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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-07-05 32367 - c. MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTIETH REGULAR MEETING OF JULY 5, 2000 On July 5, 2000, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Walsh delivered the invocation Roll was called with the following result: John Walsh, John Pastor, Brian Duggan, Jack Engebretson, Val I Vandersloot, and Maureen Miller Brosnan Absent: Joe Laura — military duty Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Ron Reinke, Superintendent of Parks and Recreation, Barbara Lewis, City Librarian, and Karen Tesner, Assistant City Clerk. On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was CR 462-00 RESOLVED, that the minutes of the 1,419th Regular Meeting of the Council held June 14, 2000 are hereby approved as submitted During an audience communication, Councilmember Vandersloot mentioned that her parents are now residents of Livonia and welcomed them to the community Karen Tesner, Assistant City Clerk, announced that City Clerk Joan McCotter is holding an Ice Cream Social on Thursday, July 13, 2000 from 12.00 noon to 1 30 p m at Civic Center Park. A communication from the Department of Finance, dated June 20, 2000, re forwarding various financial statements of the City of Livonia for the month ending May 31 , 2000 was received and placed on file for the information of the Council 32368 A communication from Corsi's Inc., 27910 W Seven Mile Road, Livonia, MI 48152, dated June 20, 2000, re a letter of understanding between the City of Livonia and Corsi's Inc. related to their entertainment permit that is granted subject to conditions, was received and placed on file for the information of the Council (Agenda Item #22) A communication from the Public Service Division, dated June 29, 2000, re. an amendment to their request to purchase three (3) John Deere Gators stating that the local distributor is Commercial Lawnmower, was received and placed on file for the information of the Council (Agenda Item #24) A communication from the Engineering Division, dated June 28, 2000, re the award of contract for the 2000 Pavement Crack and Joint Sealing Program, was received and placed on file for the information of the Council (Agenda Item #37) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 463-00 RESOLVED, that having considered an application from Janel Barber, 18997 Gillman, dated May 29, 2000, requesting permission to close Gillman between Seven Mile and Clarita on Saturday, July 15, 2000, from 12.00 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, July 16, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the police department. CR 464-00 RESOLVED, that having considered an application from Rob Jurczyszyn and Tim McGillivary, 16652 Country Club, dated June 2, 2000, requesting permission to close Country Club between 16652 Country Club south to Grove on Saturday, July 29, 2000, from 4 30 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. 32369 CR 465-00 RESOLVED, that having considered an application from Marc Hage, 34514 Woodvale Drive, dated June 2, 2000, requesting permission to close Oakhill Court in the Coventry Gardens Estates Subdivision on Saturday, August 12, 2000, from 12 45 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 13, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 466-00 RESOLVED, that having considered an application from Lori Campbell, 35547 Minton Court, dated May 19, 2000, requesting permission to close Minton between Minton Court and West Chicago on Saturday, August 5, 2000, from 3.00 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. CR 467-00 RESOLVED, that having considered an application from Anthony Pauletich, 36609 Vargo, dated June 6, 2000, requesting permission to close Vargo Street between Levan and Fitzgerald on Saturday, October 21, 2000, from 1 00 p m to 8 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, October 22, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 468-00 RESOLVED, that having considered an application from Robert D Provalenko, 14054 Sunbury, dated June 15, 2000, requesting permission to close Sunbury between Buckingham and Meadowlark on Saturday, July 29, 2000, from 3 00 p m to 1000 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, August 5, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 469-00 RESOLVED, that having considered an application from Linda Padilla, 19725 Donna, dated June 16, 2000, requesting permission to close Donna between Fairfax and Pembroke on Saturday, August 12, 2000, from 2.00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 19, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. 1 imp 32370 CR 470-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 14, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolutions 330-00 and 331-00, in connection with the possible installation of street lights at the intersection of Wood, Country Club and Fairway Drives, as well as throughout Golfview Meadows Subdivisions No 1 and No 2, the Council does hereby determine to take no further action with respect to this matter CR 471-00 RESOLVED, that having considered a communication from the Mayor, dated June 19, 2000, the Council does hereby approve of and concur in the reappointment of Mr Daniel Piercecchi, 16146 Alpine, Livonia, Michigan 48154, to the City Planning Commission for a term of three years, which will expire on June 9, 2003 CR 472-00 RESOLVED, that having considered a communication from the Mayor, dated June 19, 2000, the Council does hereby approve of and concur in the reappointment of Ms Elaine Koons, 32172 Camborne, Livonia, Michigan 48154, to the City Planning Commission for a term of three years, which will expire on June 9, 2003 CR 473-00 RESOLVED, that having considered a communication from the Mayor, dated June 19, 2000, the Council does hereby approve of and concur in the reappointment of Mr H Shane, 15635 Ellen Drive, Livonia, Michigan 48154, to the City Planning Commission for a term of three years, which will expire on June 9, 2003 A communication from the Livonia Traffic Commission, dated