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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-08-15 39271 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FORTY-SECOND REGULAR MEETING OF AUGUST 15, 2005 On August 15, 2005, 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 Robinson delivered the invocation Roll was called with the following result. Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann and Gerald Taylor Absent: None Elected and appointed officials present: Mayor Jack Engebretson, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Police Chief Robert Stevenson, Fire Chief Alan Brandemihl, Michael Slater, Finance Director; Robert Biga, Human Resources Director; and Ian Wilshaw, Traffic Commission On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 376-05 RESOLVED, that the minutes of the 1,541st Regular Meeting of the Council held July 20, 2005 are hereby approved as submitted Audience Communication Mayor Jack Engebretson was present at the meeting and inquired about the resolutions that were forwarded to City Council last week regarding (1) establishing tax equity; and (2) recreational opportunities available to residents On a motion by Godfroid-Marecki, seconded by Kokenakes, and unanimously adopted, it was Regular Meeting of August 15, 2005 39272 CR 377-05 WHEREAS, the Michigan Supreme Court issued a decision in the WPW Acquisitions v City of Troy case concerning the assessment of property taxes on commercial properties, and WHEREAS, the Supreme Court's decision has resulted in inequities as it relates to property assessments whose value is based on occupancy rates, and WHEREAS, the WPW decision declared the "additions" language for increase in occupancy is unconstitutional but did not address the offsetting "loss" language, which has a large impact on many properties in the State, and WHEREAS, prior to this decision, a commercial/industrial property owner could work with their local assessor for assessment relief if the property's occupancy rate dropped (loss), and subsequently, when the occupancy rate improved, the assessment would return to a stabilized level when the occupancy recovered (addition), and WHEREAS, this was a fair and reasonable way to help property owners who were struggling with a particular property, and the "addition" and "loss" sections of the statute worked in harmony, providing temporary relief for decrease in occupancy; and WHEREAS, since the "addition" section of the statute has been ruled unconstitutional, commercial property owners can now manipulate the system by decreasing their occupancy level to achieve a permanent reduction in their Taxable Value and then lock in non-market property taxes at a reduced level, and WHEREAS, the decision unintentionally rewards those commercial property owners who operate inefficiently and maintain high vacancy rates while penalizing those property managers who offer competitive lease rates, and WHEREAS, the decision is unfair to residential taxpayers as the resulting effect will shift the property tax burden to residential taxpayers over time since, theoretically, property taxes collected from commercial properties as a percentage of total tax revenues will decrease, and WHEREAS, the potential loss in property tax revenue within the City of Livonia as a result of the Supreme Court decision is significant. Such potential revenue loss will not only impact the City of Livonia, but also the County of Wayne and the Livonia and Clarenceville school districts, the State of Michigan Education Tax, etc Regular Meeting of August 15, 2005 39273 NOW THEREFORE BE IT RESOLVED, that the City of Livonia strongly urges its State Legislators to establish tax equity and correct the impact of the WPW Acquisitions v City of Troy decision by supporting legislation to remove both the additions and losses sections of the General Property Tax Act (MCL 211 34d(1)(b)(vii) and 211 34d(1)(h)(iii). BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Granholm, State Senator Laura Toy, State Representative John Pastor, State Representative Andy Dillon, and the Michigan Municipal League State and Federal Affairs Division On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 378-05 WHEREAS, one of the reasons that the City of Livonia is a desirable place to live is the fact that many recreational opportunities are provided to our residents, and WHEREAS, the City-owned golf courses, our new community recreation center, municipal swimming pools and many other amenities are enjoyed by residents of all ages, and WHEREAS, Livonia residents have demonstrated their support for recreational facilities through the passage of a new millage in 1999 for the sole purpose of establishing a new community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; and WHEREAS, Livonia residents already pay taxes for recreation through the millage and membership fees, as well as other fees, and WHEREAS, any attempt by the State legislature to adopt legislation which would authorize a tax on recreation activities or other local government services would constitute double taxation and constitute an unwarranted taxpayer burden, and WHEREAS, treating local governments as private businesses in this regard would harm those who do not have the financial means to take advantage of a particular service through the private sector, such as children, senior citizens and lower income residents and would be detrimental to future economic development. NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia hereby takes this means to indicate its strong opposition to any legislative Regular Meeting of August 15, 2005 39274 attempts to tax local government services such as golf courses or any other public recreation activity BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Granholm, State Senator Laura Toy, State Representative John Pastor, State Representative Andy Dillon, and the Michigan Municipal League State and Federal Affairs Division On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 379-05 WHEREAS, The Livonia Fire Fighters and the U S Marines from Selfridge Air National Guard Base participated in the St Andrew's Society of Detroit Highland Games Tug-of-War on Saturday, August 6, 2005, WHEREAS, The last tug-of-war competition held at the Highland Games occurred in 1914, WHEREAS, The United States Marines entered the field of battle in a large troop carrier as the U S Marine Corps Hymn heralded their arrival, WHEREAS, The Livonia Fire Fighters met their challengers with burning enthusiasm as their anthem, Let Me Stand Next to Your Fire by Jimmy Hendrix, resounded for all to hear; WHEREAS, The Livonia Fire Fighters Tug-of-War team was lead by Captain Robert Simmons and included Fire Fighters Michael Bailey, John Bargowski, Jeffrey