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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-07-07 34707 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTEENTH REGULAR MEETING OF JULY 7, 2004 On July 7, 2004, 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 Kokenakes delivered the invocation Roll was called with the following result: Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, and Gerald Taylor Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney and Val Vandersloot, City Clerk. On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 288-04 RESOLVED, that the minutes of the 1,515th Regular Meeting of the Council held June 16, 2004 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember Knapp reminded the citizens of the existence of the City's emergency radio station, which can be found on the radio dial at 1670 AM Council President Taylor announced a Public Hearing for the following item to be held on Wednesday, September 1, 2004 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Petition 2004-04-02-24 submitted by Pete Wood Plumbing requesting waiver use approval to expand outdoor storage for contractors to store commercial vehicles at 31675 Eight Mile Road, located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3 (Petition Denied by the CPC 6-15-04 on Appeal to Council ) 34708 Regular Meeting of July 7, 2004 A communication from the Finance Department, dated June 21, 2004, re forwarding the financial statements of the City of Livonia for the month ending May 31, 2004, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Knapp, it was CR 289-04 RESOLVED, that having considered an application from Amanda DellaSavia, 34367 Capitol, dated June 9, 2004, requesting permission to close Capitol/Beacon, between Stark Road and Brewster on Saturday, July 31, 2004, 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, the action taken herein being made subject to the approval of the Police Department. CR 290-04 RESOLVED, that having considered an application from Phyllis Heavenridge, 9246 Woodring, dated June 9, 2004, requesting permission to close Woodring between Vermont and Oregon on Saturday, August 7, 2004, 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, including therein permission to conduct the said affair on Sunday, August 8, 2004, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 291-04 RESOLVED, that having considered a communication from James M Evans, Field Set-Up for the St. Andrew's Society of Detroit Annual Highland Games, dated June 3, 2004, which requests permission to display two banner signs (4' x 8') on the fencing at Greenmead and 24" x 18" signs at various locations in the City announcing the St. Andrew's Society of Detroit Annual Highland Games to be held Saturday, August 7, 2004, at Greenmead, which signs shall be installed no earlier than Wednesday, July 28, 2004, and removed no later than Tuesday, August 10, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted CR 292-04 RESOLVED, that having considered a letter from Dale Coller, Event Chariman, on behalf of the Rotary Club of Livonia, dated June 2, 2004, requesting permission to sell beer, to place a banner at the entrance to Rotary Park for a period not to exceed two weeks, and to place 18"x 28" wire mounted signs at various intersections of the City, announcing the Rotary Club of Livonia's Annual Bar-B-Que and Family Fun Fest to be held at Rotary Park on Sunday, August 8, 2004, as a fund- raiser for Rotary Park and other Rotary community and international projects, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 34709 Regular Meeting of July 7, 2004 I The Rotary Club of Livonia shall provide the City of Livonia with an appropriate insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, and such certificate of insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2 That all alcoholic beverages will be sold only by Rotarians and proof of legitimate drinking age will be required, 3 That alcoholic beverages will be served in a fenced off area, 4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit from the State of Michigan prior to this event; 5 That medical and security personnel shall be on site at all times, and 6 That the wire-mounted road signs will be installed on July 24, 2004 and removed by Monday, August 9, 2004 CR 293-04 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 7, 2004, which bears the signature of the Director of Finance, is approved by the Director of Public Safety, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of Patrol and Intelligence Bureau vehicles as follows One (1) Pontiac from Red Holman Pontiac - GMC, 35300 Ford Road, Westland, Michigan 48185, in the amount of $23,274 00, through the Oakland County consortium, Two (2) Dodges from Aurand Slingerland Dodge, 3140 E M 21, Owosso, Michigan 48867, in the total amount of $43,518 25, through the Oakland County consortium, One (1) Ford from Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183, in the amount of $15,289 00 through the State of Michigan bid, Five (5) Chevrolets from Shaheen Chevrolet, P 0 Box 27247, Lansing, Michigan 48909, in the total amount of $92,000 00, through the State of Michigan bid, FURTHER, the total