Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2001-05-02 32936 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTIETH REGULAR MEETING OF MAY 2, 2001 On May 2, 2001, 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 Engebretson delivered the invocation Roll was called with the following result: Jack Engebretson, Val I Vandersloot, John Walsh, John Pastor, Brian Duggan, Joe Laura, and Maureen Miller Brosnan Absent: None Elected and appointed officials present. Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Mary Rutan, Human Resources Director; Karen Szymula, Director of Legislative Affairs, Alden Sawyer, Emergency Preparedness Director; Jeane Treff, Administrative Assistant—Cable TV Division, lan Wilshaw, Traffic Commission, Judge Kathleen McCann and Judge James R. McCann On a motion by Engebretson, seconded by Vandersloot, it was CR 254-01 RESOLVED, that the minutes of the 1,439th Regular Meeting of the Council held April 18, 2001 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, Laura and Brosnan NAYS None PRESENT Pastor and Duggan During the audience communication portion of the agenda, Councilmember Duggan wished a "Happy Birthday" to his son, Brian, who is 10 years old Council President Brosnan presented a Proclamation to the National Association of Letter Carriers on the occasion of their National Food Drive, to be held on Saturday, 32937 May 12, 2001 On this day, residents may put out canned goods, and the items will be picked up by the letter carriers when they deliver the mail They are then distributed to needy families Victoria Sewicki, 39703 Bart Street, Canton, a member of the National Association of Letter Carriers, spoke to the Council and thanked them for their support of this worthwhile campaign At the direction of the Chair, Agenda Items #5 and 33(b) were removed from the Consent Agenda, and they will be addressed on the Regular Agenda A revised Site Plan from Pottery & Plants, 29460 Schoolcraft, Livonia, 48150, dated April 30, 2001, was received and placed on file for the information of the Council (Petition 01-2-2-4) (Agenda Item #30) A revised Site Plan from Pesce Properties LLC, on behalf of Millennium Plaza, 33463 Seven Mile Road, Livonia, 48152, dated April 27, 2001, was received and placed on file for the information of the Council (Petition 01-1-8-8) (Agenda Item #31) On a motion by Pastor, seconded by Vandersloot, it was CR 255-01 RESOLVED, that having considered a communication from the City Assessor, dated April 10, 2001, approved for submission by the Mayor, with regard to a request from Dan and Margit Ryan, 20338 Brentwood, Livonia, Michigan 48152, on behalf of Douglas Maykovich, 20100 Osmus, Livonia, Michigan 48152, to combine and divide Tax Item Nos 46-009-99-0013-001 and 46-009-99-0015-002 into two (2) parcels, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation CR 256-01 RESOLVED, that having considered a communication from the Mayor, dated April 12, 2001, wherein he has requested approval of the reappointment of Toni Mette, 27454 Plymouth Road, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2005, pursuant to Section 3 16 060 of the Livonia Code of Ordnances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. CR 257-01 RESOLVED, that having considered a communication from the Mayor, dated April 12, 2001, wherein he has requested approval of the reappointment of Bill Pike, 11801 Farmington Road, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority as a 32938 business interest or owner for a four-year term expiring May 16, 2005, pursuant to Section 3 16 060 of the Livonia Code of Ordnances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. CR 258-01 RESOLVED, that having considered a communication from the Mayor, dated April 12, 2001, wherein he has requested approval of the reappointment of Adelard (Butch) Raby, 18600 Haggerty Road, Livonia, Michigan 48152, to the Livonia Plymouth Road Development Authority as a representative of the Other Tax Entity in the District for a four-year term expiring May 16, 2005, pursuant to Section 3 16 060 of the Livonia Code of Ordnances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. CR 259-01 RESOLVED, that having considered the report and recommendation of the City Clerk, dated April 9, 2001 regarding quotations received for placing the Code of Ordinances and Zoning Ordinance No 543 on the internet to enable all City Departments, residents and businesses the opportunity to retrieve any required information, the Council does hereby accept the quotation submitted by Municipal Code Corporation, Post Office Box 2235, 1700 Capital Circle, sw , Tallahassee, Florida 32316-2235, for the electronic conversion and reformatting, printing and binding of 60 copies of the Livonia Code of Ordinances in the amount of $13,480 00, and 125 copies of Zoning Ordinance No 543 in the amount of $600 00, for a total amount of $14,100 00, FURTHER, the Council does hereby authorize the expenditure of the sum of $12,100 00 from account No 101-111-940-000 (City Clerk's Office — Printing) and the sum of$2,000 00 from Account No 101-805-904-000 (Planning Department— Printing) for this purpose CR 260-01 RESOLVED, that having considered the report and recommendation of the Director of Emergency Preparedness, dated April 2, 2001, 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) Federal 2001 Outdoor Warning Siren from West Shore Services, Inc , 6620 Lake Michigan Drive, Allendale, Michigan 49401, in the amount of $16,240 00, FURTHER, the Council does hereby authorize the expenditure of the sum of $16,240 00 from Account No 101- 429-987-000 (Office of Emergency Preparedness — Capital Outlay) for this purpose, 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 0140D4 of the Livonia Code of Ordinances, as amended 32939 CR 261-01 RESOLVED, that having considered the report and recommendation of the Director of Human Resources, dated April 6, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with an Employee Group age Intervention Program, the Council does hereby accept the proposal submitted by Workpoints, 325 South Clinton Street, Grand Ledge, Michigan 48837, for providing assessment and training intervention for City employees for the costs outlined therein in an amount not to exceed $30,975 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $10,000 00 from Account No 101-220-719-000 and in the amount of $20,975 00 from Account No 101-371-864-010 for this purpose, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended CR 262-01 RESOLVED, by the City Council of the City of Livonia, that the annual Memorial Day Celebration be, and hereby is approved for Saturday, May 26, 2001, beginning at 9 00 a m , and that the permission of the Wayne County Road Commission is hereby requested to close Five Mile Road from Merriman Road to Farmington Road, and Farmington Road between Lyndon and Five Mile Road on May 26, 2001, between the hours of 9.00 a m and 1 00 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, and that Lt. Kevin I Dawley is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia CR 263-01 RESOLVED, that having considered the report and recommendation of the Acting Chief of Police, dated April 16, 2001, 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 thirteen (13) Tactical Protective Entry Vests for the Intelligence Bureau from C M P Distributors, 22206 W Warren, Detroit, Michigan 48239, in the total amount of $24,983 00 from funds already budgeted in Account No 265-333-987-000 (Capital Outlay - Other) for this purpose, 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 Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 264-01 RESOLVED, that having considered the report and recommendation of the Acting Chief of Police, dated April 16, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with the relocation of telephone 32940 wires at the Police Department, the Council does hereby accept the proposal submitted by Ameritech of Michigan, Customer Growth Group, 220 W Wisconsin Avenue, Second Floor, Waukesha, Wisconsin 53186, for relocating the Demark System Rack within the Police Department building for the estimated total cost of $16,523.20, FURTHER, the Council does hereby authorize the expenditure of the sum of $16,523 