HomeMy WebLinkAboutCOUNCIL MINUTES 2000-09-13 32520
MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTY-FOURTH
REGULAR MEETING OF SEPTEMBER 13, 2000
On September 13, 2000, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 8 00 p m Councilmember Vandersloot delivered the invocation
Roll was called with the following result: Val I Vandersloot, John Walsh,
John Pastor, Brian Duggan, Joe Laura, Jack Engebretson, and Maureen Miller Brosnan
Elected and appointed officials present: Jack E Kirksey, Mayor; Sean
Kavanagh, City Attorney; Joan McCotter, City Clerk, John Hill, Assistant City Engineer;
Karen Szymula, Director of Legislative Affairs, Al Nowak, Planner IV, and Jeanne Treff,
Administrative Assistant— Cable Division
On a motion by Duggan, seconded by Vandersloot, it was
CR 675-00 RESOLVED, that the minutes of the 1,423th Regular Meeting
of the Council held August 30, 2000 are hereby approved as submitted
AYES Vandersloot, Walsh, Duggan, Laura, Engebretson and
Brosnan
NAYS None
PRESENT Pastor
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was:
CR 676-00 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
move Item #18 to Item #14(a)
At the direction of the chair, Agenda Item #5 was removed from the
Consent Agenda
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
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CR 677-00 RESOLVED, that having considered an application from
Ellen F Saatio, 14266 Hubbard, dated August 28, 2000, requesting
permission to close Hubbard between Perth and Allen on Saturday,
September 23, 2000, from 2 00 p m to 7 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, September 30, 2000, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 678-00 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 30, 2000, approved
for submission by the Mayor, and a letter from Richard S Emrich,
Assistant Principal of Franklin High School, dated August 17, 2000, the
Council does hereby approve and recognize the Franklin High Schooi
Patriot Street Homecoming Parade to be held on Friday, October 13,
2000, beginning at 12 30 p m , FURTHER, the Council does hereby
approve the parade route as follows
Exit the eastern most driveway of Franklin High School and travel east to
Hillcrest; North on Hillcrest and east on Olson to Henry Ruff;
North on Henry Ruff to Robert Drive, west to Sunset;
South on Sunset to Hathaway, east to Henry Ruff;
South on Henry Ruff to Olson, west on Olson to Hillcrest;
South on Hillcrest to Joy, west on Joy to the eastern most driveway of
Franklin High School,
FURTHER, the Council does hereby request that the Wayne County Road
Commission allow the City of Livonia to close the necessary roads
between the hours of 12 30 p m and 2 15 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, as to Wayne County only; and that Lt. Kevin Dawley is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia
CR 679-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 30, 2000, 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 Peter A. Basile Sons, Inc., 13000
Newburgh Road, Livonia, Michigan 48150, for completing all work
required in connection with the Levan Road Reconstruction Project
(Contract 00-Q) for the estimated total cost of $347,246 50, based on the
Engineering Division's estimate of units involved, and subject to a final
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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 an expenditure in the amount of
$347,246 50 from the Unexpended Fund Balance of the Major Road
Account of the Michigan Transportation Fund for this purpose, and the
Director of Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and City
Clerk are hereby authorized, for and on behalf of the City of Livonia, to
execute a contract with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
CR 680-00 RESOLVED, that having considered a communication from
the Director of Finance, dated August 16, 2000, approved for submission
by the Mayor, regarding the renewal of the City's liability and property
insurance coverage, the Council does hereby refer this matter to the
Finance, Insurance and Budget Committee for its report and
recommendation
CR 681-00 RESOLVED, that having considered the reports and
recommendations of the Fire Chief, dated August 8 and September 11,
2000, which bear the signature of the Director of Finance and are
approved for submission by the Mayor, requesting to extend the bid of
Allie Brothers, Inc , 20295 Middlebelt Road, Livonia, Michigan 48152, for
supplying the Fire Department with uniforms and related uniform items, for
the unit prices set forth in Council Resolution 1012-97, until March 11,
2001, the Council does hereby approve and grant this request in the
manner and form herein submitted for the reasons indicated in the
aforementioned reports and recommendations
CR 682-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 22, 2000, and the report
and recommendation of the Chief of Police, dated August 16, 2000,
approved for submission by the Mayor, the Council does hereby approve
of the request from Michael J Vorgitch for transfer of ownership of a 1998
SDD-SDM License from Pleasant Liquor Shoppe, Inc for a business
located at 38675 Ann Arbor Road, Livonia, Michigan 48150, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
CR 683-00 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated August 25, 2000, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, which transmits its resolution WS 3322 8/00, wherein the Board
concurs in the recommendation made by the Public Utility Manager in a
letter dated July 19, 2000, attached thereto, the Council does hereby
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accept the bid of Wolverine Power and Equipment Company, 25900 W
Eight Mile Road, Southfield, Michigan 48034, for supplying the Public
Service Division (Water and Sewer Section) with one (1) tractor loader
backhoe for a net price of $44,000 00, based on a total price of
$62,000 00 less trade-in of $18,000 00, the same having been in fact the
lowest bid received which meets all specifications, and the bids of AIS
Construction Equipment and Michigan CAT are hereby rejected for the
reasons indicated in the attachment.