June 13, 2000 and a letter from Erin Edwards, 19199 Augusta Drive, Livonia, 48152, dated April 15, 2000 re traffic concerns at Six Mile Road and the entrance road to Stevenson High School, was received and placed on file for the information of the Council CR 474-00 RESOLVED, that having considered the report and recommendation of the Traffic Commission, dated June 13, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolutions 340-99 and 341-99, regarding the installation of a left turn traffic signal on Six Mile Road at Stevenson High School, the Council does hereby determine to take no further action with respect to this matter CR 475-00 RESOLVED, that having considered a communication from the City Clerk, dated June 6, 2000, to which is attached a communication from ABC Cab, dated June 1, 2000, requesting an increase in the taxi fare REVISED - CR 476-00 32371 meter rates, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation CR 476-00 RESOLVED, that having considered a communication from the City Clerk, dated June 6, 2000, to which is attached a communication from ABC Cab, dated June 1, 2000, requesting an increase in the taxi fare meter rates, the Council does hereby refer the subject of taxi fare meter rates in surrounding communities and any background information (i.e., news articles, etc.) concerning this subject to the Administration for a report and recommendation A communication from the Office of the City Clerk, dated June 1, 2000, re tax rate for the Schoolcraft Community College District for the year 2000 to be Collected as a summer tax, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 16, 2000, re. tax rate for the Wayne County Regional Educational Service Agency (RESA) for the year 2000 to be collected as a summer tax, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 15, 2000, re tax rate for the Livonia Public School District for the year 2000 as approved by the Board of Education on June 5, 2000, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 15, 2000, re tax rate for the Oakland School District for the year 2000 as approved by the Board of Education on June 13, 2000, was received and placed on file for the information of the Council CR 477-00 RESOLVED, that having considered a letter from the Michigan Municipal League, received in the Office of the City Clerk on June 15, 2000, with regard to the Annual Business Meeting to be held on 32372 Mackinac Island on September 28-30, 2000, the Council does hereby designate Councilmember Brian Duggan as the Official Representative and Voting Delegate of the City of Livonia at the Annual Meeting and does further delegate City Councilmember John Walsh 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 478-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 6, 2000, 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 Contracting, Inc., 505 S Sheldon Road, Canton, Michigan 48188, for completing all work required in connection with the landscape improvements at Mies Park at the unit prices as shown on the attachment, which are in the total amount of $83,000 00, the same having been in fact the lowest and only bid received and meets specifications. CR 479-00 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated June 7, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of Calverly Supply, 38995 Schoolcraft, Livonia, Michigan 48150, for completing all work required with respect to the replacement of hot water heaters in 50 apartments at the Newburgh Village housing facility for the total price of $9,450 00, (which amount includes miscellaneous plumbing supplies estimated at $500 00) the same having been in fact the lowest quote received and meets all specifications, FURTHER, the Council does hereby authorize an appropriation and expenditure of a sum not to exceed $9,450 00 from the Newburgh Village Unexpended Fund Balance, which is to be credited to the Newburgh Village Building Maintenance Account No 294-834-931-000 for this purpose, and the Director of the Housing Commission is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Director of the Housing Commission is hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 480-00 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 15, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal of Analytical Systems, Inc (ASI), 15224 Kercheval Road, Grosse Pointe Park, Michigan 48230, to serve as Project Manager in connection with the implementation of the Police Department's new Mobile and Stationary 32373 Information System at the hourly rate of $75 00 per hour ($144,000 00 for the first year, $72,000 00 for year two and $36,000 00 for year three of the project), as set forth in its proposal dated March 2, 2000, FURTHER, the Council does hereby authorize an expenditure in the amount of $144,000 00 from the 1998 and 1999 Block Grants and budgeted funds in carryover Account No 401-000-976-026 for the first year and an expenditure in the amount of $72,000 00 and $36,000 00 for the second and third year, respectively, from Block Grant Funds (if available) or from Federal Forfeiture Funds, and the Chief of Police is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to sign any documents and/or contract for and on behalf of the City of Livonia with ASI, and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby determine to accept such proposal without competitive bidding for the reasons indicated by the Chief of Police, 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 CR 481-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 10, 2000, and a report and recommendation of the Chief of Police, dated May 31, 2000, in connection therewith, the Council does hereby recommend approval of the request from Corsi's Inc to transfer stock in 1974 licensing year in 1999 Class C Licensed Business with Dance Permit by adding Adelia Corsi as new stockholder through transfer of 500 shares of stock from existing stockholder Rocco Corsi (Step I), and to transfer stock in 1999 Class C Licensed Business with Dance Permit by adding Dean R Corsi as new stockholder through transfer of 150 shares of stock from existing stockholder Adelia