amount of $174,081 25 is hereby authorized to be expended from funds already budgeted for this purpose ($84,081 25 from Account No 265-334-985-000 - Federal Forfeiture Fund and $90,000 00 34710 Regular Meeting of July 7, 2004 from Supplemental Capital Outlay Account No 401-000-985-000); FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Oakland County and State of Michigan consortium bids and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Office of the City Clerk, dated June 14, 2004, re tax rates for the Wayne County Regional Educational Service Agency (RESA) for the year 2004, and the collection of same as a summer tax, was received and placed on file for the information of the Council CR 294-04 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 3, 2004, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3524 06/04, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated May 26, 2004, attached thereto, the Council does hereby accept the bid of Jack Doheny Supplies, Inc , 777 Doheny Court, Northville, Michigan 48167, for supplying the Public Service Division (Water and Sewer Section) with one (1) truck-mounted Sewer Jet Rodder (SECA Model 800-H) for a net price of$121,987 00, based on a total price of $144,487 00 less trade-in of $22,500 00, the same having been the lowest bid received which meets specifications CR 295-04 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 3, 2004, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3523 06/04, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated May 19, 2004, attached thereto, the Council does hereby accept the bid of Burke Equipment Company, 36000 Mound Road, Sterling Heights, Michigan 48310, for supplying the Public Service Division (Water and Sewer Section) with two (2) 6-inch trailer-mounted trash pumps, Thompson Model 6HT-DDST-4-2011 for a total price of $34,990 00, the same having been the lowest bid received which meets specifications CR 296-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated June 7, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 2005 International 34711 Regular Meeting of July 7, 2004 cab and chassis with a Jerr-Dan steel flatbed for a total price of $59,960 00, for the Public Service Division (Equipment Maintenance Section) from Fallsway Equipment Company, 3301-D Lapeer Road, Auburn Hills, Michigan 48326, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, and the amount of $59,960 00 is hereby authorized to be expended from funds already budgeted in Account No 401-000-985-000 (Equipment Maintenance Capital Outlay) for this purpose (pursuant to Council Resolution 221-04) CR 297-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated June 7, 2004, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of six (6) 2005 Ford F250 4x4 extended cab pickup trucks and related equipment in the amount of $130,388 00, one (1) 2005 Ford Econoline (3/4 ton cargo van) in the amount of $14,292 00; five (5) 2005 Ford Taurus SEL sedans in the amount of $74,820 00, and one (1) 2005 Ford Econoline (8 passenger) in the amount of $19,039 00, from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48183, FURTHER, the total amount of $238,539 00 is hereby authorized to be expended from funds already budgeted in Account No 401-000-985-000 (Equipment Maintenance Capital Outlay) for this purpose (pursuant to Council Resolution 221-04); FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding inasmuch as the same is based upon the low State of Michigan bid prices, 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 298-04 RESOLVED, that Leo Soave Building, Inc., 20592 Chestnut Circle, Livonia, Michigan 48152, as proprietor, having requested the City Council approve the proposed Cavell Woods Site Condominium Development in the Northeast 1/4 of Section 24 of the City of Livonia (hereafter the "Condominium"), and it further appearing that approval of the site plan for the Condominium was given by the City Planning Commission on June 17, 2003, and by the City Council on August 27, 2003 (and as amended and revised on December 3, 2003), and it further appearing the such Site Plan, together with Development Plans and Specifications for Improvements have been examined and approved by the Department of Public Works as set forth in the report of that Department dated June 2, 2004, and the City Council having approved the Master Deed on August 27, 2003, in Council Resolution 451-03 34712 Regular Meeting of July 7, 2004 (subsequently amended in Council Resolution 628-03), therefore, the City Council does hereby establish the following requirements. (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, and the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in L. such ordinance provisions, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved Development Plans, (5) That as a condition of obtaining final approval of the Master Deed prior to the completion of all required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts (a) General Improvement Bond $260,000 00 ($ 10,000 00 minimum cash) (b) Sidewalk Bond $ 21,000 00 ($ 5,000 00 minimum cash) 34713 Regular Meeting of July 7, 2004 (c) Grading & Soil Erosion Control Bond $ 3,000 00 (all cash) (d) Landscape/Entrance