CR 684-00 RESOLVED, that having considered a communication from
the Department of Law, dated August 23, 2000, approved for submission
by the Mayor, which submits a Quit Claim Deed conveying certain City-
owned property in connection with the issuance of the $3,000,000
Municipal Building Authority of Livonia 2000 Building Authority Bonds,
such City-owned property being more fully described as follows
That part of the Northeast 1/4 of the Southeast 1/4 of Section 21,
Town 1 South, Range 9 East, Livonia Township (now City of
Livonia), Wayne County, Michigan more particularly described as
beginning at a point distant South 01 D 28M OOS West, 743 00 feet
and North 88D 16M OOS West, 970 30 feet from the East '/ corner
of Section 21 and proceeding thence North 88D 16M OOS West,
310 00 feet; thence South 01D 20M OOS West, 360 00 feet; thence
South 88D 16M OOS East, 310 00 feet; thence North 01D 20M OOS
East, 360 00 feet to the point of beginning Containing 2 562 Acres
Part of Tax Parcel No 46-084-99-0016-001 (Eddie Edgar Ice
Arena)
the Council does hereby authorize the Mayor and City Clerk for and on
behalf of the City of Livonia to execute such Quit Claim Deed to the
Municipal Building Authority of Livonia, as well as any 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, 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
CR 685-00 RESOLVED, that having considered a communication from
the Department of Law, dated August 23, 2000, approved for submission
by the Mayor, which submits a Quit Claim Deed conveying certain City-
owned property in connection with the issuance of the $3,000,000
Municipal Building Authority of Livonia 2000 Building Authority Bonds,
such City-owned property being more fully described as follows
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Lots 27 to 52, inclusive, except the North 35 feet thereof, also Lots
53 to 182, inclusive, also all adjacent vacated streets and alleys, of
"Livonia Park Subdivision" of N W 1/4 of N E 1/4 of Section 22, T
1 S , R. 9 E , Livonia Twp , (now City of Livonia), Wayne County,
Michigan As recorded in Liber 51, Page 92, W C R. More
particularly described as beginning at the intersection of the East
line of Hubbard Ave , (86 feet wide) with the South line of Five Mile
Road (as widened) Distant South 00 degrees 01 minutes 50
seconds East 88 00 feet and South 89 degrees 45 minutes 00
seconds East 43 00 feet from the North 1/4 corner of Section 22, T
1 S , R. 9 E , and proceeding thence South 89 degrees 45 minutes
00 seconds East 621 55 feet, along the South line of Five Mile
Road (as widened), thence South 00 degrees 09 minutes 29
seconds East 1199 18 feet; thence North 89 degrees 19 minutes 58
seconds West (recorded as North 89 degrees 20 minutes 00
seconds West) 625 53 feet along the North line of Jamison Avenue
(60 feet wide), thence North 00 degrees 01 minutes 50 seconds
East (recorded as North) 1194 60 feet along the East line of
Hubbard Ave , (86 feet wide) to the point of beginning Containing
17 13 acres Subject to easements of record Tax Parcel No 46-
085-02-0001-000 (Recreation facility)
the Council does hereby authorize the Mayor and City Clerk for and on
behalf of the City of Livonia to execute such Quit Claim Deed to the
Municipal Building Authority of Livonia, as well as any 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, 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
CR 686-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 24, 2000, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding
additional work required in connection with the 2000 Miscellaneous
Parking Lot Paving Program (Contract 00-K) previously authorized in
Council Resolution 366-00, adopted on May 17, 2000, the Council does
hereby authorize the expenditure of the additional sum of$49,027 02 from
funds budgeted in Account No 401-000-974-050 (Capital Projects) for this