Corsi, and by adding Louis Corsi as new stockholder through transfer of 150 shares of stock from existing stockholder, Rocco Corsi (Step II) for a business located at 27910 W Seven Mile Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 482-00 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 5, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Water and Sewer Board resolution WS 3309 05/00, the Council does hereby accept the low quotation of Hydro Meter Service, Inc , 3059 Dixie Highway, Waterford, Michigan 48328, to test, repair and calibrate large commercial water meters at the unit prices quoted for all meter sizes requested for the period through December 31, 2000, for the estimated amount of $21,355 00, plus an additional $8,000 00 for the purchase of repair parts, FURTHER, in the event the 32374 aforesaid company is unable to perform the said service, the Council does hereby accept the second low quotation of Metro Meter Service, Inc., 1300 9th Street, Owensboro, Kentucky 42303, as an alternate to perform this work at the unit prices quoted for all meter sizes requested for the period through December 31, 2000, for the estimated amount of$28,810 00, plus an additional $8,000 00 for the purchase of repair parts, and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 14OD4 of the Livonia Code of Ordinances, as amended CR 483-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated June 7, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and a subsequent communication from the Director of Public Works, dated June 29, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of three (3) John Deere 6x4 Gators including power lift kit, brake lights, horn and heavy-duty front suspension from John Deere Company, 4401 Bland Road, P 0 Box 29533, Raleigh, North Carolina 27626-0533, for a net price of $14,973 06, based on a total price of $19,323 06 less trade-ins of $4,350 00, the same to be expended from funds already budgeted for this purpose in the Public Service Division Equipment Maintenance Account No 101-446-987-000 ($9,982 04) and Whispering Willows Golf Course Account No 101-681-987-000 ($4,991 02), FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B0000446), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 484-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated June 9, 2000, 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 (Equipment Maintenance Section) with one (1) all purpose tractor with all weather cab for a net price of $27,472 00, based on a total price of $31,972 00 less trade-in of $4,500 00, the same having been in fact the lowest and only bid received and meets all specifications CR 485-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director 32375 of Public Works, dated June 9, 2000, 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 (Equipment Maintenance Section) with one (1) all purpose tractor with quick attach/detach loader and 60" tiller for a net price of $14,165 00, based on a total price of $16,415 00 less trade-in of $2,250 00, the same having been in fact the lowest bid received and meets all specifications A communication from the Public Service Division, dated June 12, 2000, re the final review of the contract for the irrigation system at Fox Creek Golf Course, was received and placed on file for the information of the Council (CR 164-99) CR 486-00 RESOLVED, that having considered a communication from Councilmember Joe Laura, dated June 2, 2000, submitted on behalf of Ron and Margaret Jenk, 30941 Puritan, regarding the sunken area on the northeast corner of Merriman and Puritan, and the lack of maintenance of the sidewalk leading northbound on Merriman from Puritan, the Council does hereby refer this matter to the Engineering Division for its report and recommendation CR 487-00 RESOLVED, that having considered a communication from Councilmember Brian Duggan, dated June 19, 2000, requesting an amendment to Section 060 of Title 5, Chapter 33 (Garage, Yard, Basement and Rummage Sales) of the Livonia Code of Ordinances, as amended, to allow for two (2) sales during the calendar year without the six-month waiting period, the Council does hereby refer this item to the Administration for its report and recommendation CR 488-00 RESOLVED, that having considered the report and recommendation of Councilmember Brian Duggan, dated June 19, 2000, the Council does hereby refer the matter of the number of complaints received by the City and Waste Management of Michigan, Inc relative to solid waste and recycling pickups, and the amount of fines that should be levied against Waste Management, Inc for violations of the solid waste and recycling contract, to the Mayor for a report and recommendation CR 489-00 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Toni Audia Aloe, 17921 Fairfield, Livonia, Michigan 48152, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2003, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 32376 CR 490-00 Whereas, the City of Livonia believes quality roads are a vital part of any community; and WHEREAS, certain improvements are necessary to Six Mile Road to increase traffic safety and to encourage economic development; and WHEREAS, Wayne County has committed to resurfacing the Road in an area generally described as Six Mile Road from Farmington Road to Merriman Road, and the City of Livonia will assist financially in the resurfacing of the Road, the cost of which is currently estimated at $875,150 00 (which will be adjusted to reflect actual costs); and WHEREAS, the City of Livonia will provide payment to the County of Wayne in the amount of $76,100 00 which represents the estimated local share of project costs (as found in Exhibit A to the Agreement between the City of Livonia and the County of Wayne pertaining to this project), 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 Six Mile Road from Farmington Road to Merriman Road, BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby appropriate the amount of $76,100 00 from the $12 Million General Obligation Road Bond Issue, with future expenditures being made upon receipt of invoices from Wayne County for