Markers $ 25,000 00 ($ 5,000 00 minimum cash) and require cash payments in addition to the above amounts, in the total amount of$34,055 00 (6) That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this condominium development; and (7) That the distribution lines for telephones and electric service are to be placed underground and ornamental streetlights are to be provided throughout the Condominium in accordance with City ordinances CR 299-04 RESOLVED, that having considered a communication from the City Planning Commission, dated June 7, 2004, which sets forth its resolution 06-77-2004 adopted on June 1, 2004, with regard to Petition 2004-04-02-23 submitted by Rolaro, Inc , d/b/a Rio Wraps, requesting waiver use approval to operate a limited service restaurant (Rio Wraps Restaurant) located at 33523 Eight Mile Road, on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004- 04-02-23 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats shall be limited to no more than 30 seats, 2 That the following issues as outlined in the correspondence dated May 10, 2004 from the Inspection Department shall be rectified to that Department's satisfaction • That this space shall meet the current barrier free code in its entirety, including any point-of-sale counter, exterior entry door and all bathrooms, • That the barrier free exterior access ramp shall be repaired or replaced, REVISED 7/27/04 - SEE BOLD TYPE CR 301-04 PAGE 34714 Regular Meeting of July 7, 2004 3 That a dumpster shall be provided for the subject restaurant and shall be emptied regularly as needed A roll call vote was taken on the foregoing resolutions with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None A communication from Scott Heinzman, 37601 Grantland, Livonia, 48150, dated June 9, 2004, re his support of allowing massage therapists to work in private homes, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 300-04 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated June 22, 2004, submitted pursuant to Council Resolution 294-03, regarding the subject of proposed amendments to Zoning Ordinance No 543, as amended, to allow myomassologists (massage therapists) to either open their own office, or to work in health clubs, hair salons, day spas, for corporate chair massages, or in a YMCA within the City limits, the Council does hereby refer the proposed ordinance amendment to Section 5 48 090 of the Livonia Code of Ordinances, as amended, with suggested changes, to the Department of Law for preparation and submission to Council On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 301-04 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated June 22, 2004, submitted pursuant to Council Resolution 294-03, regarding the subject of proposed amendments to Zoning Ordinance No 543, as amended, to allow myomassologists (massage therapists) to either open their own office, or to work in health clubs, hair salons, day spas, for corporate chair massages, or in a YMCA within the City limits, the Council does hereby refer the proposed amendments to sections 2 08, 9.03, 10 03 and 11 03 of Zoning Ordinance No 543, as amended, to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance 34715 Regular Meeting of July 7, 2004 A communication from Scott D Edwards, Plunkett & Cooney, on behalf of Cameron Mitchell Restaurants, LLC, dated June 23, 2004, re withdrawal of their request for a new Class C Quota License, and their intent to obtain a Wayne County on- premise license for transfer and use at the Mitchell's Fish House, 17600 Haggerty Road, was received and placed on file for the information of the Council A communication from John B Carlin, Jr , Plunkett & Cooney, on behalf of Cameron Mitchell Restaurants, LLC, dated June 28, 2004, re clarifying that Mitchell's Fish House, 17600 Haggerty Road, will not be making an application for an SDM license, but only a Class C license, was received and placed on file for the information of the Council A communication from Scott D Edwards, Plunkett & Cooney, on behalf of Cameron Mitchell Restaurants, LLC, dated June 30, 2004, re Mitchell's Fish House, 17600 Haggerty Road, acquiring a Class C Liquor License from Zivko Marinkovich, currently located at 8414-8418 Michigan Avenue, Detroit (Wayne County), Michigan 48210, was received and placed on file for the information of the Council On a motion by McCann, seconded by Robinson, and unanimously adopted, it was CR 302-04 RESOLVED, that having considered a letter from John B Carlin, Jr , Plunkett & Cooney, on behalf of Cameron Mitchell Restaurants, LLC, dated June 10, 2004, with regard to a request from Cameron Mitchell Restaurants, LLC (Mitchell's Fish Market) requesting approval of an application for a new Michigan Liquor Control Commission Class C full year liquor license for a full service restaurant to be located at 17600 Haggerty Road, on the east side of Haggerty between Six Mile and Seven Mile Roads, Livonia, Michigan, Wayne County, the Council does hereby determine to take no further action with regard to this matter 34716 Regular Meeting of July 7, 2004 A communication from John B Carlin, Jr , Plunkett & Cooney, on behalf of Bravo Development, Inc , dated June 28, 2004, re clarifying