purpose, to be paid to Thompson-McCully Co , 11620 Whitmore Lake
Road, Whitmore Lake, Michigan 48189, for resurfacing Bicentennial Drive
from 300 feet to 1100 feet north of Seven Mile Road, and a 300 foot
portion of the driveway west from Bicentennial Drive toward the Fox Creek
Clubhouse, FURTHER, the Council does hereby authorize such action
32525
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance Section
iirro 3 04 140D1 of the Livonia Code of Ordinances, as amended
CR 687-00 RESOLVED, that the Council having adopted resolution 788-
97 at its regular meeting held on September 22, 1997, and resolution 57-
00 adopted on January 26, 2000, as amended by resolution 509-00
adopted on July 5, 2000, requiring the City Engineer to ascertain the
assessed valuation of all property affected by the proposed street
improvement of Henry Ruff between Five Mile Road and Lyndon in the
Northeast and Northwest 1/4 of Section 23, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, and having prepared and caused to
be prepared plans and_specifications therefor and an estimate for the cost
thereof, and to fiie the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed special
assessment district, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations have
been properly filed by the City Engineer with the City Clerk under date of
August 24, 2000, and that there has been a full compliance with all of the
provisions of Section 3 08 060 of the Livonia Code of Ordinances, as
amended, the Council does hereby set Wednesday, October 18, 2000, at
7 00 p m as the date and time for a Public Hearing on the necessity for
such proposed improvement which Public Hearing shall be held before the
Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3 08 070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to give
notice and publication of such hearing as is required by Section 3 08 070
of said Code
CR 688-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 30, 2000, which transmits its
resolution 8-159-2000, adopted on August 29, 2000, with regard to
Petition 00-7-2-27, submitted by Pugh Shows, Inc , requesting waiver use
approval to conduct a carnival sponsored by the Livonia Mall Merchants
Association consisting of amusement rides, games and food concessions
from September 20, 2000, through September 24, 2000, inclusive, in the
parking lot of the Livonia Mall located on the north side of Seven Mile
Road between Middlebelt Road and Purlingbrook Road in the Southeast
1/4 of Section 2, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
32526
and Petition 00-7-2-27 is hereby approved and granted, subject to the
following conditions
1 That the carnival shall be limited to the dates as specified by Pugh
Shows, Inc., which are September 20, 2000, through September
24, 2000, inclusive,
2 That the proposed carnival operation shall be confined to the area
as illustrated on the site plan submitted with this request;
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Seven Mile Road right-of-
way line,
4 That all trucks and other transportation equipment shall be parked
or stored within the northwesterly portion of the Livonia Mall parking
lot, but no closer than 100 feet from the west property line abutting
the Ziegler Place site or 250 feet from the south property line
abutting Hunters Brook Condominiums,
5 That there shall be no motors running on the stored trucks during
late hours, especially between 11 00 p m to 7 00 a m , including
motors on any refrigeration trucks,
6 That there shall be no living quarters at the location of the stored
trucks,
7 That the hours of operation of the carnival shall be as stated in a
letter dated July 10, 2000, from James K. Wegerly, President of
Pugh Shows, Inc., which have been approved by the Police
Department; and
8 That access to fire hydrants shall be provided for the Fire
Department.