this purpose, for the reasons outlined in the aforesaid communication CR 491-00 Whereas, the City of Livonia believes quality roads are a vital part of any community; and WHEREAS, certain improvements are necessary to Merriman Road to increase traffic safety and to encourage economic development;,and WHEREAS, Wayne County has committed to widening and resurfacing the Road in an area generally described as Merriman Road from Seven Mile Road to Base Line Road in the City of Livonia, and the City of Livonia will assist financially in the widening and resurfacing of the Road, the cost of which is currently estimated at $2,125,200 00 (which will be adjusted to reflect actual costs), and 32377 WHEREAS, the City of Livonia will provide payment to the County of Wayne in the amount of$184,800 00 which represents the estimated local share of project costs ((as found in Exhibit A to the Agreement between the City of Livonia and the County of Wayne pertaining to this project), 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 widening to five lanes and resurfacing of Merriman Road from Seven Mile Road to Base Line Road, BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby appropriate the amount of $184,800 00 from the General Obligation Road Bond Issue, with future expenditures being made upon receipt of invoices from Wayne County for this purpose, for the reasons outlined in the aforesaid communication A communication from the Department of Law, dated May 26, 2000, re Administrative Response - the question of whether the Planning Commission or the Zoning Board of Appeals should be the first body to consider site plan petitions and requests for approval of signage, was received and placed on file for the information of the Council (CR 348-00) CR 492-00 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 26, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 348-00, regarding the question of whether the Planning Commission or the Zoning Board of Appeals should be the first body to consider site plan petitions and requests for approval of signage, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation CR 493-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 23, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of workstations for the Field Inspectors' Office of the Engineering Division from Corporate Express, Inc , 28241 Mound Road, Warren, Michigan 48092, for the quoted price of $15,543 05, the 32378 same to be expended from funds already budgeted in Capital Outlay Account No 401-000-981-000 ($15,000 00) and Capital Outlay Account No 101-441-987-000 ($543 05) for this purpose, FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 494-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 26, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting proposals received for materials testing and soils investigation services, the Council does hereby accept the proposal submitted by Imaging Subsurface, Inc , 24657 Halsted Road, Farmington Hills, Michigan 48335, for materials testing and soils investigation on an as-needed basis in an amount not to exceed $17,240 00, with a provision that the contract may be extended on an annual basis for two additional years upon agreement by both parties, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $17,240 00 from the Michigan Transportation Fund ($6,000 00 from the Major Road Account and $11,240 00 from the Local Road Account) for this purpose for the reasons outlined in the aforesaid communication, 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 company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the aforesaid action without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 495-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 9, 2000, which bears the signature of the Director of Finance, is approved by the Director of Housing and 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 2000 Pavement Crack and Joint Sealing Program (Contract 00-D) for the total estimated amount of $225,332 00, which is the total amount for Proposal A (Hot Poured) and Proposal B (Over Band), based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $130,000 00 from funds already budgeted in Account No 203-463-818-117 (Local Roads) for this purpose, 32379 FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the amount of $94,357 00 from the Unexpended Fund Balance of the Michigan Transportation Fund (Local Road Account) for this purpose, FURTHER, the Council does hereby authorize funds in the amount of $975 00 to be billed to the Livonia Housing Commission for work to be performed at the McNamara Towers Parking Lot; 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 CR 496-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 12, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of R S Contracting, Inc , 16737 Thirteen Mile Road, Fraser, Michigan 48026, for completing all work required in connection with the installation of lane-delineating reflectors on Newburgh Road between Eight Mile Road and a point just north of Caliburn Drive for the estimated total cost of $9,360 50, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of$9,360 50 from the Michigan Transportation Fund (Major Road Account) for this purpose, FURTHER, the Council does hereby authorize this action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Engineering Division, dated June 14, 2000, re - Administrative Response - the encroachment on the drainage easement adjacent to 36927 Munger—was received and placed on file for the information of the Council (CR 275-00) CR 497-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works, City Engineer, Director of Inspection and City Attorney, dated June 14, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 275- 00, in connection with a request from Joseph Charnawskas regarding the subject of the encroachment of a drainage easement adjacent to 36927 Munger, the Council does hereby refer the matter of what steps will be taken to correct this problem if the situation is not remedied by the owner of the adjacent lot within thirty days to the Mayor for a report and recommendation, FURTHER, the