20 from funds already budgeted in Account No 101-304-976-000 for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 265-01 RESOLVED, that having considered the report and recommendation of the Director of Community Resources and the Chairperson of the Cable Commission, dated April 6, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth the Livonia Cable Television Commission resolution #282-01 adopted on April 5, 2001, the Council does hereby authorize the purchase of video equipment for the City Hall Auditorium and Control Room, as listed in the attachment to the aforesaid communication, from Provideo Systems, Inc , 29777 Telegraph Road, Suite 2500, Southfield, Michigan 48034, in the amount of $163,198 35, FURTHER, the Council does hereby authorize the purchase of two (2) 32" television sets with wall brackets for the City Hall Auditorium from ABC Warehouse, 43711 Ford Road, Canton, Michigan, in the total amount of $1,774 00, FURTHER, the Council does hereby approve and authorize New Concept, 13245 Newburgh Road, Livonia, Michigan 48150, to perform all work required to re-laminate the existing tops and splashes on seven Council desks and two sides desks for the total amount of $1,978 00; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $175,000 00 from funds already budgeted in Cable Account No 297-751-882-010 for this purpose, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with New Concept and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize such purchase and installation without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Department of Community Resources, dated April 6, 2001, re status report on Cable TV in Livonia which includes cable services available, a comparative survey of rates for expanded basic cable TV, status of cable 32941 competition and a programming chart comparing Time Warner Cable and satellite delivered programming, was received and placed on file for the information of the Council (CR 72-01) CR 266-01 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated April 2, 2001, 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 Wilkens Floor Covering, 30669 Eight Mile Road, Livonia, Michigan 48152, for completing all work required with respect to the removal and replacement of padding and carpeting in 26 apartments (21 one-bedroom and 5 two-bedroom units) at Newburgh Village for the total price of $22,197 76, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure in the amount of $22,197 76 from funds already budgeted in Account No 294-834-931-000 for this purpose, and the Executive Director of the Housing Commission is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY '5 HOUSING RESOURCES FUND SUBSTANTIAL HOME REHABILITATION LOAN PROGRAM CR 267-01 WHEREAS, the City of Livonia is interested in the continuing effort to provide affordable housing opportunities for its low and very low income resident: WHEREAS, said City Council has reviewed and understands the content of the application for funding, WHEREAS, said City Council accepts the recommendation of the Housing Commission to apply for $258,000, and WHERAS, said City Council authorizes the Chief elected officials to sign the application form as required, THEREFORE, BE IT RESOLVED that the City of Livonia authorizes the Housing Commission to prepare and submit the application for funding through the Michigan State Housing Development Authority's Housing Resources Fund 32942 CR 268-01 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 10, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3358 4/01, the Council does hereby determine to accept the bid of Redford Topsoil Contractors, Inc , 15553 Beech Daly, Redford, Michigan 48219, which meets specifications, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 25 per yard delivered and $4 00 per yard for pickup, FURTHER, in the event the lowest bidder is unable to furnish the material, the Council hereby determines to accept the second low bid of Nankin Sand Company, 39740 Cherry Hill Road, Canton, Michigan 48187, which also meets specifications, as an alternate for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 78 per yard delivered and $6 00 per yard for pickup CR 269-01 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 9, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 3351 03/01, wherein the Board concurs with the recommendation made by the Public Utility Manager in letters dated February 12, 2001 and March 9, 2001, attached thereto, the Council does hereby authorize the purchase of one (1) 2001 Dodge Pickup 4x4 with extended cab, Model BE7L34 from Snethkamp's Lansing Dodge, 6131 South Pennsylvania, Lansing, Michigan 48911, in the amount of $23,529 78, including delivery, the same to be expended from funds already budgeted for this purpose in Water and Sewer Capital Outlay Account No 592-559-142-000, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B1001118), 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 270-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 9, 2001, 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 Michigan CAT, 24800 Novi Road, Novi, Michigan 48375, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) asphalt paver for a total price of $43,754 00, the same having been in fact the lowest and only bid received and meets all specifications tiow 32943 CR 271-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 14, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc., 1050 Opdyke Road, Auburn Hills, Michigan 48326, for supplying the Public Service Division (Parks Section) with two (2) 62" recycler rotary mowers for a net price of $18,174 00, based on a total price of $23,974 00 less trade-ins of $5,800 00, the same having been in fact the lowest bid received and meets all specifications CR 272-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 11, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc., 1050 Opdyke Road, Auburn Hills, Michigan 48326, for supplying the Public Service Division (Whispering Willows, Idyl Wyld and Fox Creek Golf Course Sections) with three (3) 3-reel riding greensmowers for a net price of $35,814 00, based on a total price of $45,714 00 less trade-ins of $9,900 00, the same having been in fact the lowest bid received which meets all specifications, and the bids of W F Miller Co and Weingartz Supply Co , Inc. are hereby rejected for the reasons indicated in the attachment. CR 273-01 RESOLVED, that having considered a communication from the Public Utility Manager, Director of Public Works and the Director of Community Resources, dated April 11, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with respect to the painting of the Church, Hill House Museum and Fencing at the Greenmead Complex, the Council does hereby repeal and rescind Council Resolution 651-00 CR 274-01 RESOLVED, that having considered the report and recommendation of the Public Utility Manager, Director of Public Works and the Director of Community Resources, dated April 11, 2001, 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 Hermes Painting Co , Inc , 2582 Black Pine Trail, Troy, Michigan 48098, for completing all work in connection with the painting of the Church, Hill House Museum and wooden fencing at the Greenmead complex as shown on the attachment in the total amount of $39,140 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the Director of Public Works to enter into future contracts with Hermes Painting Co , Inc. during Lcalendar years 2002 and 2003 at the unit price of $3 50 per square foot 32944 subject to the availability of funds, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary CR 275-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 11, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bid which meets specifications for supplying the Public Service Division (Road Maintenance Section) with materials specified at the unit prices bid per ton for the 2001 calendar year requirements Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 M D 0 T - 21AA - Limestone $ 7 90 per ton M D 0 T - 22A 6 77 per ton WCRC - 22X 5 90 per ton W C R.0 - 3A 11 72 per ton WCRC - 3X 12 32 per ton W C R.0 - 30A (Slag) 9 07 per ton W C R.0 - Porous Backfill Grade A 4 85 per ton W C R.0 - Porous Backfill Grade B 8 