CR 689-00 RESOLVED, that having considered a request from Council
President Maureen Miller Brosnan, the Council does hereby refer the
subject of tree replacement at Mies Park to the Parks and Recreation
Department for its report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, Walsh, Pastor, Duggan, Laura, Engebretson and
Brosnan
32527
NAYS None
Councilmember Duggan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 4 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 00-3-1-5)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
Councilmember Duggan invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES Vandersloot, Walsh, Pastor, Duggan, Laura,
Engebretson and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
CR 690-00 RESOLVED, that having considered the report and
recommendation of the Information Systems Manager, the Community
Resources Director and the Director of Finance, dated August 16, 2000,
approved for submission by the Mayor, the Council does hereby refer the
proposal submitted by Municipal Web Services, 369 Kimberley, Suite 200,
Birmingham, Michigan 48009, to provide video streaming services to allow
the broadcasting of City Council meetings on the internet to the Capital
Improvement Committee for a report and recommendation
32528
A communication from the Mayor, dated August 21, 2000 to which is
attached a communication from Councilmember John Walsh, dated August 21, 2000,
re tree-related problems and a proposed policy, was received and placed on file for the
information of the Council (CR 547-99)
A communication from Engineering, dated April 25, 2000, directed to
Messrs Beckley and Magid, dated April 25, 2000, re miscellaneous
recommendations to address tree root/sidewalk problems, was received and placed
on file for the information of the Council (CR 547-99)
A communication from the Law Department, dated September 5,
2000, re a copy of the City of Warren Ordinance regarding sidewalk replacement
due to tree roots, was received and placed on file for the information of the
Council (CR 547-99)
On a motion by Laura, seconded by Walsh, and unanimously adopted, it
was
CR 691-00 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
August 22, 2000, submitted pursuant to Council Resolution 547-99,
regarding requests for assistance from Ralph Horn, Pat Culver,
Gerald Marrone and Mr and Mrs Scott Newell in connection with
sidewalk repair and replacement and sewage backup problems due
to tree roots, the Council does hereby refer the subject of a
proposed policy in regard to problem trees, sidewalk tree-root
damage and tree-root clogged sewer lines, as well as potential
funding sources, including a review of a letter from Gina Barden,
30331 Westfield, Livonia, to the Administration for a report and
recommendation, such report to be submitted to Council within 60
to 90 days, FURTHER, the Council does hereby direct that this item
shall remain in committee for further consideration
32529
A communication from Gina Barden, 30331 Westfield, Livonia, re
F City removal of sycamore trees that are overgrown in her neighborhood, was
received and placed on file for the information of the Council
A communication from the Engineering Division, dated July 20,
2000, re results of a survey taken of traffic counts at the intersection of
Westcheter and Curtis, and determining that it does not warrant a three-way
stop, was received and placed on file for the information of the Council (CR
265-00)
On a motion by Laura, seconded by Pastor, and unanimously
adopted, it was
CR 692-00 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
August 22, 2000, submitted pursuant to Council Resolution 265-00,
and a communication from Russell P Flynn, Woodbury Park
Homeowners Association Representative, 37288 Weymouth Drive,
dated March 20, 2000, appealing the determination of the Livonia
Traffic Commission which denied the request for the installation of
a "Stop Sign" on the east side of Westchester facing Newburgh
Road, the Council does hereby determine to take no further action
with respect to this matter
A communication from the Division of Police, dated August 10,
2000, re automobile crash history at intersections of Curtis and Heatherlea and
Curtis and Westchester not supporting the need for stop signs, was received and
placed on file for the information of the Council (CR 503-00 and 504-00)
Elevation Plan of an existing home, a new elevation/floor plan for a
proposed new home and Site Plans "A" and "B" submitted by Sam Baki at the
Streets, Roads and Plats Committee on August 22, 2000, were received and
placed on file for the information of the Council (CR 540-00)
32530
On a motion by Laura, seconded by Duggan, it was
CR 693-00 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
August 22, 2000, submitted pursuant to Council Resolution 540-00,
and a communication from the City Assessor, dated June 12, 2000,
approved for submission by the Mayor, with regard to a request
from Sam Baki, Baki Unique Home Builders, 36800 Seven Mile
Road, Livonia, Michigan 48152, representing Mr Bruno Matecki,