Bennett, David Bostater, Wade Clay, Justin Defiore, Jason Facione, Jason Gagnon, Todd Samson, and Matthew Vaquera, WHEREAS, The victor would be determined by the winner of the best two out of three tug-of-war challenges, WHEREAS, The Livonia Fire Fighters, despite the heroic efforts of their U S Marine Corps competitors, claimed their rightful title as the Tug-of- War Champions of the 2005 Highland Games by quickly winning the first two challenges, WHEREAS, The Livonia Fighter Fighters and U S Marines each exemplified honor and sportsmanship before a large cheering crowd, and, WHEREAS, The City of Livonia wishes to congratulate the Livonia Fire Fighters for their victory at the 2005 Highland Games and express its gratitude for their daily efforts in service of its residents Regular Meeting of August 15, 2005 39275 NOW, BE IT THEREFORE RESOLVED, that the Mayor, Jack Engebretson, and the City Council of the City of Livonia join together to congratulate the Livonia Fire Fighters for their victory and their well deserved title of Tug-of-War Champions of the 2005 Highland Games Nimoza Favazza, 14052 Cranston, requested approval for a block party to be held on August 27, 2005, with an August 28, 2005 rain date On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 380-05 RESOLVED, that having considered an application from Nimoza Favazza, 14052 Cranston, dated August 10, 2005, requesting permission to close Cranston between Scone and Perth on Saturday, August 27, 2005, from 12 00 noon to 9 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 28, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. McCann congratulated the Livonia Rotary Club on their successful 10th Annual Bar-B-Q and Family Fun Fest, which was held on Sunday, August 14, 2005 He also mentioned the St. Mary's Antiochian Orthodox Church Festival, which also took place yesterday Joan Gebhardt, 35248 Leon, was present at the meeting on behalf of State Representative Andy Dillon, and she announced the Town Hall meeting that will be held on Wednesday, August 24th, from 6 30 to 8 30 p m at the VFW Post 345, located at 27345 Schoolcraft Road, Redford Township DTE officials will be attending the meeting to answer questions related to the summer outages and brownouts that have affected residents and businesses in Redford Ms Gebhardt provided Andy Dillon's e-mail address of Dillon.housedems.com and his office phone number of (517) 373-0857 if residents wish to contact him Susan Gonyou, 8901 Hugh, spoke to the issue of the Wonderland Village public meetings that took place last week Greg Gonyou, 8901 Hugh, spoke in support of the residents who attended last week's public meetings re Wonderland Village and voiced his objection to the proposal Victoria Kowaleski, 29960 Orangelawn, addressed Council and stated that she is opposed to the Wal-Mart store going up in her neighborhood Regular Meeting of August 15, 2005 39276 Stephen LeVey, 28284 N Clements Circle, spoke to the issue of Wal- Mart, and he objects to that store becoming part of Wonderland Village oho Joan Gebhardt spoke again regarding the issues raised at last week's public meetings on Wonderland Village, especially citing the crime statistics from the current Wal-Mart store on Middlebelt Road Ms Gebhardt complimented Councilmembers McCann and Knapp for attending the Wonderland Village meetings, and she added that she personally is opposed to the Wal-Mart store A communication from the Department of Finance, dated July 20, 2005, re forwarding various financial statements of the City of Livonia for the month ending June 30, 2005, was received and placed on file for the information of the Council A communication from the Department of Law, dated August 4, 2005, re Kathy Kowalski, et al v City of Livonia, Wayne County Circuit Court Case No 03- 338095-CZ, Michigan Court of Appeals Docket No 255623, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Kokenakes and unanimously adopted, it was CR 381-05 RESOLVED, that having considered an application from Kelly Bollman, 30906 Robert Drive, dated July 4, 2005, requesting permission to close Robert Drive between Sunset and Denne on Saturday, September 3, 2005, from 12 00 noon to 10.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, September 10, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department CR 382-05 RESOLVED, that having considered an application from Krista Johnson, 32448 Washington, dated July 6, 2005, requesting permission to close Washington Street between Hubbard and Indiana on Saturday, August 20, 2005, from 1 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department • 411, Regular Meeting of August 15, 2005 39277 CR 383-05 RESOLVED, that having considered an application from Rebecca Colburn, 8923 Louisiana, dated July 11, 2005, requesting permission to close Louisiana between Kentucky and Oregon on Saturday, August 27, 2005, from 10 00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 384-05 RESOLVED, that having considered an application from Bruce Bully, 9106 Stonehouse, dated July 13, 2005, requesting permission to close Northfield between Butwell and Stonehouse on Saturday, August 27, 2005, from 12 00 noon to 4 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 28, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 385-05 RESOLVED, that having considered an application from Tracy Favaro, 16148 Southampton Court, dated July 11, 2005, requesting permission to close Southampton Court between the corners of Southampton Court and Oakdale on Saturday, August 20, 2005, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 21, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department CR 386-05 RESOLVED, that having considered an application from Eric Forrest, 36730 Rayburn, dated July 27, 2005, requesting permission to close Rayburn between Levan and Williams on Saturday, August 27, 2005, from 10 00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 28, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department CR 387-05 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated July 28, 2005, requesting permission to close Sussex Street between Sherwood and Fitzgerald on Saturday, September 17, 2005, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 18, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department Regular Meeting of August 15, 2005 39278 CR 388-05 RESOLVED, that having considered a letter from Cindy Haycock, Frost Middle School PTSA Craft Show Building Coordinator, dated July 6, 2005, which requests permission to display approximately 75 signs announcing Frost's Annual Craft Show to be conducted on Saturday, November 5, 2005, which signs are to be 22" x 14" in size and which will be displayed at various locations in the City no earlier than Sunday, October 