that Bravo Restaurant, 17700 Haggerty Road, will not be making an application for an SDM license, but only a Class C license, was received and placed on file for the information of the Council On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 303-04 RESOLVED, that having considered a letter from John B Carlin, Jr , Plunkett & Cooney, on behalf of Bravo Development, Inc. d/b/a/ Cucina Development Inc , dated June 10, 2004, requesting approval of an application for a new Michigan Liquor Control Commission Class C full year liquor license, a Sunday Sales Permit, an Official Permit for the Sale of Food on Sundays, and an Outdoor Service Permit for a full service restaurant to be located at 17700 Haggerty Road, Livonia, Michigan, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others", and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from the Assessment Department, dated June 30, 2004, re its policy of assessing cell tower structures as personal property and not real property, was received and placed on file for the information of the Council A communication from Joseph Winter, 17255 Carol, Livonia, 48152, dated June 29, 2004, re supporting the proposed T-Mobile flagpole wireless communication tower at Beth El Cemetery located at 28300 Six Mile Road, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 304-04 RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2004, which sets forth its Elko resolution 06-76-2004 adopted on June 1, 2004, with regard to Petition 34717 Regular Meeting of July 7, 2004 2004-04-02-22, submitted by Scott Iglehart, on behalf of T-Mobile, requesting waiver use approval to erect a flagpole wireless communication tower at the Beth El Cemetery located at 28300 Six Mile Road, on the north side of Six Mile Road between Middlebelt Road and Carol Drive in the Southwest 1/4 of Section 12, which property is zoned AG, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-04-02-22 is hereby approved and granted, subject to the following conditions 1 That the Survey Site Plan, marked Sheet Number S-1, prepared by Landtech Professional Surveying and Engineering, dated May 12, 2004, as revised, is hereby approved and shall be adhered to, 2 That the Enlarged Site Plan, marked Sheet Number C-1, prepared by Landtech Professional Surveying and Engineering, dated May 12, 2004, as revised, is hereby approved and shall be adhered to, except that the proposed landscaping around the lease area shall consist of minimum eight (8) foot high evergreen trees spaced ten (10) feet apart on-center; 3 That the Elevation and Mounting Details Plan, marked Sheet Number C-2, prepared by Landtech Professional Surveying and Engineering, dated May 12, 2004, as revised, is hereby approved and shall be adhered to, 4 That the proposed landscaping shown on the above referenced Enlarged Site Plan shall consist of a minimum of eight (8) foot high evergreen trees planted ten (10) feet on-centers and shall be installed to the satisfaction of the Inspection Department; 5 That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; and 6 That the 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 Kokenakes, seconded by Robinson, and unanimously adopted, it was CR 305-04 RESOLVED, that having considered a communication from the City Planning Commission, dated June 8, 2004, which sets forth its resolution 06-79-2004 adopted on June 1, 2004, with regard to Petition 2004-04-02-25 submitted by Clippers Landscaping, requesting waiver use 34718 Regular Meeting of July 7, 2004 approval for outdoor storage of landscape supplies and equipment at a business located at 13320 Stark Road, on the east side of Stark Road between Schoolcraft Road and the CSX Railroad in the Northeast 1/4 of Section 28, which property is zoned M-1, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-04-02-25 is hereby approved and granted, subject to the following conditions 1 That the Site Plan submitted by Clippers Landscape and Supply, dated April 30, 2004, is hereby approved and shall be adhered to, 2 That the outdoor storage of trucks, trailers, equipment and materials shall be limited to the locations shown on the approved Site Plan and shall be maintained in an orderly manner; 3 That the bulk storage bins shall be constructed in accordance with the details provided on the Site Plan, and the outdoor storage of all loose material such as mulch, stone, sand, topsoil, bark, peat and salt shall only occur within these bins, 4 That the landscaped areas shall receive needed maintenance to the satisfaction of the Inspection Department and shall thereafter be permanently maintained in a healthy condition, 5 That there shall be no outdoor storage of inoperable equipment, scrap material, debris or other similar items generated by the subject use, 6 That the following issues as outlined in the correspondence dated May 10, 2004, from the Inspection Department shall be resolved to that department's satisfaction • A pipe frame for an indeterminate use in the front yard, either in or close to the right-of-way, shall be removed, • The salt storage area must be constructed to meet MDEQ standards and is reviewed as uncovered or open, • All existing structures, sheds and hoppers, outside of the main