19645 Gill, 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 division of Tax Item No 46-015-99-0014-001 into
three (3) parcels, the legal descriptions of which shall read as
follows
PARCEL A
Commencing at the South 1/4 of Section 4, T 1S , R.9 E , City of
Livonia, Wayne County, Michigan, beginning N 00 degrees 11' 07"
E , 1320 feet from the South % corner of said Section 4, and
proceeding thence N 89 degrees 57' 40" W , 194 00 feet; thence
continuing N 89 degrees 57' 40" W , 74 00 feet; thence N 00
degrees 11' 07" E , 165 feet, thence S 89 degrees 57' 40" E ,
74 00 feet; thence S 00 degrees 11' 07" W , 165 00 feet to the
beginning
PARCEL B
Commencing at the Southwest % of Section 4, T 1S , R.9 E , City of
Livonia, Wayne County, Michigan, beginning N 00 degrees 11' 07"
E , 1320 feet from the South 1/4 corner of said Section 4, and
proceeding thence N 89 degrees 57' 40" W , 120 00 feet, thence
continuing N 89 degrees 57' 40" W , 74 00 feet; thence N 00
degrees 11' 07" E , 165 00 feet; thence S 89 degrees 57' 40" E ,
74 00 feet; thence S 00 degrees 11' 07" W , 165 00 feet to the
beginning
PARCEL C
Commencing at the Southwest 1/4 of Section 4, T 1S , R.9 E , City of
Livonia, Wayne County, Michigan, beginning N 00 degrees 11' 07"
E , 1320 00 feet from the South '/4 corner of said Section 4, thence
N 89 degrees 57' 40" W , 120 00 feet; thence N 00 degrees 11'
07" E , 165 00 feet; thence S 89 degrees 57' 40" E , 120 00 feet;
thence S 00 degrees 11' 07" W , 165 00 feet to the point of
beginning except the East 43 000 feet dedicated to the City of
Livonia for right-of-way purposes
32531
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,
PROVIDED, HOWEVER, that until a variance is granted by the
Zoning Board of Appeals as to every nonconforming lot resulting
from such split, none of said lots may be sold, leased or
transferred, and contingent upon dedication of the right-of-way
along Gill Road to the City of Livonia at no cost.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan
NAYS Vandersloot
The President declared the resolution duly adopted
Petitioner Sam Baki was present at the meeting and he stated that
all homes will be facing Northland
A communication from the Department of Law, dated March 23,
2000, re reasons for not leasing City-owned land on Glendale to Quality
Metalcraft, was received and placed on file for the information of the Council (CR
169-00, 170-00 and 171-00)
A communication from the Economic Development Manager, dated
August 28, 2000, re report regarding Quality Metalcraft and his recommendation
that this company be allowed to purchase the City-owned land on Glendale for
construction of a new building and parking area, was received and placed on file
for the information of the Council (CR 170-00)
A communication from the Public Service Division, dated August
24, 2000, re the Master Plan for the City Landfill, was received and placed on
file for the information of the Council (CR 606-89 and CR 171-00)
32532
On a motion by Laura, seconded by Duggan, and unanimously
adopted, it was
CR 694-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 29,
2000, submitted pursuant to Council Resolution 171-00, in
connection with a request submitted by Kurt W Roskelly, Basney &
Smith, Inc , dated February 10, 2000, on behalf of Quality
Metalcraft, Inc., 33355 Glendale Avenue, Livonia, Michigan 48150,
to purchase certain City-owned property located adjacent to Quality
Metalcraft on the north side of Glendale Avenue, and having further
considered the report and recommendation of the Director of Public
Works, dated August 24, 2000, submitted pursuant to Council
Resolution 606-89, the Council does hereby approve in concept the
Master Plan proposed for the development or the City Landfill
property on Glendale Avenue as outlined in the aforementioned
report and recommendation, FURTHER, the Council does hereby
authorize the Administration to proceed with the implementation
steps described in the Master Plan
A communication from Brashear, Tangora, Gallagher, Creighton &
Amann, LLP, dated August 10, 2000, re Goddard School's withdrawal for a
waiver use petition located on the south side of Eight Mile Road at Meadowview
Lane, was received and placed on file for the information of the Council (Petition
00-2-2-13)
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 695-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 29,
2000, submitted pursuant to Council Resolution 313-00, and a
communication from Charles G Tangora, Brashear, Tangora,
Gallagher, Creighton & Amann, L.L P , on behalf of Goddard
School, dated March 30, 2000, which in accordance with the
provisions of Section 19 08 of Ordinance 543, as amended, the
Zoning Ordinance, takes an appeal from a determination made on
March 28, 2000, by the City Planning Commission in its resolution
3-69-2000 with regard to Petition 00-2-2-13, submitted by Rodino,
L P , on behalf of Goddard School, requesting waiver use approval
32533
to construct and operate an early childhood school on property
located on the south side of Eight Mile Road between Meadowview
Lane and Victor Parkway in the Northeast 1/4 of Section 6, which