75 per ton WCRC - 2NS - Natural Sand W C R.0 - 2MS - Mortar Sand 8 47 per ton 60-40 Washed - Conc Aggregates 7 27 per ton 10 82 per ton Pea Gravel 11 07 per ton 1" to 3" Crushed Concrete 8 37 per ton FURTHER, in the event the aforesaid low bidder is unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with materials specified at the unit prices bid for the 2001 calendar year requirements 1 Jackie's Transport, Inc., P 0 Box 38, Novi, Michigan 48376 M D 0 T - 21AA - Limestone $ 7 85 per ton M D 0 T - 22A 7 20 per ton W C R.0 - Porous Backfill Grade A 9 10 per ton W C R.0 - Porous Backfill Grade B 8 40 per ton 2 Osburn Industries, Inc., 5850 Pardee Road, Taylor, Michigan 48180 WCRC - 22X $ 6 21 per ton W C R.0 - 3A 11 61 per ton W C R.0 - 3X 12.21 per ton 32945 WCRC - 30A (Slag) 8 96 per ton 60-40 Washed - Conc Aggregates 10 70 per ton 1" to 3" Crushed Concrete 9 13 per ton 3 Mr. McGoo Transport, 53162 Pontiac Trail, Milford, Michigan 48381 W C R.0 - Porous Backfill Grade A $ 4 81 per ton 4 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209 W C R.0 - 22X $ 6 21 per ton W C R.0 - 3A 11 61 per ton W C R.0 - 30A (Slag) 8 96 per ton 5 Milford Sand & Gravel, 8800 Dix Avenue, Detroit, Michigan 48209 W C R.0 - 2NS - Natural Sand $ 7 16 per ton Pea Gravel 10 96 per ton CR 276-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 16, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2001, through April 30, 2002 1 Nagle Paving Company, 30630 West 12 Mile Road, Suite A, Farmington Hills, Michigan 48334 12 WM Asphaltic Concrete $31 00 per ton 1100 Asphaltic Concrete 27 50 per ton 20 Wearing Fine (Driveway Top) 27 50 per ton 31 M Wearing 28 50 per ton 2 Cadillac Asphalt Products, 27575 Wixom Road, Novi, Michigan 48376 Cold Patch Asphaltic Material (Pave 192), delivered $36 00 per ton 3 Midland Contracting Company, Inc., P 0 Box 9, 32000 Carrollton Road, Carrollton, Michigan 48724 Cold Patch Material (U P M or 32946 Q P R.), delivered $51 74 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1 , 2001, through April 30, 2002 1 Cadillac Asphalt Products, 27575 Wixom Road, Novi, Michigan 48376 12 WM Asphaltic Concrete $27 00 per ton 1100 Asphaltic Concrete 23 00 per ton 20 Wearing Fine (Driveway Top) 24 00 per ton 31 M Wearing 27 00 per ton 2 Midland Contracting Company, Inc., P 0 Box 9, 32000 Carrollton Road, Carrollton, Michigan 48724 Cold Patch Asphaltic Material (Pave 192), delivered $36 80 per ton 3 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti, Michigan 48197 Cold Patch Material (U P M or Q P R.), delivered $53 49 per ton CR 277-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 22, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division (Parks Section) and Parks and Recreation (Golf Courses) with the fertilizers and chemicals specified at the unit prices bid for the 2001 calendar year requirements 1 Turfgrass, Inc., P 0 Box 667, South Lyon, Michigan 48178 Material to be furnished Unit Price Bid 18-3-20 Millenium $ 855 00 per ton Heritage 2,070 00 per case Bio-Trek 22G 225 00 per bag Consyst WDG (4x4 lb ) 250 00 per case 32947 Daconil Ultrex (4x5 Ib ) 178 00 per case 2 Simplot Partners, 24300 N Industrial Drive, Farmington Hills, Michigan 48335 Material to be furnished Unit Price Bid 18-5-9 $ 638 00 per ton 5-5-30 w/ 148 barricade 829 00 per ton 21-1-20 717 00 per ton 21-3-13 580 00 per ton 20-5-20 672 00 per ton Bayleton 25WP (4x4x11 oz.) 352 00 per case Mach II 40 (40 Ib ) 36 00 per bag 18-9-18 HP NPK 1,156 00 per ton Chipco 26019 Fungicide 297 00 per case 3 Lesco, 15885 Sporague Road, Strongsville, Ohio 44136 Material to be furnished Unit Price Bid 19-3-6 w/ 072% Dimension $ 430 00 per ton *Lesco 19-3-6 19-3-6 w/Mach II 1,120 00 per ton *Lesco 19-0-11 18-6-15 w/Nutralene 550 00 per ton *Lesco 26-5-10 18-3-18 580 00 per ton *Lesco 18-2-18 18-5-9 320 00 per ton *Lesco 28-5-12 Merit 5G (30 lb ) 53 80 per bag *Meets specifications as alternate CR 278-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated April 6, 2001, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of 12" diameter storm sewer as part of the re-development of the commercial property located at 19450 Haggerty Road in the Southwest 1/4 of Section 6, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans, and further that the City will accept jurisdiction and maintenance (at no expense to the County) of approximately 32948 22 If of 12" storm sewer within the Haggerty Road right-of-way in connection with the re-development of the aforementioned site located on the east side of Haggerty Road in the Southwest 1/4 of Section 6 (See attached letter from Haggerty Road Investments, dated March 19, 2001, indicating its willingness to reimburse the City for any such maintenance that may become necessary ) 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction CR 279-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated April 6, 2001, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of 18" diameter storm sewer as part of the commercial development at 18338 Farmington Road in the Northwest 1/4 of Section 10, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans, and further that the City will accept jurisdiction and maintenance (at no expense to the County) of approximately 20 If of 18" storm sewer within the Farmington Road right-of-way in connection with the development of the aforementioned site located on the east side of Farmington Road in the Northwest 1/4 of Section 10 (See attached letter from Woodcraft Building Company, dated April 4, 2001, indicating its willingness to reimburse the City for any such maintenance that may become necessary ) 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction CR 280-01 WHEREAS, Enrico and Rita Rosati have applied for a permit from Wayne County to vacate and abandon the Ryder Drain (County) Drain west of Stark Road from the Alden Village Subdivision to the CSX Railroad within the proposed Rosati Park Subdivision and Rosati industrial Park consisting of 22 acres, and WHEREAS, Enrico and Rita Rosati will make the necessary applications and pay applicable permit and cash bond fees and agree to the conditions applicable, and 32949 WHEREAS, it is necessary for the City of Livonia to co-apply for the permit to vacate and abandon the Ryder Drain (County) Drain west of Stark Road between the Alden Village Subdivision and the CSX Railroad, and WHEREAS, the Farmington Road Storm Relief Drain is completed, and the open portion of the Ryder Drain between the Alden Village Subdivision and the CSX Railroad under the jurisdiction of the Wayne County Drain Commissioner is no longer necessary or conducive to the public health, convenience or welfare of the City of Livonia BE IT FURTHER RESOLVED, that the Rosati Park Subdivision and Rosati Industrial Park Subdivision developers be advised to contact the Wayne County Department of Public Services, Permit Division, for permits to fill the drain in the approved manner and method of construction without any cost to the City of Livonia BE IT FURTHER RESOLVED, that the Director of the Livonia Department of Public Works is authorized to sign an agreement on behalf of the City of Livonia, Wayne County and the Rosati Park Subdivision and Rosati Industrial Park developers pertaining to the vacation and abandonment of the existing drain and any recorded or implied easements in connection with this portion of the drain and the lands to be added to the drainage district that is consistent with the terms and conditions of this resolution CR 281-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated April 16, 2001, which bears the signature of the Director of Finance, is approved by the Chairman of the Water and Sewer Board, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Gleason Construction Company, Inc , 1529 Kieswetter Road, Holland, Ohio 43528, for completing all work required in connection with the 2001 Water Main Replacement Project (Contract 01-G) for the estimated total cost of $847,693 00, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $847,693 00 from Account No 592---158-000 (Construction-in-Progress) for this purpose with the understanding that such fund shall be reimbursed at such time as 2000 bond proceeds become available, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution 32950 A communication from the Department of Law, dated April 6, 2001, re pipeline signs along Merriman Road being legally required, was received and placed on file for the information of the Council (CR 110-01) CR 282-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 9, 2001, which transmits its resolution 4-52-2001, adopted on April 3, 2001, with regard to Petition 01- 2-2-4, submitted by Pottery and Plants requesting waiver use approval for seasonal outdoor display of home and garden supplies and materials on property located on the north side of Schoolcraft Road between Middlebelt Road and Beatrice Avenue in the Southeast 1/4 of Section 23, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01- 2-2-4 is hereby approved and granted, subject to the following conditions 1 That the outdoor display shall be confined to the area illustrated on the Site Plan submitted by Pottery and Plants, received by the Planning Commission on April 4, 2001, as amended, 2 That the outdoor display area shall be enclosed by a fence as required and shall be adjacent to the west side of the building as shown on the Site Plan, except that no part of the minimum front yard (60 foot setback from Schoolcraft Road to the front of the building) shall be used for either the storage, placement or display of merchandise, 3 That the merchandise to be displayed within the fenced area shall be limited to clay pottery (such as "chimeneas") and other similar home and lawn decorations, 4 That the time period within which the outdoor display will take place shall be limited to April 1 through October 1, inclusive, 5 That the drive approach shall be repaired and the parking lot shall be double striped to the satisfaction of the Inspection Department; 6 That the petitioner shall install new landscaping adjacent to the fenced display area to provide for screening of the facility, subject to the approval of the Planning Department; 7 That any dumpster, if provided on the site, shall be screened by means of a masonry enclosure with wood gates that shall be constructed near the northerly end of the rear parking lot; 32951 8 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 9 That there shall be a sign posted stating "No Parking in Grassy Area," and 10 That the width of the outdoor display area shall be no greater than fifteen (15) feet. CR 283-01 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 2001, which transmits its resolution 3-43-2001 adopted on March 20, 2001, with regard to Petition 01-1-8-8 submitted by Pesce Properties LLC, on behalf of Millennium Plaza, requesting site plan approval in connection with a proposal to construct an addition to the commercial building located at 33463 Seven Mile Road on the south side of Seven Mile Road between Farmington Road and Irving Boulevard in the Northeast 1/4 of Section 9, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-1-8-8 is hereby approved and granted, subject to the following conditions 1 That the Site Plan submitted by Marco Pesce, dated March 8, 2001, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plan submitted by Marco Pesce, dated March 8, 2001, as revised, 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 A-3, dated January 26, 2001, as revised, prepared by Spartan Design Group, is hereby approved and shall be adhered to, 6 That the entire east elevation of the addition shall be constructed out of brick that matches that of the west elevation, 32952 7 That the brick used in the construction shall be full-face four (4") inch brick, no exceptions, 8 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 9 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 10 That the petitioner shall correct to the Engineering Division's satisfaction the following site deficiency as outlined in the correspondence dated March 2, 2001 That the north seven (7) feet of Lots 34 and 36 thru 39 of the Seven Mile Super Highway Subdivision shall be dedicated in accordance with the City's Master Thoroughfare Plan, 11 That the entire parking lot shall be repaired, resealed and double striped, 12 That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, 13 That because of the lack of the protective wall along the south property line, the petitioner shall either immediately seek a temporary variance from the Zoning Board of Appeals or install a masonry screen wall, 14 That approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for adding on to a nonconforming building and deficient parking, and any conditions related thereto, 15 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 16 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 284-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 9, 2001, which transmits its resolution 4-61-2001 adopted on April 3, 2001, with regard to Petition 01- 2-8-12 submitted by Recep Kurds, on behalf of Richard's Family 32953 Restaurant, requesting site plan approval in connection with a proposal to renovate the exterior of the restaurant located at 39305 Plymouth Road on the south side of Plymouth Road between Eckles Road and Newburgh Road in the Southwest 1/4 of Section 30, 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 01-2-8-12 is hereby approved and granted, subject to the following conditions 1 That the Exterior Building Elevation Plans marked Sheet 2 and Sheet 3, both dated August 31, 2000, prepared by Ronald G Myers Architect, are hereby approved and shall be adhered to, 2 That either brick or reinforced dryvit shall be extended a least 3 ft. above grade on all four sides of the building, 3 That all brick used in the construction of the building shall be full- face four (4") inch brick, no exceptions, 4 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated March 29, 2001 That the entire parking lot shall be repaired, resealed and double striped, That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, That the fallen light pole in the parking lot shall either be put back up or removed, That the trash and debris inside and outside the enclosed dumpster area shall be cleaned up, and 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 285-01 WHEREAS, the City of Livonia has received a request from Andy Wozniacki, CFO, Roush Industries, Inc , dated April 23, 2001, proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish industrial development districts within the boundaries of the City of Livonia, and 32954 WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 1 61 acres lying in the Southwest 1/4 of Section 29 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 84," NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 84 2 This City Council sets Monday, June 18, 2001, at 7 00 pm as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above A roll call vote was taken on the foregoing resolutions with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan NAYS None On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 286-01 RESOLVED, that having considered the report and recommendation of the Mayor, dated April 11, 2001, submitted pursuant to Council Resolution 203-01, and a request from Councilmember Brian Duggan, the Council does hereby approve the re-naming of Kingsbury Park to the "Robert McCann Memorial Park" Mayor Kirksey spoke about the many services that Robert McCann has made to the City of Livonia, and stated that he was pleased to have a park in the City named for Mr McCann Mrs Patricia McCann, wife of the late Robert McCann, expressed her thanks to the Mayor and Council for naming a park in honor of her husband, and stated that 32955 Kingsbury Park would be her favorite park in the City of Livonia She then introduced her family, and they were acknowledged by all present at the meeting Councilmember Duggan left the podium at 8 10 p m due to a conflict of interest. On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was CR 287-01 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, June 18, 2001, at 7 00 pm at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 01-2-1-3, submitted by James F Duggan, on behalf of American Classic Realty, for a change of zoning of property located on the east side of Bainbridge Avenue between Five Mile Road and Lyndon Avenue in the Northwest 1/4 of Section 23, from RUF