mile Roads in the Southwest 1/4 of Section 6, the Council does hereby repeal and rescind Council Resolution 757-96 On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was. #256-97 RESOLVED, that having considered a communication from the City Planning Commission, dated March 6, 1997, which transmits its resolution 3-40-97, adopted on March 4, 1997, with regard to Petition 97- 2-2-3, submitted by Marvin Walkon requesting waiver use approval to construct a full service restaurant to be located on the east side of Haggerty Road between Seven and Eight Mile Roads in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Taylor, seconded by Vandersloot, and unanimously adopted, it was #257-97 RESOLVED, that in connection with Petition 97-2-2-2 submitted by Marvin Walkon requesting waiver use approval to utilize a Class C liquor license in connection with a proposed full service restaurant (Champps Americana) to be located on the east side of Haggerty Road between Seven and Eight Mile Roads in the Southwest 1/4 of Section 6, the Council does hereby repeal and rescind Council Resolution 758-96 On a motion by Taylor, seconded by McGee, and unanimously adopted, it was #258-97 RESOLVED, that having considered a communication from the City Planning Commission, dated March 6, 1997, which transmits its resolution 3-41-97, adopted on March 4, 1997, with regard to Petition 97- 2-2-2, submitted by Marvin Walkon requesting waiver use approval to 30109 utilize a Class C license for a proposed full service restaurant to be located on the east side of Haggerty Road between Seven and Eight Mile Roads in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 97-2-2-2 is hereby approved and granted, FURTHER, the Council does hereby waive the 1,000 foot separation requirement as set forth in Section 11 03(h) of Zoning Ordinance 543 On a motion by Brosnan, seconded by McGee, and unanimously adopted, it was #259-97 RESOLVED, that having considered a communication from Council Vice President Maureen Miller Brosnan, dated March 10, 1997, with respect to the subject of video gaming in Livonia, the Council does hereby discharge the Committee of the Whole from further consideration of this subject (Council Resolution 640-96) and the Capital Improvement Committee from further consideration of this subject (Council Resolution 315-94), and does hereby refer this matter and the subject of a possible non-binding ballot referendum on the subject of video gaming to the Legislative Committee for its report and recommendation On a motion by Brosnan, seconded by McGee, it was #260-97 RESOLVED, that having considered a communication from Council Vice President Maureen Miller Brosnan, dated March 10, 1997, with respect to the subject of video gaming in Livonia, the Council does hereby take this means to indicate its strong opposition to House Bill Nos 4409, 4410 and 4411, and Senate Bill Nos 285, 286 and 287, which would allow electronic gaming terminals at Michigan racetracks and all state-licensed liquor license establishments since the proposed legislation to expand gambling, 1 Could easily lead to legalization of other types of gambling, including casino gambling, 2 Provides no mechanism for increased revenues to local units of government, 3 Infringes upon principles of self-determination reserved to cities under the Home Rule Cities Act, 4 Imposes an increased burden on limited police resources, and 5 Presents the potential for increased societal problems for communities such as the City of Livonia, 30110 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia hereby urges our elected representatives to oppose the above- mentioned legislation as proposed, BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Engler, State Senator R. Robert Geake, State Representative Lyn Bankes, and State Representative Gerald Law A roll call vote was taken on the foregoing resolution with the following result. AYES McGee, Taylor, Duggan, Brosnan, and Vandersloot. NAYS Feenstra and Laura The President declared the resolution adopted Bill McLaughlin, Vice President and General Manager of Ladbroke Racing Michigan, Inc., addressed the foregoing issue and asked the Council to specifically state that this action is not intended to apply to DRC Betty Abraham, 19017 Brentwood, a long-time (31-year) employee of Ladbroke DRC, spoke in favor of the proposed resolution Mary Kay Fredericks, a Ferndale resident, another long-time (27-year) employee, and representing Local 79, also spoke in favor of the proposed resolution On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #261-97 RESOLVED, that having considered a communication from the City Treasurer, dated March 21, 1997, 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 March 21, 1997, is included herein by reference, which work was done pursuant to Council Resolution 350-95 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 30111 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 On a motion by McGee, seconded by Duggan, and unanimously adopted, it was #262-97 RESOLVED, that having considered a communication from Michael V Polsinelli, Managing Agent for Wonderland Shopping Center Venture Limited Partnership, dated March 12, 1997, with regard to proposed plans for Wonderland Mall, the Council does hereby refer this matter to the Committee of the Whole for a joint meeting with the Zoning Board of Appeals and the City Planning Commission for further discussion On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #263-97 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated February 28, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the gift of one popcorn machine and cart, approximate value of$2,000 00, from the Livonia Anniversary Committee for use in connection with the Department of Parks and Recreation programs On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #264-97 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 30112 On a motion by McGee, seconded by Taylor, and unanimously adopted, it L was #265-97 WHEREAS, the 1996 Federal Telecommunications Act gave the Federal Communications Commission ("FCC") plenary jurisdiction over area codes in the United States, and WHEREAS, the FCC can grant to State Commissions the power to resolve matters relating to the establishment of new area code boundaries, and WHEREAS, the FCC rules prohibit numbering plans which unduly disfavor any particular group of consumers, and WHEREAS, Ameritech proposes to make Livonia the only city in the State of Michigan to have three (3) area codes, and WHEREAS, the division of the City into three area codes will cause disruption and attendant losses for both residents and businesses, and WHEREAS, the proposed partitioning of Livonia violates at least three of the principles pursuant to which Ameritech's plan was supposedly developed, to wit: a) it disregards the goal of"recognizable boundaries" for area codes by drawing boundaries which follow residential side streets and jog arbitrarily across country, rather than following familiar political boundaries, b) it partitions Livonia, a city of 100,000, into three area codes, despite keeping "intact" the region's largest city, Detroit, within a single area code, and c) although the plan is supposed to give Oakland County its own area code to meet the rapidly rising demand for telephone numbers in that county, it places some 8,000 Livonia households in what is supposed to be Oakland County's area code, and WHEREAS, the Ameritech proposal, developed without any input from the City of Livonia, will unduly disfavor telecommunications consumers in the City of Livonia, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia fully supports the filing of a Complaint with the Michigan Public Service Commission to enjoin the implementation of Ameritech's planned how partitioning of Livonia, and 30113 BE IT FURTHER RESOLVED, that the Michigan Public Service Commission is hereby urged to take jurisdiction of this matter, and enjoin Ameritech's planned partitioning of Livonia as unduly disfavoring telecommunications consumers in Livonia, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Engler, State Senator R. Robert Geake, State Representative Lyn Bankes and State Representative Gerald Law From the audience, Ralph Williams, 18630 Foch, inquired as to what was happening regarding the three (3) area codes proposed for Livonia Council President Laura asked that the political sign ordinance be forwarded to Jay Young at the School Board regarding the upcoming election, to which City Clerk McCotter responded had already been done On a motion by Duggan, seconded by Taylor, and unanimously adopted, this 1,341st Regular Meeting of the Council of the City of Livonia was adjourned at 1012 p m , March 26, 1997 , 729, J•- McCotter, City Clerk