property is zoned RUF, and having further considered a
communication from Charles G Tangora, Brashear, Tangora,
Gallagher, Creighton & Amann, L L P , dated August 10, 2000, the
Council does hereby determine to take no further action based
upon the fact that the request has been withdrawn by the petitioner
Councilmember Vandersloot gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 4 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
;MENDING ARTICLE III OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 99-10-1-16)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein
The above Ordinance was placed on the table for consideration at the next
regular meeting
Councilmember Duggan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 25 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 00-4-1-6)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein
The above Ordinance was placed on the table for consideration at the next
regular meeting
32534
Councilmember Engebretson took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING TITLE 5 OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
BY ADDING CHAPTER 20 (THE TIME WARNER
CABLE TELEVISION FRANCHISE ORDINANCE)
THERETO AND AMENDING AND REPEALING
CHAPTER 18
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, Walsh, Pastor, Duggan Laura, Engebretson
and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Walsh, seconded by Pastor, and unanimously
adopted, it was
CR 696-00 RESOLVED, that having considered a communication
from Sherry L Powell, 35814 Orangelawn, Livonia, Michigan
48150, dated August 23, 2000, requesting an amendment to
Section 4 02 of Article IV of Zoning Ordinance No 543, as
amended, to permit the parking of car-hauling trailers on residential
property, the Council does hereby refer this matter to the
Legislative Committee for its report and recommendation
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE ADDING CHAPTER 96 (ELECTRIC
FRANCHISE) TO TITLE 5 OF THE APPENDIX OF
THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein
ire.
32535
The above Ordinance was placed on the table for consideration at the next
regular meeting
Councilmember Duggan left the podium at 8 40 p m due to a conflict of interest.
On a motion by Pastor, seconded by Walsh, and unanimously
adopted, it was
CR 697-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 23, 2000, approved for submission by the Mayor, the
Council does hereby authorize the release to Leo Soave Building, Inc.,
34822 Pembroke, Livonia, Michigan 48152, the proprietor of Lakeside
Estates Subdivision, located in the southeast 1/4 of Section 33, of the
financial assurances previously deposited pursuant to Council Resolution
468-96 adopted on May 8, 1996, and subsequently amended by Council
Resolution 1086-96 adopted on November 13, 1996, specifically.
a) General Improvement Bond $ 3,500 00 (all cash),
b) Sidewalk Bond 30,000 00 ($5,000 00 minimum cash)
c) Grading and Soil Erosion Control 2,500 00 (all cash),
d) Entrance Markers/Landscaping 7,500 00 ($3,000 00 minimum cash);and
e) Monuments & Markers 1,235 00 (all cash);
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Pastor, Laura, Engebretson and Brosnan
NAYS None
The President declared the foregoing resolution duly adopted
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
CR 698-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 23, 2000, approved for submission by the Mayor, the
Council does hereby authorize the release to Leo Soave Building, Inc.,
34822 Pembroke, Livonia, Michigan 48152, the proprietor of Lakeside
Estates Subdivision No 2, located in the Southeast 1/4 of Section 33, of
the financial assurances previously deposited with respect to the
32536
Sidewalk Bond in the sum of $5,000 00 (all cash) pursuant to Council
Resolution 339-97 adopted on April 30, 1997, and subsequently amended
by Council Resolution 829-97 adopted on October 8, 1997, FURTHER, all
other financial assurances (including the Grading and Soil Erosion Bond
in the amount of $300 00 cash) now on deposit with the City, if any, with
respect to this subdivision shall remain the same and unchanged, and the
action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Pastor, Laura, Engebretson and Brosnan
NAYS None
The President declared the foregoing resolution duly adopted
Councilmember Duggan returned to the podium at 8 42 p m
On a motion by Duggan, seconded by Walsh, it was
CR 699-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 14, 2000, which
transmits its resolution 7-129-2000, adopted on July 11, 2000, with
regard to Petition 00-6-SN-7, submitted by Kristal Greniuk-
Wioncek, D D S , requesting approval for signage for the
commercial building located at 33044 Five Mile Road in the
Southwest 1/4 of Section 15, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 00-6-
SN-7 is hereby approved, subject to the following conditions
1 That the Sign Package submitted by Kristal Greniuk-
Wioncek, D D S , as received by the Planning Commission
on June 30, 2000, is hereby approved and shall be adhered
to,