30, 2005, and removed no later than Sunday, November 6, 2005, and two signs measuring approximately 62" x 31" to be placed at the corners of Farmington and Lyndon and Stark and Schoolcraft no earlier than Saturday, October 22, 2005 and removed no later than Sunday, November 6, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 389-05 RESOLVED, that having considered a letter from Cindy Haycock, Churchill High School PTSA Craft Show Building Coordinator, dated July 6, 2005, which requests permission to display approximately 75 signs announcing Churchill's Annual Craft Show to be conducted on Saturday, October 1, 2005, which signs are to be 22" x 14" in size and which will be displayed at various locations in the City no earlier than Sunday, September 25, 2005, and removed no later than Sunday, October 2, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 390-05 RESOLVED, that having considered a letter from Laurie Davis, Assistant Secretary, Emmanuel Lutheran Church, dated July 15, 2005, which requests permission to display approximately 14 signs announcing the Emmanuel Lutheran Church's Rummage Sale to be conducted on Thursday, August 18, 2005 through Saturday, August 20, 2005, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City, no earlier than Thursday, August 11 , 2005, and removed no later than Sunday, August 21, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 391-05 RESOLVED, that having considered a letter from Marie Jenkins, representing Newburg United Methodist Church, dated July 27, 2005, which requests permission to display approximately 20 signs announcing the Newburg United Methodist Church Mom to Mom Sale to be conducted on Saturday, September 24, 2005, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City of Livonia only, no earlier than Saturday, September 17, 2005, and removed no later than Sunday, September 25, 2005, the Council does Regular Meeting of August 15, 2005 39279 hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 392-05 RESOLVED, that having considered a letter from Tom and Pat Eland, representing Newburg United Methodist Church, dated July 25, 2005, which requests permission to display approximately 24 signs announcing the Newburg United Methodist Church Rummage Sale to be conducted on Friday, September 30, 2005 and Saturday, October 1, 2005, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City of Livonia only, no earlier than Friday, September 23, 2005, and removed no later than Sunday, October 2, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 393-05 RESOLVED, that having considered a letter from Virginia Pochloff, St. Mary's Guild - Marycrest Manor, dated August 1, 2005, which requests permission to display approximately 10 signs announcing the Marycrest Manor 3rd Annual Yard Sale Benefit to be conducted on Thursday, September 8, 2005 through Saturday, September 10, 2005, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City, no earlier than Thursday, September 1, 2005, and removed no later than Sunday, September 11, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 394-05 RESOLVED, that having considered a letter from Kevin Murphy, Athletic Director, Clarenceville High School, dated June 27, 2005, the Council does hereby approve and recognize the Clarenceville High School Homecoming Parade to be held on Friday, October 14, 2005, beginning at 5 30 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Weyher, south on Weyher to St. Martins, west on St. Martins to Parkville, north on Parkville to Bretton, west on Bretton to Middlebelt, and north on Middlebelt to the Clarenceville Middle School parking lot; FURTHER, the Council does hereby request that the Wayne County Road Commission allow the City of Livonia to close the necessary roads between the hours of 5 30 p m and 8 00 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume Regular Meeting of August 15, 2005 39280 liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Sgt. David Studt is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia CR 395-05 RESOLVED, that having considered a letter from Robert J Mercier, Group Car Sale Marketing Manager, on behalf of Enterprise Rent-A-Car and Co-op Services Credit Union/Edison Credit Union, dated July 1, 2005, wherein a request is submitted to hold a private, members' only one-day and two-day auto sale of used rental vehicles at Co-op Services Credit Union, 29550 Five Mile Road, Livonia, Michigan 48154, on August 18 and 19, 2005, from 12 00 noon to 6 00 p m , and at Edison Credit Union, 38695 Seven Mile Road, Livonia, Michigan 48152, on September 10, 2005, from 9 00 a m to 2.00 p m , with the inventory to be placed on the credit union property on the day prior to the events and moved out promptly following the events, the Council does hereby approve of this one-day and two-day used auto sale in the manner and form herein requested CR 396-05 RESOLVED, that having considered a letter from the Michigan Municipal League, dated July 26, 2005, with regard to the Annual Business Meeting to be held in Grand Rapids, Michigan, on September 20-23, 2005, the Council does hereby designate Councilmember Kokenakes as the official representative and voting delegate of the City of Livonia at the annual meeting and does further designate Councilmember Godfroid-Marecki as the alternate, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 397-05 RESOLVED, that having considered a communication from the City Clerk, dated July 14, 2005, forwarding an application submitted by Christy A. Zarek, 725 Coolidge St., Apt 8, Plymouth, Michigan 48170, for a therapeutic massage permit and in accordance with Ordinance No 2687, effective December 12, 2004, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 398-05 RESOLVED, that having considered a communication from the City Clerk, dated July 25, 2005, forwarding an application submitted by Susan L. McDowell, 19538 Norwich, Livonia, Michigan 48152, for a therapeutic massage permit and in accordance with Ordinance No 2687, effective December 12, 2004, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution Regular Meeting of August 15, 2005 39281 A communication from the Office of the City Clerk, dated July 6, 2005, re Tax Rate for the Schoolcraft Community College District for the Year 2005, with attached letter from the Chairperson and Secretary of Schoolcraft College, dated May 26, 2005, with a copy of their resolution 2005-48 and a completed Form L4029 CR 399-05 RESOLVED, that having considered a communication from the Director of Community Resources, the Chairperson of the Historical Commission and the Flea Market Chairperson for the Livonia Historical Society, dated July 14, 2005, approved for submission by the Mayor, which requests permission to display two banner signs (4' x 8') on the