to R-2, the City Planning Commission in its resolution 4-51-2001 having recommended to the City Council that Petition 01-2-1-3 be denied, 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 Councilmember Duggan returned to the podium at 8 11 p m On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 288-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 10, 2001 , submitted pursuant to Council Resolution 478-97, regarding the 32956 development of the Pines of Winfield Subdivision, the Council does hereby determine to take no further action with respect to this matter On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 289-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 10, 2001, submitted pursuant to Council Resolution 163-98, regarding the subject matter of Millennium Park, the Council does hereby determine to take no further action with respect to this matter On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 290-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 10, 2001, submitted pursuant to Council Resolution 892-98, regarding the matter of establishing a new public hearing date with respect to Petition 98-8-8-26, submitted by Promus Hotel Corporation, on behalf of Homewood Suites, to construct a hotel on property located at 19660 Haggerty Road, the Council does hereby determine to take no further action with respect to this matter On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 291-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 10, 2001, submitted pursuant to Council Resolution 894-98, regarding the matter of establishing a new public hearing date with respect to Petition 98-8-8-27, submitted by Homestead Village, Inc , on behalf of Homestead Hotel, to construct a hotel on property located at 19640 Haggerty Road, the Council does hereby determine to take no further action with respect to this matter On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 292-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 10, 2001, submitted pursuant to Council Resolution 722-00, regarding the subject of carnivals consisting of rides, games and food concessions, the Council does hereby determine to take no further action with respect to this matter 32957 Councilmember Duggan left the podium at 8 15 p m due to a conflict of interest. A Site Plan dated April 4, 2001, received by the Committee of the Whole on April 10, 2001 re petitioner's request to amend his petition from C-2 (Commercial) to OS (General Office) for property located on the north side of Seven Mile Road between Bethany and Victor Parkway, was received and placed on file for the information of the Council (Petition 00-9-1-17) (CR 82-01) A communication from the Department of Law, dated April 4, 2001, re petition for rezoning property located on the north side of Seven Mile Road between Bethany and Victor Parkway was illegally filed because the application for rezoning was not signed by the owner, was received and placed on file for the information of the Council (Petition 00-9-1-17) CR 82-01) A communication from Charles G Tangora of Brashear, Tangora, Gallagher, Creighton & Amann, LLP, dated April 10, 2001, re request of Marco Soave to amend a petition from C-2 (Commercial) to OS (General Office) for property located on the north side of Seven Mile Road between Bethany and Victor Parkway, was received and placed on file for the information of the Council (Petition 00-9-1-17) CR 82-01) A revised Site Plan, dated April 26, 2001, re property located on the north side of Seven Mile Road between Bethany and Victor Parkway, was received and placed on file for the information of the Council (Petition 00-9-1-17) (CR 82-01) On a motion by Laura, seconded by Engebretson, it was CR 293-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 10, 2001, submitted pursuant to Council Resolution 82-01, and a communication 32958 from the City Planning Commission, dated November 3, 2000, which sets forth its resolution 11-190-2000, adopted on November 1, 2000, with regard to Petition 00-9-1-17, submitted by Marco Soave, for a change of zoning of property located on the north side of Seven Mile Road between Bethany and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to C-2, and the Council having conducted a public hearing with regard to this matter on Monday, January 22, 2001, pursuant to Council Resolution 855-00, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-9-1-17 is hereby denied for the following reasons 1 That this area of the City is currently well served with a variety of commercial uses, 2 That the petitioner has failed to adequately demonstrate a need in this area for additional commercial uses such as are permitted by the C-2 zoning district; 3 That the proposed change of zoning would provide for uses which would cause additional traffic congestion in the area, 4 That the proposed change of zoning would be incompatible to and not in harmony with the adjacent uses in the area, particularly with respect to the residential uses to the north, 5 That the proposed change of zoning would provide for uses which would erode the quality of life experienced by the adjoining residential neighborhood, and 6 That the proposed change of zoning does not conform to the City's Master Plan A roll call vote on the foregoing resolution was taken with the following result: AYES Engebretson, Vandersloot, Walsh, Laura and Brosnan NAYS Pastor The President declared the resolution adopted Councilmember Duggan returned to the podium at 8 17 p m Councilmember Vandersloot took from the table, for second reading and adoption, the following Ordinance 32959 AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 00-10-1-18) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Duggan left the podium at 8 20 p m due to a conflict of interest. On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 294-01 RESOLVED, that having considered a communication from the City Assessor, dated April 11, 2001, approved for submission by the Mayor, with regard to a request from Mr Leo Soave, 34822 Pembroke, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed combination and division of Tax Item Nos 46-132-01-0005-003, 46-132-01-0013-002 and 46-132-01-0013-003 into four (4) parcels, the legal descriptions of which shall read as follows PARCEL 1 Part of Lot 13 of amended plat of part of Lots 5 and 6 of Isler's Subdivision of all that part of Southeast 1/4 Section 33, T 1 S , R 9E , Livonia Twp (now City of Livonia) also all that part of Northeast 1/4 Section 4, T 2 S , R 9 E , Nankin Twp (now City of Westland) lying South of Mill Pond and Northeast of Ann Arbor Road, Wayne County, Michigan as recorded in Liber 114 of Plats, Pages 16 and 17 Wayne County records, more fully described as Commencing at the Southwest corner of said Lot 13, thence S 53°29' 12" E 75 29 feet along the Southerly line of said Lot 13 to the point of beginning, thence N 15° 37' 45" E 158 32 feet; thence S 64°43' 28" E 24 12 feet to the East line of said Lot 13, thence S 01°53' 17" E 17 54 feet along said East line, thence S 64°50' 16" E 17 82 feet along said East line, thence S 01°53'17" E 181 66 feet along said East 32960 line to the Southeast corner of said Lot 13, thence N 53°29'12" W 108 44 feet along the southerly line of said Lot 13 to the point of beginning Containing 11,443 Sq Ft (0 263 Acres) PARCEL 2 Part of Lot 13 of amended plat of part of Lots 5 and 6 of Isler's Subdivision of all that part of Southeast 1/4 Section 33, T 1 S , R 9E , Livonia Twp (now City of Livonia) also all that part of Northeast 1/4 Section 4, T 2 S , R 9 E , Nankin Twp (now City of Westland) lying South of Mill Pond and Northeast of Ann Arbor Road, Wayne County, Michigan as recorded in Liber 114 of Plats, Pages 16 and 17 Wayne County records, more fully described as Beginning at the Southwest corner of said Lot 13, thence N 01°53'17" W 34 45 feet, thence N 36° 31' 19" E 112 92 feet; thence S 64°43' 28" E 41 02 feet; thence N 15° 37' 45" E 158 32 feet to the Southerly line of Lot 13, thence N 53°29'12" W 75 29 feet along said southerly line of Lot 13 to the point of beginning Containing 9,677 Sq Ft. (0 222 Acres) PARCEL 3 Part of Lot 13 of amended plat of part of Lots 5 and 6 of Isler's Subdivision of all that part of