2 That these wall signs shall not be illuminated beyond one (1)
hour after this business closes,
3 That any additional signage shall come back before the
Planning Commission and City Council for their review and
approval, and
32537
4 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess
signage and any conditions related thereto
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Duggan, Laura, Engebretson and Brosnan
NAYS Pastor
The President declared the foregoing resolution duly adopted
A communication from Kristal Greniuk-Wioncek, D D S , 29582 Five Mile
Road, Livonia, 48154, dated September 7, 2000, re the sign circuit, switch and box on
the proposed sign for her business located at 33044 Five Mile Road, Livonia, was
received and placed on file for the information of the Council (Petition 00-6-SN-7)
Petitioner Kristal Greniuk-Wioncek, D D S , was present at the
meeting to answer questions of the Council
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 700-00 RESOLVED, that having considered a communication
from E C Schubiner, General Properties Company, L L C , dated
July 19, 2000, in connection with Petition 99-9-1-15 submitted by
General Properties Company, L L C , for a change of zoning of
property located immediately west of Sunset Subdivision between
Fargo Avenue and Eight Mile Road in the Northwest 1/4 of Section
2 from RUF to R-3, the Council does hereby reaffirm its denial of
the request to rezone this property from RUF to R-3 for the same
reasons as provided in Council Resolution 215-00 adopted on
March 22, 2000
Petitioner E C Schubiner of General Properties Company, L L.0 ,
was present at the meeting and stated that the size of the lots will be from 88 feet
to 120 feet.
On a motion by Walsh, seconded by Pastor, and unanimously
adopted, it was
32538
CR 701-00 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from
General Motors Corporation, GM Powertrain, dated May 24, 2000,
covering new industrial facilities to be located within City of Livonia
Industrial Development District No 2, 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 General Motors
Corporation, GM Powertrain, the Assessor, and a representative of
each of the affected taxing units an opportunity for a hearing on this
Application and said hearing having in fact been conducted at 7 00
p m on Monday, August 21, 2000, at the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, General Motors Corporation,
GM Powertrain, 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 General
Motors Corporation, GM Powertrain, covering new industrial
facilities to be located within the City of Livonia Industrial
Development District No 2 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 Board upon approval of an Industrial
Facility Exemption Certificate, the Council hereby authorizes
32539
lbw 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
On a motion by Engebretson, seconded by Pastor, and
unanimously adopted, it was
CR 702-00 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from
Roush Industries, Inc., dated May 30, 2000, covering renovations to
an existing industrial facility to be located within City of Livonia
Industrial Development District No 51, 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 7 00 p m on Monday,
August 21, 2000, at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, 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 renovations to an existing industrial
32540
facility located within the City of Livonia Industrial
Development District No 51 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 Board upon approval of an Industrial
Facility Exemption Certificate, the Council hereby authorizes
the Mayor and City Clerk to sign such Letter of Agreement
as duly executed by the applicant and incorporate such
Letter of Agreement as part of the documentation required to
process Applications for Industrial Facility Exemption
Certificates
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 703-00 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from Trio
Tool Company, dated May 23, 2000, covering new industrial
facilities to be located within City of Livonia Industrial Development
District No 74, 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 Trio Tool Company, the
Assessor, and a representative of each of the affected taxing units
an opportunity for a hearing on this Application and said hearing
having in fact been conducted at 7 00 p m on Monday, August 21,
2000, at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, Trio Tool Company, 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
32541
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 Trio Tool
Company, covering new industrial facilities to be located
within No 74 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 Board upon approval of an Industrial
Facility Exemption Certificate, the Council hereby authorizes
the Mayor and City Clerk to sign such Letter of Agreement
as duly executed by the applicant and incorporate such
Letter of Agreement as part of the documentation required to
process Applications for Industrial Facility Exemption