fencing at Greenmead and 25" x 15" signs at various locations in the City announcing the Flea Market to be held Sunday, September 11, 2005, at Greenmead, which signs shall be installed no earlier than Monday, August 29, 2005, and removed no later than Wednesday, September 14, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted A communication from the Board of Trustees -- Livonia Employees Retirement System, dated July 28, 2005, re 401(a) Defined Contribution Plan Annual Report for 2004 and First Quarter Report for the Year 2005, was received and placed on file for the information of the Council A communication from the Board of Trustees -- Livonia Employees Retirement System, dated July 28, 2005, re Livonia Employees Retirement System 52nd Annual Actuarial Valuation Report of Defined Benefit (DB) Plan as of November 30, 2004, was received and placed on file for the information of the Council A communication from the Board of Trustees -- Livonia Employees Retirement System, dated July 28, 2005, re City of Livonia Retiree Health and Disability Benefits Plan and Trust (VEBA) 7th Annual Actuarial Valuation Report as of November 30, 2004, was received and placed on file for the information of the Council Regular Meeting of August 15, 2005 39282 CR 400-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated June 29, 2005, which bears the signature of the Cie Director of Finance and is approved for submission by the Mayor Pro Tern, the Council does hereby accept the bid of Rayco of Michigan, Inc , 19322 Gerald Street, Suite 100, Northville, Michigan 48167, for supplying the Public Service Division (Road Maintenance Section) with two (2) 15" brush chippers for a net price of $66,000 00, based on a total price of $74,000 00 less trade-ins of $8,000 00, the same having been in fact the lowest bid received which meets all specifications, and the amount of $66,000 00 is hereby authorized to be expended from funds already budgeted in Account No 205-527-987-000 (Refuse Fund) for this purpose CR 401-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated July 11, 2005, 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 B & J Parking Lot Maintenance, Inc , 12207 Inkster Road, Taylor, Michigan 48180, (the low overall bidder) for completing all street sweeping required for the City's 2005 Leaf Pickup Program and supplemental routine sweeping, if required, for the estimated total cost of $31,380 00, FURTHER, in the event the lowest bidder is unable to perform the services, the Council does hereby accept the unit price bid of Progressive Sweeping Contractors, Inc , 12564 Inkster Road, Redford, Michigan 48239, as an alternate for completing all street sweeping required for the City's 2005 Leaf Pickup Program and supplemental street sweeping, if required, for the estimated total cost of $41,850 00, the final cost being based upon the Public Service 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 costs and unit prices having been in fact the lowest bids received for this item, FURTHER, the Council does hereby authorize the expenditure of the foregoing amounts from funds already budgeted in Account No 205-527-886-015 (Municipal Refuse Fund) 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 CR 402-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 5, 2005, which bears the signature of the Director of Finance, approved by the Director of Public Works and is approved for submission by the Mayor, the Council does Regular Meeting of August 15, 2005 39283 hereby accept the unit price bid of Tyger Excavating, Inc , 52188 Van Dyke, Suite 211, Shelby Township, Michigan 48316, for completing all work required in connection with the Ann Arbor Trail (between Lawrence and Newburgh Road) Rehabilitation And Sanitary Sewer Separation Project (Contract 05-L) for the estimated total cost of $739,855 50 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 an expenditure in the amount of $739,855 50 from funds already budgeted in Account No 204-463-818-112 (Roads, Sidewalks and Tree Fund-Rehabilitation) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized 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 CR 403-05 WHEREAS, the City of Livonia believes quality roads are a vital part of any community, and WHEREAS, certain improvements are necessary to Five Mile Road to increase traffic safety and to encourage economic development, and WHEREAS, the County of Wayne has committed to resurfacing of Five Mile Road in an area generally described as between Farmington and Merriman Roads and the City of Livonia will assist financially in the resurfacing of the Road, and WHEREAS, the City of Livonia will provide payment to the County of Wayne in the amount of $90,410 00 (as found in Exhibit A to this Agreement), 8 90% of the total cost of the project, and NOW, THEREFORE BE IT RESOLVED, that the Livonia City Council does hereby approve the proposed Agreement between the City of Livonia and County of Wayne for the resurfacing of Five Mile Road between Farmington Road and Merriman Road, and does hereby authorize an expenditure in the estimated amount of $90,410 00 (for the City's estimated share of this project) from funds already budgeted in Account No 202-463-818-125 (Major Street Fund - County Project participation), and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City of Livonia Regular Meeting of August 15, 2005 39284 CR 404-05 RESOLVED, that having considered a communication from the City Clerk, dated July 14, 2005, which indicates that the proprietor of the Rosati Industrial Park, situated in the South 1/2 of Section 28, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communication from the City Planning Commission, dated July 5, 2005, wherein said Commission approves the final plat for the said subdivision in its resolution 06-71-2005, adopted on June 28, 2005, and the Council having considered a report from the City Engineer, dated May 23, 2005, recommending approval of the final plat of said subdivision, the revised preliminary plat of which was approved by the Council in its resolution 157-03, adopted on April 9, 2003, said revised preliminary plat having been recommended for approval by the City Planning Commission on March 11, 2003 in its resolution 03-41-2003, and the preliminary plat of which was approved by the Council in its resolution 227-02, adopted on April 24, 2002, said preliminary plat having been recommended for approval by the City Planning Commission on July 24, 2001 in its resolution 07-114-2001, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Rosati Industrial Park, located in the South 1/2 of Section 28, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act Of Michigan of 1967, as amended, and the Ordinances of the City of Livonia, and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 