Southeast % Section 33, T 1 S , R 9E , Livonia Twp (now City of Livonia) also all that part of Northeast 1/4 Section 4, T 2 S , R. 9 E , Nankin Twp (now City of Westland) lying South of Mill Pond and Northeast of Ann Arbor Road, Wayne County, Michigan as recorded in Liber 114 of Plats, Pages 16 and 17 Wayne County records, more fully described as Commencing at the Southwest corner of said Lot 13, thence N 01°53'17" W 34 45 feet, thence N 36°31'19" E 112 92 feet to the point of beginning, thence N 64°43'28" W 29 20 feet, thence N 14°25'48" E 115 05 feet; thence S 64°43' 28" E 58 01 to the East line of Lot 13, thence S 01°53'17" E 127 00 feet along said East line, thence N 64°43'28" W 65 14 feet to the point of beginning Containing 8,607 Sq Ft. (0 198 Acres) PARCEL 4 Part of Lot 13 of amended plat of part of Lots 5 and 6 of Isler's Subdivision of all that part of Southeast '/4 Section 33, T 1 S , R 9E , Livonia Twp (now City of Livonia) also all that part of Northeast 1/4 Section 4, T 2 S , R. 9 E , Nankin Twp (now City of Westland) lying South of Mill Pond and Northeast of Ann Arbor Road, Wayne County, Michigan as recorded in Liber 114 of Plats, Pages 16 and 17 Wayne County records, more fully described as Commencing at the Southwest corner of said Lot 13, thence N 01°53'17" W 34 45 feet to the point of beginning, thence N 01°53'17" W 454 10 feet along the West line of said Lot 13, thence S 64° 50'16" E 143 85 feet to the east line of said Lot 13, thence S 01°53'17" E 203 54 feet along said East line, thence N 64°43'28" W 32961 58 01 feet; thence S 14°25'48" W 115 05 feet, thence S 64°43'28" E 29 20 feet; thence S 36°31'19" W 112 92 feet to the point of beginning Containing 38,086 Sq Ft (0 874 Acres) as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds Councilmember Duggan returned to the podium at 8 24 p m On a motion by Walsh, seconded by Laura, it was RESOLVED, that having considered a communication from Harry E Lester, District Director, United Steelworkers of America, AFL- CIO/CLC, District 2, 13233 Hancock Drive, Taylor, Michigan 48180, requesting that the City adopt a resolution supporting the Steel Revitalization Act (H R. 808), which proposed legislation is aimed at ending the current steel crisis by cutting illegal foreign imports, strengthening the Steel Loan Guarantee Program, promoting responsible consolidation within the industry, and ensuring the continuation of retiree healthcare benefits, the Council does hereby determine to deny this request. Mike Baird, a representative of the Steelworkers of America, spoke in favor of the resolution and stated that the proposed resolution has the support of the autoworkers' unions as well A communication from Mike Baird, United Steelworkers of America, dated April 30, 2001, re list of surrounding communities that have passed a Steel Resolution in support of HR 808, was received and placed on file for the information of the Council On a motion by Walsh, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from Harry E Lester, District Director, United Steelworkers of America, AFL- CIO/CLC, District 2, 13233 Hancock Drive, Taylor, Michigan 48180, requesting that the City adopt a resolution supporting the Steel Revitalization Act (H R 808), which proposed legislation is aimed at ending the current steel crisis by cutting illegal foreign imports, strengthening the Steel Loan Guarantee Program, promoting responsible 32962 consolidation within the industry, and ensuring the continuation of retiree healthcare benefits, the Council does hereby determine to take no further action on this matter A roll call vote was taken on the motion to substitute as follows AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution by Walsh, seconded by Laura, as follows CR 295-01 RESOLVED, that having considered a communication from Harry E Lester, District Director, United Steelworkers of America, AFL- CIO/CLC, District 2, 13233 Hancock Drive, Taylor, Michigan 48180, requesting that the City adopt a resolution supporting the Steel Revitalization Act (H R 808), which proposed legislation is aimed at ending the current steel crisis by cutting illegal foreign imports, strengthening the Steel Loan Guarantee Program, promoting responsible consolidation within the industry, and ensuring the continuation of retiree healthcare benefits, the Council does hereby determine to take no further action on this matter AYES Engebretson, Vandersloot, Walsh, Laura and Brosnan NAYS Pastor and Duggan The President declared the resolution adopted Councilmember Duggan left the podium at 8 30 p m due to a conflict of interest. On a motion by Engebretson, seconded by Vandersloot, and unanimously adopted, it was 296-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 9, 2001, which transmits its resolution 4-62-2001, adopted on April 3, 2001, with regard to Petition 01- 3-8-13 submitted by Leo Soave, requesting Master Deed, bylaws and site plan approval in connection with a proposal to construct the Chestnut Grove Site Condominiums on property located on the south side of Eight Mile Road between Gill Road and Ellen Drive in the Northwest 1/4 of 4a. 32963 Section 4, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-3-8-13 is hereby approved and granted, subject to the following conditions 1 That the Master Deed complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the Livonia Code of Ordinances, and Article XX, Section 20 01-20 06 of Zoning Ordinance #543, except for the fact the following shall be incorporated - That the first floor of each condominium unit shall be brick or stone, on all four sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, 2 That the brick used in the construction of each condominium unit shall be full-face four (4") inch brick, no exceptions, 3 That the Site Plan marked Sheet 1, dated March 1, 2001, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 4 That the Landscape Plan marked Sheet 1, dated April 2, 2001, as revised, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 5 That an Entrance Marker Application, as shown on the approved Landscape Plan, is hereby approved and shall be adhered to, 6 That the petitioner shall correct to the Engineering Division's satisfaction the following items, as outlined in the correspondence dated March 26, 2001 That a utility easement of at least 10 ft in width shall be created immediately adjacent to the R 0 W, That the development shall meet the Wayne County Storm Water Management Ordinance requirements, 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; 8 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, 32964 Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development, 9 That fire hydrants shall be provided on Maple Circle with spacing of 300' between hydrants, and 10 That street lights, sidewalks and stop signs shall be installed A communication from the Public Service Division, dated May 1, 2001, re effect of proposed Chestnut Grove Site Condominiums project, to be located on the south side of Eight Mile Road between Gill Road and Ellen Drive, will have on the water pressures in the existing subdivisions located to the south, was received and placed on file for the information of the Council (Petition 01-3-8-13) An e-mail communication from Dennis Behrendsen, President of Deer Creek Subdivision Homeowners Association, dated April 26, 2001, re his satisfaction that the landscaping plan and berm specified for Chestnut Grove Condominiums is consistent with adjacent property in Deer Creek, was received and placed on file for the information of the Council (Petition 01-3-8-13) A revised site plan for Chestnut Grove Site Condominiums, dated April 2, 2001, received in the City Council Office on April 27, 2001, to be located on the south side of Eight Mile Road between Gill Road and Ellen Drive, was received and placed on file for the information of the Council (Petition 01-3-8-13) Councilmember Duggan returned to the podium at 8 33 p m On a motion by Duggan, seconded by Pastor, it was CR 297-01 RESOLVED, that having considered communications from the Steven J Schafer, Phoenix Land Development, dated March 21 and March 23, 2001, which submit a revised Landscape Plan and request for approval of roofing, siding, and brick color in connection