Council does hereby request that a 32380 status report on this matter be submitted by the City Engineer within thirty (30) days CR 498-00 RESOLVED, that having considered a communication from timig the City Planning Commission, dated June 5, 2000, which transmits its resolution 5-107-2000, adopted on May 25, 2000, with regard to Petition 00-5-8-6 submitted by Allen & Laux, Inc., on behalf of Madonna University/DiPonio Wing, requesting site plan approval in connection with a proposal to construct an addition to the existing office building located at 36200 Schoolcraft Road in the Southeast 1/4 of Section 20, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-5-8-6 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP-1, dated April 25, 2000, prepared by Allen & Laux, Inc , is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1, dated May 5, 2000, prepared by Michael J Dul & Associates, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet A2 0, dated May 5, 2000, prepared by Allen & Laux, Inc., is hereby approved and shall be adhered to, 6 That the three walls of the trash dumpster area shall be constructed out of the same glazed masonry material used in the construction of the addition, and the enclosure gates shall be maintained and, when not in use, closed at all times, 7 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated May 16, 2000 - That the site's asphalt curbs shall be repaired and maintained, 32381 - That the parking lot shall be repaired and the spaces shall be double-striped, - That all handicap spaces shall be identified and comply with the Michigan Barrier Free requirements, 8 That no signs, either free-standing or wall mounted, are approved with this petition, and 9 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 499-00 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, August 28, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-4-1-7, submitted by Michael Soave, for a change of zoning of property located on the north side of Five Mile Road between Cavour and Garden in the Southwest 1/4 of Section 13 from R-1 and R-7 to RC, the City Planning Commission in its resolution 6-111-2000 having recommended to the City Council that Petition 00-4-1-7 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution CR 500-00 RESOLVED, that having considered a communication from Bogart's Billiards & Cafe, dated June 22, 2000, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 13, 2000, 32382 by the City Planning Commission in its resolution 6-113-2000 with regard to Petition 00-4-2-17 submitted by Bogart's Billiard Café requesting waiver use approval to operate a limited service restaurant in connection with a billiard parlor proposed to be located within Shelden Center on the south side of Plymouth Road between Farmington Road and Woodring Avenue in the Northwest 1/4 of Section 34, which property is zoned C-2, the Council does hereby designate Wednesday, September 20, 2000, at 7.00 p m as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia CR 501-00 RESOLVED, that having considered a communication from Bogart's Billiards & Cafe, dated June 22, 2000, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 13, 2000, by the City Planning Commission in its resolution 6-114-2000 with regard to Petition 00-4-2-18 submitted by Bogart's Billiard Café requesting waiver use approval to utilize a Class C license in connection with a billiard parlor proposed to be located within Sheldon Center on the south side of Plymouth Road between Farmington Road and Woodring Avenue in the Northwest 1/4 of Section 34, which property is zoned C-2, the Council does hereby designate Wednesday, September 20, 2000, at 7 00 p m as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan NAYS None On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was 32383 CR 502-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 13, 2000, submitted pursuant to Council Resolution 265-00, and a communication from Russell P Flynn, Woodbury Park Homeowners Association Representative, 37288 Weymouth Drive, dated March 20, 2000, appealing the determination of the Livonia Traffic Commission which denied the request for the installation of a "Stop Sign" on the east side of Westchester facing Newburgh Road, the Council does hereby request that the Police Department patrol the area of Westchester and Newburgh Road on Friday and Saturday evenings and deploy a traffic trailer for speed monitoring and traffic counting at the intersection of Westchester and Curtis On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 503-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 13, 2000, submitted pursuant to Council Resolution 265-00, and a communication from Russell P Flynn, Woodbury Park Homeowners Association Representative, 37288 Weymouth Drive, dated March 20, 2000, appealing the determination of the Livonia Traffic Commission which denied the request for the installation of a "Stop Sign" on the east side of Westchester facing Newburgh Road, the Council does hereby request that the Police Department provide a more detailed commentary on the request for the installation of a stop sign on the east side of Westchester facing Newburgh Road, FURTHER, the Council does hereby direct that this item shall remain in the Streets, Roads and Plats Committee for further consideration On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 504-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 13, 2000, submitted pursuant to Council Resolution 265-00, and a communication from Russell P Flynn, Woodbury Park Homeowners Association Representative, 37288 Weymouth Drive, dated March 20, 2000, appealing the determination of the Livonia Traffic Commission which denied the request for the installation of a "Stop Sign" on the east side of Westchester facing Newburgh Road, the Council does hereby refer the subject of the number of traffic accidents occurring at the intersections of Curtis and Heatherlea, as well as Curtis and Westchester, in the vicinity 32384 of Westchester and Newburgh Road to the Police Department for a report and recommendation A communication from the Engineering