405-05 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated July 19, 2005, which transmits its resolution 07-76-2005, adopted on July 12, 2005, with regard to Petition 2005-05-03-01 submitted by Larry Stanchina requesting to vacate a 12 foot easement on the west side and a portion of the 12 foot easement on the north side of his property located at 38896 Kingsbury Avenue, on the north side of Kingsbury Avenue, just west of Knolson Avenue in the Southwest 1/4 of Section 18, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 2005-05-03-01, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution CR 406-05 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated July 19, 2005, which transmits its resolution 07-77-2005, adopted on July 12, 2005, with regard to Petition 2005-05-03-02 submitted by Dale K Hughes requesting the vacating of a portion of a utility easement on the west side of property located at 18571 Hillcrest Avenue between Clarita Avenue and Pickford Regular Meeting of August 15, 2005 39285 Avenue in the Northwest 1/4 of Section 11, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 2005-05-03-02, as amended, so as to vacate the easterly 4 33 feet of the existing nine foot easement as recommended by the City Engineer, subject to the Petitioner obtaining a release from Detroit Edison, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution CR 407-05 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated July 19, 2005, which transmits its resolution 07-78-2005, adopted on July 12, 2005, with regard to Petition 2005-05-03-03 submitted by Christine Neslund-Dudas and Steven P Dudas requesting to vacate a 12 foot utility easement that extends at an angle across their property located at 32470 Norfolk Avenue, between Mayfield Road and Hubbard Road in the Northeast 1/4 of Section 3, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 2005-05-03-03, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution CR 408-05 RESOLVED, that having considered a communication from Bryan L Amann, of Brashear, Tangora, Gallagher, Creighton & Amann, LLP, on behalf of Consignment Outlet Livonia, dated June 2, 2005, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on May 24, 2005, by the City Planning Commission in its resolution 05-62-2005 with regard to Petition 2005-02-02-07 submitted by Consignment Outlet Livonia, requesting waiver use approval to operate a second hand store (consignment shop) on property located at 15700 Middlebelt Road, on the east side of Middlebelt Road between Broadmoor Avenue and Rayburn Avenue in the Southwest 1/4 of Section 13, which property is zoned C-2 and P, and the Council having conducted a public hearing with regard to this matter on June 29, 2005, the Council does hereby reject the recommendation of the City Planning Commission and Petition 2005-02-02-07 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet Si prepared by Anthony Patric Inc , dated June 30, 2005, as revised, is hereby approved and shall be adhered to, 2 That the landscaping treatment indicated on the above referenced Site Plan, including the replacement of any existing dead plantings and the installation of new plant materials in the front landscaped Regular Meeting of August 15, 2005 39286 area, shall be accomplished to the satisfaction of the Inspection Department and shall thereafter be permanently maintained in a 1. healthy condition, 3 That the areas utilized for sales and display of merchandise shall be in accordance with the Floor Plan marked Sheet Al prepared by Anthony Patric Inc., dated May 24, 2005, as revised, with no more than 587 square feet of floor area devoted to the display of clothing, 4 That there shall be no outdoor sales, storage or display of merchandise, and no storage of merchandise in any type of temporary or portable unit, structure or trailer; 5 That there shall be no signage in windows and no display of merchandise in windows, 6 That the following issues as outlined in the correspondence dated March 2, 2005 from the Inspection Department shall be resolved to that department's satisfaction • That the parking lot shall receive needed repair and resealing and the parking spaces shall be double striped, including the provision of two (2) barrier free parking spaces with proper signage, marking and configuration, and all regular parking spaces shall be 10 feet in width and 20 feet in depth (or 18 feet in depth where the spaces abut a landscaped area), • That a sign shall be erected at the non-barrier free entry directing the way to the front barrier free entrance at the west end of the building 7 That a dumpster enclosure, conforming to the enclosure detail shown on the Details Sheet marked Sheet S2 prepared by Anthony Patrick Inc , dated May 24, 2005, as revised, shall be constructed in the location indicated on the Site Plan, 8 That the Building Elevations Plan marked Sheet A2 prepared by Anthony Patric Inc , dated May 24, 2005, as revised, is hereby approved and shall be adhered to, 9 That the repair and/or replacement of windows as needed, in accordance with the above referenced Building Elevations Plan, shall be accomplished to the satisfaction of the Inspection Department; L Regular Meeting of August 15, 2005 39287 10 That the Sign Package submitted, depicting a 25 square foot wall sign on the fascia of the entrance canopy at the front door of the building and the replacement of the 10 existing logo signs on the window awnings with new logo signs of similar size and geometry, is hereby approved and shall be adhered to, 11 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 12 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the occupancy and zoning compliance permits are applied for; and 13 That the petitioner shall submit a Letter of Understanding (approved as to form by the Department of Law), signed by the property owner and petitioner indicating that this waiver use will be voluntarily abandoned if the petitioner moves from the premises or eliminates the resale portion of its business, or if the owners sell, assign or transfer more than 50% of the limited liability company A roll call vote was taken on the foregoing resolution(s) with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS None At the direction of the Chair, the following two items were removed from this Agenda and placed on the Agenda for the August 31 , 2005 Regular meeting Rezoning Petition 2003-04-01-12 submitted by William J Sheehy, on behalf of General Properties Company, LLC, for a change of zoning of property located on the west side of Sunset Avenue, between Kenwood Court and Eight Mile Road, in the Northwest 1/4 of Section 2 from RUFA to R-3 (Rural Urban Farm — 1/2 Acre Lots to One Family Residential — 80' x 120' Lots) (CR 