with Petition 99- 12-2-32, submitted by Phoenix Land Development, approved with 32965 conditions by the City Council on April 5, 2000, to construct a Planned Residential Development (Bell Creek Square) on the southeast corner of Six Mile Road and Farmington Road (the former Ward Evangelical Presbyterian Church site) between Bloomfield Drive and Six Mile Road in the Northwest 1/4 of Section 15, the Council does hereby approve the color selections as presented at the April 9, 2001, Study Meeting for the roofing, siding and brick materials, FURTHER, the Council does hereby refer the issue of revised site plans regarding landscaping and separation wall to the Committee of the Whole for its report and recommendation, and notice of said meeting shall be mailed to all property owners within 500 feet of the site A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan and Brosnan NAYS Laura The President declared the resolution duly adopted Norman Hyman, representative for John Glasnak of Quality Inn and Suites, 30375 Plymouth Road, Livonia, 48150 addressed the Council, and stated that he had 165 additional signatures of Livonia only residents, who are in favor of Hooters Restaurant being located at the Quality Inn, to be added to the previous petitions that were dam presented to the City Council He also presented a booklet of photos which contains pictures of the Quality Inn site before and after Mr Glasnak took ownership of the property Included in this booklet were photos of businesses that have closed along the Plymouth Road corridor (Petition 00-11-2-32) Charles Lane, attorney for Hooters of America, spoke to the Council in favor of Petition 00-11-2-32 The following persons spoke in opposition to the proposed Petition 00-11-2-32 Kevin Parkyn 32484 Scone Lisa Black 27621 Pickford Lori Krieg 32925 Lyndon Julia Walter 30136 Mason Lynn Mills 38415 Plymouth Victoria Weber 29521 Hathaway Ruth Lopez 33920 Lamoyne Joel Scheuher 15618 Westmore Kris Zanoni 14121 Blackburn Caroline Nosel Shirley Case 11077 Hillcrest Jowela Messing 19001 Doris 11342 Hillcrest 32966 Rachele Messing 9135 Gillman Brian Beer 16076 Alpine Piper Smith 11094 Hillcrest Karen Slater 37843 Howell Tom Messing 9135 Gillman Shirley Reed 8929 Linville John Astorino 14326 Melrose The following persons spoke in favor of the proposed Petition 00-11-2-32 Tim Durocher 33142 Oregon Tammy White 30481 Elmira Joe Lebinski 33907 Fairfax Ms Felczak 17300 Park Scott Calpin Hooters of America Audrey Yanity 31516 Bennett John Mackenzie 15730 Harrison John Glasnak 30375 Plymouth, owner of Quality Inn Council President Brosnan passed the gavel to Vice-President Vandersloot at 10 30 p m Ms Brosnan addressed Council and voiced her opposition to Petition 00-11-2-32 On a motion by Laura, seconded by Walsh, it was CR 298-01 RESOLVED, that having considered a communication from the City Planning Commission, dated December 14, 2000, which sets forth its resolution 12-210-2000, with regard to Petition 00-11-2-32, submitted by Hooters of Livonia, Inc , requesting waiver use approval to operate a full service restaurant within an existing building on property located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northwest 1/4 of Section 35, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, March 28, 2001, pursuant to Council Resolution 15-01, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 00-11-2-32 is hereby approved and granted subject to the following conditions 1 That the Site Plan marked sheet A-1 prepared by Designs Plus, Inc , dated August 18, 2000, is hereby approved and shall be adhered to, 2 That the revised floor plan for the restaurant as submitted by Charles H Lane pursuant to a letter dated November 8, 2000 reducing the original seating capacity from 129 to 108, is hereby approved and shall be adhered to, 32967 3 4 That the maximum number of customer seats shall not exceed 108, That the rear (south) parking lot shall be resurfaced and double- striped, 5 That all light poles in the rear parking lot abutting the single family district shall be lowered and shielded, 6 That additional landscaping in the form of evergreen trees shall be installed adjacent to the abutting residential district; 7 That adequate screening of all rooftop-mounted mechanical equipment shall be provided, 8 That all nonconforming signage for this restaurant is subject to the review and approval of the Zoning Board of Appeals, and, 9 There shall be no speakers or music on the exterior of the building A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Duggan, Laura, and Vandersloot NAYS Engebretson, Brosnan and Pastor The Vice-President declared the resolution duly adopted The gavel was passed back to Council President Brosnan at 10 42 p m A communication from the Inspection Department, dated April 16, 2001, re the protective wall that abuts the residential property adjacent to the Quality Inn at 30375 Plymouth Road being in compliance, was received and placed on file for the information of the Council (Petitions 00-11-2-32 & 00-11-2-33) A communication from Norman Hyman, dated April 5, 2001, to which is attached a letter from John Glasnak of Quality Inn, 30375 Plymouth Road, re clarifying the height of the fence and wall on the west side of said property, was received and placed on file for the information of the Council (Petitions 00-11-2-32 & 00-11-2-33) 32968 An e-mail communication from Kathleen Chambers, dated April 26, 2001, re her opposition to a rezoning waiver for Hooters Restaurant at 30375 Plymouth Road, was received and placed on file for the information of the Council (Petitions 00- 11-2-32 & 00-11-2-33) A communication from Lynn Mills, 38415 Plymouth Road, Livonia, 48150 dated April 20, 2001, re her opposition to a rezoning waiver for Hooters Restaurant at 30375 Plymouth Road, was received and placed on file for the information of the Council (Petitions 00-11-2-32 & 00-11-2-33) A communication from Donald Knapp, 29610 Robert, Livonia, 48150, dated April 12, 2001, re his opposition to a rezoning waiver for Hooters Restaurant at 30375 Plymouth Road, was received and placed on file for the information of the Council (Petitions 00-11-2-32 & 00-11-2-33) A communication from a resident named Jim, on Richland Street, dated April 10, 2001, re his approval for a rezoning waiver for Hooters Restaurant at 30375 Plymouth Road, was received and placed on file for the information of the Council (Petitions 00-11-2-32 & 00-11-2-33) A communication from John Glasnak, 30375 Plymouth Road, Livonia, 48150, owner of Quality Inn & Suites, dated May 2, 2001, re photos of Quality Inn before and after his ownership, as well as 40 buildings on Plymouth Road that have been abandoned, vacant or gone out of business within the City limits, was received and placed on file for the information of the Council (Petitions 00-11-2-32 & 00-11-2- 33) Petition from Livonia residents, received on May 2, 2001, who are in favor 32969 of a rezoning waiver for Hooters Restaurant at 30375 Plymouth Road, was received and placed on file for the information of the Council (Petitions 00-11-2-32 & 00-11-2-33) On a motion by Walsh, seconded by Vandersloot, it was CR 299-01 RESOLVED, that having considered a communication from the City Planning Commission, dated December 14, 2000, which sets forth its resolution 12-211-2000, with regard to Petition 00-11-2-33, submitted by Hooters of Livonia, Inc., requesting waiver use approval to utilize a Class C license in connection with a full service restaurant proposed to operate within an existing building on property located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northwest 1/4 of Section 35, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, March 28, 2001, pursuant to Council Resolution 16-01, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 00-11-2-33 is hereby approved and granted, FURTHER, the Council does hereby waive the 1,000 foot separation requirement as set forth in Section 11 03(h) of Zoning Ordinance No 543 A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Walsh, Duggan and Laura NAYS Engebretson, Pastor and Brosnan The President declared the resolution duly adopted On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was- CR 300-01 RESOLVED, that having