Division, dated June 28, 2000, re the results of a homeowner survey of affected residents on Stonehouse and Lamont Streets asking if they wished to proceed with the paving and storm drainage project in this area, was received and placed on file for the information of the Council A petition signed by residents of Stonehouse Street, received by the Office of the City Clerk on June 26, 2000, re the dissolution of the Special Assessment District on that street, was received and placed on file for the information of the Council A communication from the Engineering Division, dated June 22, 2000, re forwarding a report and analytical samples from IT-Group summarizing the collection of surface water samples from the drainage culverts located on Lamont and Stonehouse Streets, was received and placed on file for the information of the Council A communication from the Engineering Division, dated June 22, 2000, re the forwarding of the withdrawal of a bid for the Special Assessment District Paving Project on Stonehouse and Lamont Streets from the original bidder, Welltech Eastern, due to their construction schedule, and a "no interest" answer from the second bidder, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Vandersloot, and unanimously adopted, it was. CR 505-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 13, 2000, submitted pursuant to Council Resolution 308-00, and a communication dated January 27, 2000, from the Director of Public Works and the City Engineer, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the special assessment roll for the street improvement consisting of the 32385 placement of three (3") inches overlay over the top of the existing four (4") inch asphalt road and widen two (2') feet on each side of the road with a two (2") inch high mountable asphalt curb (Alternate Ill Modified) for Lamont Street (130 feet north of Joy Road to 200 feet south of Northfield Avenue) and Stonehouse Avenue (130 feet north of Joy Road to Minton Avenue), and the Council having further considered this matter at a public hearing held on Wednesday, March 29, 2000, the Council does hereby determine to proceed no further with the special assessment proceedings heretofore commenced for the proposed improvement of Stonehouse Avenue, FURTHER, the Council does hereby refer this matter to the City Assessor and City Treasurer for the preparation of appropriate special assessment refund rolls revising such special assessment on a pro rata basis with the owners of property assessed and located on Stonehouse Avenue only, such refunds to be made by credit against future unpaid installments in the inverse order in which they are payable to the extent such installments exist, and the balance of such refunds to be in cash, pursuant to the provisions set forth in Section 3 08 260 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby determine to proceed with the special assessment proceedings for Lamont Avenue only, and the Council does hereby determine that certain deficiencies do exist and in accordance with the provisions set forth in Section 3 08 270 of the Livonia Code of Ordinances, as amended, that the following additional assessments (91%) shall be levied against lots or parcels of land located on Lamont Street only in Special Assessment District No 401 to cover the cost of the aforesaid, such assessments to be made on the basis of the same ratio as that originally assessed for the said Special Assessment District (Lamont Street only) Special Assessment District No, Additional Assessment 401 91% increase (amounting to a total of$61 98 per assessable foot instead of $32 50 per assessable foot) FURTHER, the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 506-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 32386 13, 2000, submitted pursuant to Council Resolution 309-00, and a communication dated January 27, 2000, from the Director of Public Works and the City Engineer, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the improvement of Lamont Street, the Council does hereby determine to take no further action with respect to Council Resolution 309-00 On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 507-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 13, 2000, submitted pursuant to Council Resolution 311-00, and a communication dated January 27, 2000, from the Director of Public Works and the City Engineer, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to unit price bid of Welltech Eastern, Inc , 5976 Venture Way, Mt. Pleasant, Michigan 48858, for completing all work required in connection with the Stonehouse Avenue and Lamont Street Improvement and Storm Sewer Project, the Council does hereby determine to take no further action with regard to this bid based upon the withdrawal of same by a letter dated June 19, 2000, from Welltech Eastern, Inc. Councilmember Duggan gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (PETITION 99-9-3-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (PETITION 00-2-3-1) 32387 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Engebretson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 070 OF TITLE 5, CHAPTER 06 (ALARM SYSTEMS AND DEVICES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Duggan gave first reading to the following Ordinance AN ORDINANCE ADDING SECTIONS 030, 040, 050, 060 AND 070 TO TITLE 10, CHAPTER 03 (GENERAL PROVISIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for future consideration A communication from Brian Peters, 8917 Newburgh Road, Livonia, MI 48150, dated June 29, 2000, re his agreement to pay for paving of the extended portion of Clarita in relation to his request for a lot split of 18840 and 18844 Harrison, was received and placed on file for the information of the Council Brian Peters, petitioner for a lot split of property located at 18840 and 18844 Harrison, was present at the meeting to answer questions of the Council 32388 On a motion by Engebretson, seconded by Duggan, it was. CR 508-00 RESOLVED, that having considered a communication from the City Assessor, dated June 9, 2000, approved for submission by the Mayor, with regard to a