105-04) Site Plan Petition 2005-03-08-06 submitted by GLA Surveyors & Engineers, on behalf of Sunset View Site Condominiums, in connection with a proposal to construct a condominium development on property located on the west side of Sunset Avenue, between Eight Mile Road and Fargo Avenue (30250 Morlock Street), in the Northwest 1/4 of Section 2 (CR 267-05) Regular Meeting of August 15, 2005 39288 A communication from Angelo Mauti, 17017 Doris Street, Livonia, Michigan 48154, of pictures dated May 27, 2005, indicating type of homes petitioner intends to build, were received and placed on file for the information of the Council (CR 121-05) A communication from Angelo Mauti, 17017 Doris Street, Livonia, Michigan 48154, dated July 7, 2005 with a picture and petition from surrounding neighbors indicating their concurrence with the type of homes petitioner intends to build, were received and placed on file for the information of the Council (CR 121-05) On a motion by McCann, seconded by Godfroid-Marecki, it was CR 409-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 13, 2005, submitted pursuant to Council Resolution 121-05, in connection with a communication from the City Assessor, dated March 1, 2005, approved for submission by the Mayor, with regard to a request from Angelo Mauti, 17017 Doris, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-011-01-0114-000, located at 19505 Westmore, on the East side of Farmington Road, North of Seven Mile Road into two parcels, the legal descriptions of which shall read as follows (Parcel "A") The East 70 00 feet of Lots 114 through 116, all inclusive, and the East 70 00 feet of the South 5 00 feet of Lot 117 of Westmore Subdivision of part of the West 1/2 of the Southwest 1/4 of Section 3 T1 S , R 9 E , Livonia Township, (now City of Livonia) Wayne County, Michigan As recorded in Liber 48, Page 85 W C R Containing 0 201 acres (Parcel "B") Lots 114 through 116, all inclusive, except the East 70 00 feet thereof, the South 5 00 feet of Lot 117 except the East 70 00 feet thereof, and the East 1/2 of the adjacent vacated alley, of Westmore Subdivision of part of the West 1/2 of the Southwest 1/4 of Section 3 T1 S , R9 E , Livonia Township, (now City of Livonia) Wayne County, Michigan As recorded in Liber 48, Page 85 W C R Containing 0 201 acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section Regular Meeting of August 15, 2005 39289 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot width and area requirements set forth in Zoning Ordinance No 543, as amended, with respect to this property division, FURTHER, the approval of this lot split is subject to the homes being constructed with 80% brick; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS None A new Site Plan received July 13, 2005 re Petition 2005-03-08-05 submitted by EDCO Energy in connection with a proposal to construct an addition and renovate the exterior of the service station located on the southwest corner of Wayne Road and Ann Arbor Trail (34901 Ann Arbor Trail) in the Southwest 1/4 of Section 33, was received and placed on file for the information of the Council (CR 271-05) On a motion by Robinson, seconded by Knapp and unanimously adopted, it was CR 410-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 13, 2005, submitted pursuant to Council Resolution 271-05 in connection with a communication from the City Planning Commission, dated April 22, 2005, which transmits its resolution 04-44-2005, adopted on April 19, 2005, with regard to Petition 2005-03-08-05 submitted by EDCO Energy, requesting site plan approval in connection with a proposal to construct an addition and renovate the exterior of the service station located at 34901 Ann Arbor Trail, on the southwest corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this petition back to the City Planning Commission for further discussion and review Knapp left the podium at 8 44 p m to avoid a perceived conflict of interest. Regular Meeting of August 15, 2005 39290 Godfroid-Marecki gave First Reading to the following Ordinance AN ORDINANCE AMENDING ZONING ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2005- 04-01-03) 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 Knapp returned to the podium at 8 45 p m On a motion by Knapp, seconded by Godfroid-Marecki and unanimously adopted, it was CR 411-05 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated July 13, 2005, which bears the signature of the Director of Public Safety and the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of American Lafrance, 3900 Dunbar Road, Monroe, Michigan 48161, for supplying the Fire Department with one (1) ambulance in the amount of $166,429 00, including delivery and three inspections, the same having been in fact the lowest bid received which meets all specifications, FURTHER, the amount of $166,429 00 is hereby authorized to be expended from funds already budgeted in Account No 101-338-979-000 (Capital Outlay - Fire Equipment) for this purpose On a motion by Knapp, seconded by McCann and unanimously adopted, it was CR 412-05 RESOLVED, that having considered a communication from the Human Resources Director, dated August 1, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth a resolution adopted by the Civil Service Commission on July 20, 2005, wherein the Commission recommended that the classification of Police Vehicle Maintenance Coordinator become a permanent full-time unrepresented classification, to be filled through an open-competitive examination, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Regular Meeting of August 15, 2005 39291 A communication from the Public Safety Department, Division of Police, dated August 12, 2005 re additional information on request for classification of Police Service Aide and Police Vehicle Maintenance Coordinator, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Godfroid-Marecki and unanimously adopted, it was. CR 413-05 RESOLVED, that having considered a communication from the Human Resources Director, dated August 1, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth a resolution adopted by the Civil Service Commission on July 20, 2005, wherein the Commission recommended that the classification of Police Service Aide be established as a permanent, full-time unrepresented classification, to be filled through an open-competitive examination, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Mayor Engebretson approached the podium with Tom Funke, President of the Livonia Police Officers Association, who spoke of the Union's role in negotiating job descriptions and the conditions of employment related to the proposed new position of Police Service Aide On a motion by Meakin, seconded by McCann and unanimously adopted, it was. CR 414-05 