building, numbering 4, shall be demolished and removed as per site plan, • The parking lot shall receive maintenance, repair, resealing and double striping of required parking, accessible parking nearest the building entry shall be signed and marked, 34719 Regular Meeting of July 7, 2004 • The grade elevation differential between this site and the north abutting property will need to be addressed by the petitioner; and law 7 That the 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 Meakin, seconded by Knapp, and unanimously adopted, it was CR 306-04 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, Craig S Pastor, 20072 Parker, Livonia, Michigan 48152, is hereby appointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2007, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that Mr Pastor takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. On a motion by Robinson, seconded by McCann, and unanimously adopted, it was CR 307-04 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, Sam Caramagno, 17441 Merriman, Livonia, Michigan 48152, is hereby appointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2007, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that Mr Caramagno takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. On a motion by McCann, seconded by Meakin, and unanimously adopted, it was CR 308-04 RESOLVED, that having considered a communication from the Police Chief, dated June 21, 2004, which bears the signature of the Director of Finance and the Director of Public Safety, and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a Bonus Grant Award in the amount of$600 00 from the Wal-Mart Foundation, 702 S W 8th Street, Bentonville, Arkansas 72716, 34720 Regular Meeting of July 7, 2004 the same to be deposited in and credited to Account No 702-----285-213 (Police Crime Prevention) to be used toward the purchase of new Police Honor Guard uniforms On a motion by Kokenakes, seconded by Robinson, and unanimously adopted, it was CR 309-04 RESOLVED, that having considered a communication from the Department of Law, dated June 24, 2004, approved for submission by the Mayor, transmitting for Council acceptance three Grants of Easement, more particularly described as (1) Grant of Easement dated June 17, 2004, executed by Pietro and Maria Bevacqua, to the City of Livonia, for* An easement described as The West twelve (12) feet of the following parcel of land Part of Lots 38 and 39, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T1 S , R9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records Being more particularly described as Commencing at the northeast corner of said Lot 39, thence South 00°19'15" E , 290 03 feet along the east line of said Lot 39 to the point of beginning, thence continuing along said east line South 00°19'15" E , 107 90 feet; thence South 89°17'55" W 152 22 feet to a point on the west line of said Lot 38, thence North along said west line 106 72 feet; thence North 88'51'01" E 151 62 feet to the point of beginning Parcel ID No 089010038002 (2) Grant of Easement dated June 17, 2004, executed by Pietro and Maria Bevacqua, to the City of Livonia, for An easement described as The South six (6) feet; Also, the West twelve (12) feet of the following parcel of land Part of Lots 38 and 39, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R.9 E Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records Being more particularly described as Commencing at the northeast corner of said Lot 39, thence South 00°19'15" E , 397 93 feet along the east line of said Lot 39 to the point of beginning, thence continuing along said east line South 00°19'15" E , 107 90 feet; thence South aim 89°44'35" W 152 82 feet to a point on the west line of said Lot 38, 34721 Regular Meeting of July 7, 2004 thence North along said west line 106 72 feet; thence North 89°17'55" E 152.22 feet to the point of beginning Parcel ID No 089010038003 (3) Grant of Easement dated June 17, 2004, executed by Pietro and Maria Bevacqua, to the City of Livonia, for An easement described as. The North six (6) feet of the following parcel of land Part of Lots 38 and 39, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R.9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records. Being more particularly described as Commencing at the northeast corner of said Lot 39, thence South 00°19'15" E., 505 83 feet along the east line of said Lot 39 to the point of beginning, thence continuing along said east line South 00°19'15" E , 107 91 feet to the southeast corner of said Lot 39; thence North 89°48'40" W 153 42 feet along the south line of said Lots 39 and 38 to the southwest corner of said Lot 38, thence North 106 72 feet along the west line of said Lot 38, thence North 89°44'24" E 152 82 feet to the point of beginning Parcel ID No 089010038004 the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Grants of Easement 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 Meakin, seconded by Kokenakes, and unanimously adopted, it was. CR 310-04 RESOLVED, that having considered a communication from the Department of Law, dated June 29, 2004, approved for submission by the Mayor, with regard to a proposed amendment to Council Resolution 