request from Brian Peters, 8917 Newburgh, Livonia, Michigan 48150, to divide and combine Tax Item Nos 46-045-03- 0043-002 and 46-045-03-0044-001 into two (2) parcels, located south of Seven Mile Road and west of Inkster Road (18840 Harrison and 18844 Harrison), the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Engebretson, Vandersloot and Brosnan NAYS Walsh and Pastor The President declared the resolution duly adopted On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 509-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 5, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 57-00, in connection with the reconstruction of Henry Ruff between Five Mile Road and Lyndon, the Council does hereby concur with the recommendation of the Engineering Division in that the City will assume 80% of the reconstruction costs of Henry Ruff and the residents and school district will assume 20% of the costs, with an assessment rate of $39 36 per assessable foot to be borne by the residents, FURTHER, the school district will participate in the cost of the storm sewer installation in the amount of $10,000 00 with the City paying the balance of $41,000 00, FURTHER, Council Resolution 57-00 is hereby amended to the extent necessary to be consistent with this resolution A fax communication from Odd-Job Stores, parent company of Mazel's Stores, re revised wall sign drawing for Mazel's at Wonderland Mall, was received and placed on file for the information of the Council (Petition 00-5-SN-5) 32389 A revised sign rendering dated June 17, 2000 re the wall sign proposed for Mazel's Store at Wonderland Mall, was received and placed on file for the information of the Council (Petition 00-5-SN-5) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. CR 510-00 RESOLVED, that having considered a communication from the City Planning Commission, dated June 5, 2000, which transmits its resolution 5-108-2000, adopted on May 25, 2000, with regard to Petition 00-5-SN-5, submitted by Mazel's, requesting approval for signage at the Wonderland Mall located at 28525 Plymouth Road in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-5-SN-5 is hereby approved, subject to the following conditions 1 That the Sign Package prepared by T J Twydell Sign Professionals, received by the Planning Commission on May 12, 2000, and approved by the Planning Commission on May 25, 2000, showing the square footage of the sign to be a maximum of 120 6 square feet, is hereby approved and shall be adhered to, and 2 That this wall sign shall not be illuminated beyond one (1) hour after the mall closes Mr Reinhard Lemke, representative of Wonderland Mall, 29525 Plymouth Road, Livonia, MI 48150 and Mr Tom Twydell, representative of Twydell Sign Professionals, P 0 Box 81671, Rochester, MI 48308 were present at the meeting to answer questions of the Council (Petition 00-5-SN-5) On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was. CR 511-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from MascoTech Forming Technologies-Livonia, a division of MascoTech, Inc , also known as Hi-Vol Products, Inc., dated April 7, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District No 78, and 32390 WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded MascoTech Forming Technologies-Livonia, a division of MascoTech, Inc , also known as Hi-Vol Products, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Wednesday, June 7, 2000, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, MascoTech Forming Technologies-Livonia, a division of MascoTech, Inc , also known as Hi-Vol Products, Inc., finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974 , as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from MascoTech Forming Technologies-Livonia, a division of MascoTech, Inc., also known as Hi-Vol Products, Inc , covering new industrial facilities to be located within the City of Livonia Industrial Development District No 78 for 12 years upon completion of the two (2) year construction period 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a letter of agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facility Exemption Certificates Councilmember Duggan left the podium at 9 01 due to a conflict of interest. 32391 On a motion by Vandersloot, seconded by Engebretson, and unanimously adopted, it was CR 512-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 4, 2000, which sets forth its resolution 3-57-2000, adopted on March 28, 2000, with regard to Petition 00-2-1-2, submitted by Leo Soave, for a change of zoning of property located on the south side of Seven Mile Road between Blue Skies Drive and Glengarry Drive in the Northeast 1/4 of Section 7, from R-3C to OS, and the Council having conducted a public hearing with regard to this matter on Monday, June 19, 2000, pursuant to Council Resolution 276-00, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-2-1-2 is hereby denied for the following reasons 1 That the proposed zoning is not compatible with its surroundings, 2 That the proposed zoning will have a negative effect on property values, 3 That rezoning this property to OS does not comply with the Master Plan, 4 That the proposed rezoning is not necessary to further develop the property; 5 That the proposed rezoning will cause unnecessary traffic on Blue Skies, and 6 That the proposed rezoning requested is a prime example of spot zoning at its worst. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Engebretson, Vandersloot and Brosnan NAYS None The President declared the resolution duly adopted Councilmember Duggan returned to the podium at 9 02 p m On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was 32392 CR 513-00 RESOLVED, that having considered a communication from the Department of Law, dated June 21, 2000, approved for submission by the Mayor, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation regarding Smith v City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan NAYS None The President declared the resolution duly adopted On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 514-00 RESOLVED, that having considered a communication from the Department of Law, dated June 19, 2000, submitted pursuant to Council Resolution 472-99, transmitting for Council acceptance a Quit Claim Deed executed by Francis H Auffenberg and John C Auffenberg, a Michigan partnership, conveying to the City certain right-of-way in connection with Petition 99-3-2-10, submitted by AME Group, Inc., on behalf of Livonia Volkswagen, Inc , requesting waiver use approval to construct an addition to the Hyundai car showroom and renovations to the Volkswagen showroom and building located at 34501 Plymouth Road, such property being described as follows The North 27 feet of the following described parcels Commencing at the Northwest comer of Lot 76 of Supervisor's Livonia Plat #1 of part of the East 1/2 of the Northwest 1/4 of Section 33, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as recorded in Liber 65 of Plats, Page 52, Wayne County Records, running thence South 89 degrees 54 minutes 30 seconds East along the South line of Plymouth Road (66 feet wide), a distance of 200 00 feet; thence South 0 degrees 36 minutes 00 seconds East 351 79 feet to the South line of said Lot 76, thence south 89 degrees 02 minutes 30 seconds West along said South line 199 99 feet; thence along the West line of said Lot 76, North 0 degrees 36 minutes 00 seconds West 355 45 feet to the point of beginning, and 32393 Commencing at the Northwest comer of Lot 76 of Supervisor's Livonia Plat #1 of part of the East 1/2 of the Northwest 1/4 of Section 33, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as recorded in Liber 65 of Plats, Page 52, Wayne County Records, running thence South 89 degrees 54 minutes 30 seconds East along the South line of Plymouth Road (66 feet wide), a distance of 200 00 feet for a point of beginning, thence continuing South 89 degrees 54 minutes 30 seconds East along said South line 164 66 feet to the East line of Lot 76, thence South along said East line of Lot 76, 146 99 feet; thence North 89 degrees 54 minutes 30 seconds West 163 12 feet; thence North 0 degrees 36 minutes 00 seconds West 147 00 feet to the point of beginning, and Lot 1, Supervisor's Livonia Plat #1 of part of the East 1/2 of the Northwest 1/4 of Section 33, Town I South, Range 9 East, City of Livonia, Wayne County, Michigan as recorded in Liber 65 of Plats, Page 52, Wayne County Records (Right of way purposes, being Plymouth Rd , a public highway ) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed, and further, that the Mayor and City Clerk are hereby authorized to execute a Quit Claim Deed conveying the above-described property to the State of Michigan in a form to be approved by the Department of Law On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. CR 515-00 RESOLVED, that having considered a communication from the Department of Law, dated June 16, 2000, submitted pursuant to Council Resolution 139-00, in connection with the swap of the City of Livonia's John Stymelski Veterans' Park site for a portion of the land known as the Bentley High School site owned by the Livonia Public Schools and transmitting for Council acceptance a Warranty Deed and a Quit Claim Deed executed by the Livonia Public Schools conveying to the City certain property described as follows Lots 27 to 52, inclusive, except the North 35 feet thereof, also Lots 53 to 182, inclusive, also all adjacent vacated streets and alleys, of "Livonia Park Subdivision" of N W 1/4 of N E 1/4 of Section 22, T 1 S , R 9 E , Livonia Twp , (now City of Livonia), Wayne County, Michigan As recorded in Liber 51, Page 92, W C R. More particularly described as beginning at the intersection of the East line of Hubbard Ave , (86 feet wide) with the South line of Five Mile 32394 Road (as widened) Distant South 00 degrees 01 minutes 50 seconds East 88 00 feet and South 89 degrees 45 minutes 00 seconds East 43 00 feet from the North 1/4 corner of Section 22, T 1 S , R. 9 E , and proceeding thence South 89 degrees 45 minutes 00 seconds East 621 55 feet, along the South line of Five Mile Road (as widened), thence South 00 degrees 09 minutes 29 seconds East 1199 18 feet; thence 89 degrees 19 minutes 58 seconds West (recorded as North 89 degrees 20 minutes 00 seconds West) 625 53 feet along the North line of Jamison Avenue (60 feet wide), thence North 00 degrees 01 minutes 50 seconds East (recorded as North) 1194 60 feet along the East line of Hubbard Ave , (86 feet wide) to the point of beginning Containing 17 13 acres Subject to easements of record the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed and Quit Claim Deed, and the City Clerk is hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution On a motion by Vandersloot, seconded by Engebretson, and unanimously adopted, it was CR 516-00 RESOLVED, that having considered a communication from the City Librarian, dated June 2, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations, in the total value of $2,410 00, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $2,410 00 to Account No 702-000- 285-271 for the purposes as designated by the donors Barbara Lewis, City Librarian, spoke to the Council regarding the donations made to the Livonia Public Library On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 517-00 RESOLVED, that having considered a communication from the Director of Finance, dated June 23, 2000, and approved for submission by the Mayor, the Council does hereby determine to conduct a Public Hearing on Monday, October 16, 2000, at TOO p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 32395 1 The proposed annual budget for the City of Livonia for the fiscal year ending November 30, 2001, 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 On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 518-00 RESOLVED, that having considered a communication from the Director of Finance, dated June 23, 2000, '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, 2001, to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Engebretson, seconded by Duggan, and unanimously adopted, this 1420th Regular Meeting of the Council of the City of Livonia was adjourned at 9 09 p m , July 5, 2000 Ni4L. 1)/lei Join McCotter, City Clerk