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 26, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with problems encountered and the issues affecting the overall price for completing the 2005 Concrete Rehabilitation/Reconstruction Road Paving Program (Contract 05-C), the Council does hereby approve an additional appropriation and expenditure in the amount of $242,300 00 to be transferred from the unexpended fund balance of the road, tree and 1 sidewalk fund to Account No 204-463-818-110 for the reasons indicated in the aforesaid recommendation Regular Meeting of August 15, 2005 39292 On a motion by Kokenakes, seconded by Meakin and unanimously adopted, it was CR 415-05 RESOLVED, that having considered a communication from the City Planning Commission, dated July 1, 2005, which transmits its resolution 06-68-2005, adopted on June 28, 2005, with regard to Petition 2005-06-08-12 submitted by The Summit Company, on behalf of Bright House Networks, requesting site plan approval in connection with a proposal to construct an addition to the office building located at 14525 Farmington Road, between Lyndon Road and Five Mile Road in the Northeast 1/4 of Section 21, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-06- 08-12 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated June 1, 2005, prepared by Louis T Phillips, Inc , is hereby approved and shall be adhered to, 2. That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That the Exterior Building Elevation Plan marked Sheet 2 dated June 1, 2005, prepared by Louis T Phillips, Inc , is hereby approved and shall be adhered to, 4 That the brick used in the construction shall be full-face 4 inch brick, 5 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 6 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 7 That the emptying of the trash dumpster(s) for this site shall be limited between the hours of 9 00 a m and 6.00 p m , Monday though Friday; Regular Meeting of August 15, 2005 39293 8 That a six (6) foot high brick protective wall, similar in appearance to the one along the south property line, shall be erected along the section of the west property line immediately adjacent to the approved addition, however, if it is determined that a masonry wall would result in the likely destruction of the existing trees in the area, that a six (6) foot high vinyl obscuring fence may be used in lieu of the wall subject to the approval of the Housing Commission and Inspection Department; 9 That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated June 21, 2005, 10 That no signs, either freestanding or wall mounted, are approved with this petition, 11 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and 12 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for On a motion by Godfroid-Marecki, seconded by McCann and unanimously adopted, it was CR 416-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 13, 2005, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on July 18, 2005, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium street lights with colonial luminaries with underground wiring in the Wooded Creek Subdivision, located south of Six Mile Road between Savoie Road and Harrison Avenue in the Northwest 1/4 of Section 13, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property Regular Meeting of August 15, 2005 39294 especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated June 13, 2005, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 8, both inclusive, of the Wooded Creek Subdivision, as recorded in Liber 118, Pages 77 and 78, Wayne County Records, said subdivision being part of the N W 1/4 of Section 13, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan and also Parcel Numbers 050 99 0045 006, 050 99 0045 008 and 050 99 0045 009 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated June 13, 2005, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Kokenakes, seconded by Godfroid-Marecki and unanimously adopted, it was CR 417-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 13, 2005, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on July 18, 2005, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, Regular Meeting of August 15, 2005 39295 (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium street lights with colonial luminaries with underground wiring in the Parkview Site Condominiums, located on the south side of Plymouth Road, between Newburgh Road and Jarvis Avenue in the Southeast 1/4 of Section 30, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated June 13, 2005, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 2 to 28, both inclusive, of the Parkview Site Condominiums, as recorded in the Wayne County Condo Plan #494, Liber 30011, Pages 2473-2529, Wayne County Records, said development being part of the S E 1/4 of Section 30, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated June 13, 2005, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances John Correa, 11684 Roselinda Street, addressed Council and stated that he agrees there is a necessity for street lighting at Parkview Site Condominiums, but he is opposed to the style and the number of lights that are being considered Regular Meeting of August 15, 2005 39294 especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated June 13, 2005, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 8, both inclusive, of the Wooded Creek Subdivision, as recorded in Liber 118, Pages 77 and 78, Wayne County Records, said subdivision being part of the N W 1/4 of Section 13, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan and also Parcel Numbers 050 99 0045 006, 050 99 0045 008 and 050 99 0045 009 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated June 13, 2005, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Kokenakes, seconded by Godfroid-Marecki and unanimously adopted, it was CR 417-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 13, 2005, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on July 18, 2005, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, Regular Meeting of August 15, 2005 39295 (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium street lights with colonial luminaries with underground wiring in the Parkview Site Condominiums, located on the south side of Plymouth Road, between Newburgh Road and Jarvis Avenue in the Southeast 1/4 of Section 30, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated June 13, 2005, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 2 to 28, both inclusive, of the Parkview Site Condominiums, as recorded in the Wayne County Condo Plan #494, Liber 30011, Pages 2473-2529, Wayne County Records, said development being part of the S E 1/4 of Section 30, T1 S , R9 E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated June 13, 