189-04 in connection with the 2004 Asphalt Pavement Rehabilitation/ Reconstruction Paving Program and the 1,800 feet of additional paving of Ann Arbor Trail in the City of Westland, the Council does hereby amend and revise Council Resolution 189-04 to read as follows RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 29, 2004, which bears the signature of the Director of Finance, is approved by the 34722 Regular Meeting of July 7, 2004 Director of Public Works and is approved for submission by the Mayor, regarding a proposed amendment to the Engineering Services Contract for Design and Construction Services between the City of Livonia and Orchard, Hiltz & McCliment, 34000 Plymouth Road, Livonia, Michigan 48150, (previously approved in Council Resolution 611-02 and amended by Council Resolutions 124-03 and 570-03) for additional work in connection with the 2004 Asphalt Pavement Rehabilitation/Reconstruction Paving Program, the Council does hereby approve Amendment No 4 to this contract for additional services in the amount of $135,170 00 ($33,970 00 for Design, $94,200 00 for Construction Engineering and $7,000 00 for Testing), FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $81,870 00 from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund (Account No 204-441-818-102) for this purpose, with the understanding that the City of Westland will reimburse the City of Livonia for engineering services in the amount of $13,500 00 for 1,800 feet of additional paving on Ann Arbor Trail in the City of Westland, FURTHER, the Council does hereby authorize an appropriation and expenditure in the amount of $53,300 00 from the 2000 Water and Sewer Revenue Bond Issue for additional water main replacements, 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 Amendment No 4, 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 On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 311-04 RESOLVED, that having considered a communication from the Department of Law, dated June 29, 2004, approved for submission by the Mayor, with regard to a proposed amendment to Council Resolutions 190-04 in connection with the 2004 Asphalt Pavement Rehabilitation/ Reconstruction Paving Program and the 1,800 feet of additional paving of Ann Arbor Trail in the City of Westland, the Council does hereby amend and revise Council Resolution 190-04 to read as follows. RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 15, 2004, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Hayball 34723 Regular Meeting of July 7, 2004 Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150, for the 2004 Asphalt Pavement Rehabilitation/ Reconstruction Program (Contract 04-A) on various asphalt streets throughout the City of Livonia based on the Pavement Management Study, for the estimated total cost of $2,880,582 45, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed 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 an amount not to exceed $2,570,815 65 from funds already budgeted in the Road, Sidewalk and Tree Fund as follows Reconstruction Account No 204-463-818-110 $ 743,264 23 Rehabilitation Account No 204-463-818-112 1,728,731 45 Maintenance Account No 204-463-818-114 98,819 97 for this purpose, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $309,766 80 for the water main replacement portion of the project utilizing all remaining monies from the 2000 Bond Sale with the remainder coming from the Unexpended Fund Balance of the Water and Sewer Fund with reimbursement from a future bond sale, and the City Engineer is hereby authorized to approve any minor adjustments in the work as completed, 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, FURTHER, the Council does hereby authorize the Mayor and City Clerk to execute an Agreement with the City of Westland wherein the City of Westland will reimburse the City of Livonia the cost of paving 1,800 feet of Ann Arbor Trail in the City of Westland, which amount is estimated to be $80,000 00. On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 312-04 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Kokenakes, seconded by Knapp, it was CR 313-04 RESOLVED, that having considered a communication from the Department of Law, dated July 7, 2004, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open 34724 Regular Meeting of July 7, 2004 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, Middlebelt Plymouth Venture, LLC (Wonderland Mall) v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None The President declared the resolution duly adopted During the audience communication portion of the agenda at the end of the meeting, Council President Taylor thanked City Attorney Sean Kavanagh and the Law Department for their efforts relative to receiving a $110,000.00 check from the Detroit Water Department due to damage done to the City of Livonia water mains. Councilmember Knapp congratulated his sister, Monica F Hall, on the birth of his second nephew, Andrew Michael Hall, born on July 5, 2004 On a motion by Meakin, seconded by Knapp, and unanimously adopted, this 1,516th Regular Meeting of the Council of the City of Livonia was adjourned at 8 36 p m , July 7, 2004 di-14-44-',4-154frfr Val Vandersloot, City Clerk