considered a communication from the City Planning Commission, dated February 5, 2001, which sets forth its resolution 01-09-2001 adopted on January 30, 2001, with regard to Petition 00- 10-1-19, submitted by the City Planning Commission, pursuant to Council Resolution 774-00, for a change of zoning of property located on Loveland Avenue between Curtis Road and Clarita Avenue in the Northwest 1/4 of Section 10, from R-3 to R-4, and the Council having conducted a public hearing with regard to this matter on Monday, April 2, 2001, pursuant to Council Resolution 99-01, the Council does hereby determine to take no further action with respect to this matter On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was. 32970 CR 301-01 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Roush Industries, Inc , dated January 11 , 2001, covering new industrial facilities to be located within City of Livonia Industrial Development District No 82, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Roush Industries, 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 TOO p m on Monday, April 9, 2001, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Roush Industries, Inc , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Roush Industries, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 82 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a letter of agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City 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 32971 was On a motion by Walsh, seconded by Laura, and unanimously adopted, it CR 302-01 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 401 for the proposed improvement of Lamont Street from 130 feet north of Joy Road to 200 feet south of Northfield consisting of widening the pavement by two (2') feet on each side, placing a three (3") inch asphalt overlay and installing storm sewers (Alternate III Modified), in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, April 11, 2001, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 401, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated February 15, 2001, in the amount of $76,498 00, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No 401 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from December 1, 2001 Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as 32972 possible The first installment shall be due and payable December 1, 2002, and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1, 2001, (5) The first installment shall be spread upon the 2002 City tax roll in the manner required by Section 3 08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 2001 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08.200, or after the expiration of the sixty (60) day period as provided by Section 3 08.220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 15% of the paving costs ($13,497 55) and 100% of drainage costs ($62,376 00) for a total amount of $75,873 55 A communication from the Department of Law, dated May 1, 2001, re Special Assessment District No 401 — Lamont Street — setting forth an explanation for the increased cost of this assessment, was received and placed on file for the information of the Council (CR 140-99, 505-00 and 129-01) It was noted that the Engineering Division will send a copy of the above-referenced letter from the Law Department explaining the increased cost of the assessment to all affected residents in Special Assessment District 401 On a motion by Duggan, seconded by Pastor, and unanimously adopted, 32973 it was CR 303-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 14, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Nagle Paving Company, 30630 West 12 Mile Road, Farmington Hills, Michigan 48334, for completing all work required in connection with the Lamont Street Improvement (Contract 00- R) for the estimated total cost of $137,297 00 based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an advance and expenditure in the amount of $66,520 00 for the Lamont Paving from the General Obligation Road Improvement Bond Issue with the provision that (1) the Bond Issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from the future special assessment bond issue, and (2) that the Bond Issue be reimbursed for the City's portion of the project at such time as funds may be available from the Michigan Transportation Fund (Local Road Account); FURTHER, the Council does hereby authorize an advance and expenditure in the amount of$70,777 00 from the $12 Million Dollar Road Improvement Bond issue to pay for the City's portion of the work, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 304-01 Resolved, that having considered a communication from the Department of Law, dated April 19, 2001, approved for submission by the Mayor, which submits a quit claim deed for City- owned property located on Seven Mile Road between Bicentennial Drive and Gill Road for right-of-way purposes in connection with the Seven Mile Road Improvement Project, the legal description of which is as follows The South 60 00 feet of the East 3/8 of the West 1/2 of the Southwest 1/4 of Section 4, Town 1 South, Range 9 32974 East, City of Livonia, Wayne County, Michigan (Part of Tax ID No 46-015-99-0006-000) the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a quit claim deed to the County of Wayne and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 305-01 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 Walsh, seconded by Pastor, it was CR 306-01 RESOLVED, that having considered a communication from the City Planning Commission, dated March 7, 2001, which sets forth its resolution 2-32-2001 adopted on February 27, 2001, with regard to Petition 99-1-1-1, submitted by Phoenix Land Development Corporation, for a change of zoning of property located on the east side of Farmington Road between Plymouth Road and Capitol Avenue in the Southwest 1/4 of Section 27, from C-2 and M-1 to R-8I and the Council having conducted a Public Hearing with regard to this matter on Monday, April 30, 2001, pursuant to Council Resolution 159-01, the Council does hereby approve Petition 99-1-1-1, as amended, for preparation of the ordinance for submission to Council, so as to rezone this property to R-8C, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan and Brosnan NAYS Laura The President declared the resolution duly adopted On a motion by Engebretson, seconded by Pastor, it was 32975 CR 307-01 RESOLVED, that having considered a communication from the Department of Law, dated May 2, 2001, 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 Little v City of Livonia A roll call vote was taken on the foregoing resolution with the following result. NAYS Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan AYES None The President declared the resolution duly adopted During audience communication, a communication from the Planning Department, dated April 26, 2001, re a notice mailed to property owners whose properties would be affected by the proposed change in zoning on Loveland Avenue, was received and placed on file for the information of the Council (Agenda Item #42) (Petition 00-10-1-19) A communication from the Planning Department, dated April 11, 2001, re exterior building materials at Bell Creek Square Condominiums was received and placed on file for the information of the Council (Agenda Item #39) (Petition 99-12-2- 32) A communication from Sandy & Gary Milis, 16772 Bloomfield, Livonia, 48154 re their concerns about the lack of landscaping and erection of a brick wall and earth berm relative to Bell Creek Square located on the southeast corner of Six Mile and Farmington Roads, was received and placed on file for the information of the Council (Agenda Item #39) (Petition 99-12-2-32) 32976 L A communication from Nora Marie Klus, 15900 Auburndale, Livonia, 48154, re her concerns relative to the Bell Creek Square Project at the southeast corner of Six Mile and Farmington Roads, was received and placed on file for the information of the Council (Agenda Item #39) (Petition 99-12-2-32) On a motion by Engebretson, seconded by Pastor, and unanimously adopted, this 1,440th Regular Meeting of the Council of the City of Livonia was adjourned at 10 49 p m , May 2, 2001 oan McCotter, City Clerk L L