2005, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances John Correa, 11684 Roselinda Street, addressed Council and stated that he agrees there is a necessity for street lighting at Parkview Site Condominiums, but he is opposed to the style and the number of lights that are being considered Regular Meeting of August 15, 2005 39296 A communication from the Department of Public Works, Engineering Division, dated August 8, 2005 re Additional Information for Proposed Street Lighting Project at Parkview Site Condominiums, was received and placed on file for the information of the Council A communication from Patricia and Gary Seleski, 11778 Roselinda, dated August 11, 2005 re Street Lighting Project at Parkview Site Condominiums, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Godfroid-Marecki and unanimously adopted, it was CR 418-05 RESOLVED, that in connection with determining necessity for the proposed special assessment street lighting project for the Parkview Site Condominiums, the Council does hereby refer the subject of Detroit Edison's procedures (lag time on installation and the formula used to determine the number of lights needed), to the Streets, Roads and Plats Committee for its report and recommendation On a motion by Meakin and seconded by Knapp, it was CR 419-05 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 13, 2005, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed street lighting project in the Brookview West Site Condominiums and Brookview Park Site Condominiums, located on Brookview Drive between Six Mile Road and Bobrich in the Southeast 1/4 of Section 11, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on July 18, 2005, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, and in view of the apparent difficulty in satisfactorily apportioning the benefits and costs of such contemplated improvement to the satisfaction of the majority of the property owners that would have been affected thereby, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the said proposed improvement. A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting of August 15, 2005 39297 AYES Knapp, Meakin, Kokenakes and Godfroid-Marecki NAYS Robinson, McCann and Taylor The President declared the resolution adopted A communication from Mark S Cohn, Attorney for Kaftan Enterprises, Inc., dated July 27, 2005 re Proposed Lighting Special Assessment Regarding Brookview Park Condominiums, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Robinson and unanimously adopted, it was CR 420-05 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 26, 2005, 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 donation of Farmer Jack gift certificates in the total amount of $500 00 from the Kiwanis Early Risers to the Community Resources Department to be used as indicated in the aforesaid communication On a motion by Godfroid-Marecki, seconded by Meakin and unanimously adopted, it was CR 421-05 RESOLVED, that having considered a communication from the Department of Law, dated August 2, 2005, approved for submission by the Mayor, transmitting for Council acceptance a quit claim deed from Paul Kovceses and Pete Bevacqua, Diamante Building Company, inc , for Scone Court right-of-way, more particularly described as A parcel of land situated in the Southeast 1/4 of Section 19, T 1S , R 9E , City of Livonia, Wayne County, Michigan more particularly described as Part of Lots 67,68,69,70 and 71 of Zimmerman and Porter's Schoolcraft Estates Subdivision as recorded in Liber 68 on Page 73 of Wayne County Records being more particularly described as commencing at the Southwest corner of said lot 71, thence S 89°43'40"E , 25 00 feet to the Point of Beginning, thence due North 115 53 feet; thence 70 81 feet along a curve to the right (radius 75 00 feet, a central angle Regular Meeting of August 15, 2005 39298 of 54°05'30", a chord of 68.21 feet and a chord bearing of N 27°02'45"E), thence N 54°05'30"E , 10 68 feet; thence 23 60 feet along a curve to the left (radius 25 00 feet, a central angle of 54°05'30", a chord of 22 74 feet and a chord bearing of N 27°02'45"E ), thence due North 49 47 feet; thence N 89°53'30"W , 75 00 feet to a point on the West line of said lot 71, thence due North 50 00 feet; thence S 89°53'30"E , 225 00 feet to a point on the east line of said lot 69, thence N 86°17'38" E ,75 16 feet; thence S 89°53'30"E , 75 00 feet; thence due South 50 00 feet; thence N 89°53'30" W , 75 00 feet; thence S 86°17'38"W , 75 16 feet, thence N 89°53'30"W , 100 00 feet; thence due South 49 38 feet; thence 70 81 feet along a curve to the right (radius 75 00 feet, a central angle of 54°05'30", a chord of 68 21 feet and a chord bearing of S.27°02'45"W ), thence S 54°05'30"W , 10 68 feet, thence 23 60 feet along a curve to the left (radius 25 00 feet, a central angle of 54°05'30", a chord of 22 74 feet and a chord bearing of S 27°02'45"W , thence due South 115 77 feet along the East line of said lot 71, thence N 89°43'40"W , 50 00 feet to the point of beginning, containing 0 568 acres (Scone Ct. right-of-way) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid quit claim deed, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Knapp, seconded by Meakin and unanimously adopted, it was CR 422-05 RESOLVED, that having considered a communication from the Director of Finance, dated August 1, 2005, and approved for submission by the Mayor, the Council does hereby determine to conduct a public hearing on Monday, October 10, 2005, at TOO p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 1 The proposed annual budget for the City of Livonia for the fiscal year ending November 30, 2006, and 2 The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing, and the City Clerk shall give adequate public notice of said public hearing in accordance with provisions of law and City Charter Regular Meeting of August 15, 2005 39299 On a motion by Meakin, seconded by Robinson and unanimously adopted, it was CR 423-05 RESOLVED, that having considered a communication from the Director of Finance, dated August 1, 2005, and approved for submission by the Mayor, the Council does hereby refer the subject of the Annual Budget for the fiscal year ending November 30, 2006, to the Finance, Insurance And Budget Committee for its report and recommendation Councilmember Meakin recognized David Fry of Boy Scout Troop 875 from St. Paul Presbyterian Church, who was in attendance to observe this Council meeting Councilmember Godfroid-Marecki wished a Happy Birthday to her daughter, Brynn, who turned 15 years of age last week. On a motion by Knapp, seconded by Meakin and unanimously adopted, this 1,542nd Regular meeting of the Council of the City of Livonia was adjourned at 9 08 p m , August 15, 2005 Val Vanderloot, City Clerk