Certificates
On a motion by Duggan, seconded by Walsh, it was
RESOLVED, that having considered a communication
from Rocky Zebari, on behalf of Country Style Market, received in
the Office of the City Clerk on June 1, 2000, which in accordance
with the provisions of Section 19 08 of Ordinance 543, as
amended, the Zoning Ordinance, takes an appeal from a
determination made on May 25, 2000, by the City Planning
Commission in its resolution 5-109-2000 with regard to a request
submitted by Country Style Market, in connection with Petition 00-
4-SN-4, for approval for signage for the commercial property
located at 19618 Middlebelt Road in the Southwest 1/4 of Section
1, the Council does hereby move this item to the next Regular
Meeting of September 25, 2000
Councilmembers Duggan and Walsh then withdrew their support from the
foregoing resolution
On a motion by Engebretson, seconded by Duggan, and
unanimously
adopted, it was
32542
CR 704-00 RESOLVED, that having considered a communication
from Rocky Zebari, on behalf of Country Style Market, received in
the Office of the City Clerk on June 1, 2000, which in accordance
with the provisions of Section 19 08 of Ordinance 543, as
amended, the Zoning Ordinance, takes an appeal from a
determination made on May 25, 2000, by the City Planning
Commission in its resolution 5-109-2000 with regard to a request
submitted by Country Style Market, in connection with Petition 00-
4-SN-4, for approval for signage for the commercial property
located at 19618 Middlebelt Road in the Southwest 1/4 of Section
1, the Council does hereby concur in part in the recommendation of
the City Planning Commission and Petition 00-4-SN-4 is hereby
approved as to the wall sign only, and the balance of the
resolution should be considered at the next Regular Meeting of
September 25, 2000, subject to the following conditions
1 That the wall sign shall not exceed 43 sq ft. in sign area, and
2 That the wall sign shall not be illuminated beyond one (1) hour
after this store closes
Petitioner Rocky Zebari was present at the meeting to answer questions of the
Council
Councilmember Duggan left the podium at 9 07 p m due to a conflict of interest.
On a motion by Walsh, seconded by Engebretson, and
unanimously adopted, it was
CR 705-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 14, 2000, which
sets forth its resolution 6-111-2000 adopted on June 13, 2000, with
regard to Petition 00-4-1-7, submitted by Michael Soave for a
change of zoning of property located on the north side of Five Mile
Road between Cavour and Garden in the Southwest 1/4 of Section
13, from R-1 and R-7 to RC, and the Council having conducted a
public hearing with regard to this matter on August 28, 2000,
pursuant to Council Resolution 499-00, the Council does hereby
approve Petition 00-4-1-7 for preparation of the ordinance for
submission to Council, 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
32543
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Pastor, Laura, Engebretson and
Brosnan
NAYS None
The President declared the resolution duly adopted
Building elevations submitted by Michael Soave, dated
September 12, 2000 for proposed condominiums to be located on the north side*
of Five Mile Road between Cavour and Garden in the Southwest % of Section
13, was received and placed on file for the information of the Council (Petition
00-4-1-7)
Councilmember Duggan returned to the podium at 9 08 p m
On a motion by Duggan, seconded by Laura, and unanimously
adopted, it was
CR 706-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 3, 2000, which
sets forth its resolution 7-143-2000 adopted on July 25, 2000, with
regard to Petition 00-6-1-11, submitted by Michael Soave for a
change of zoning of property located on the east side of Farmington
Road between Pickford Avenue and Curtis Avenue in the
Northwest 1/4 of Section 10, from OS to RC, and having further
considered a communication from Michael Soave, dated August 25,
2000, the Council does hereby determine to take no further action
on this Petition based upon the fact that the request has been
withdrawn by the petitioner
A communication from Michael Soave, 34822 Pembroke, Livonia,
48152, dated August 25, 2000, re withdrawal of Petition 00-6-1-11, was received
and placed on file for the information of the Council
On a motion by Duggan, seconded by Engebretson, and
32544
unanimously adopted, it was,
CR 707-00 RESOLVED, that the Council does hereby amend
and revise Council Resolution 602-00 so as to have the same read
as follows
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
Wednesday, October 18, 2000, at 7 00 p m at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, with respect to
the following item
Petition 00-6-1-12, submitted by Alex Ali, for a change of
zoning of property located on the southerly 135 feet of
Lot 5 of Strathcona Gardens Subdivision on the
northwest corner of Deering Road and Five Mile Road in
the Southeast 1/4 of Section 13 from OS to C-1, the City
Planning Commission in its resolution 7-144-2000 having
recommended to the City Council that Petition 00-6-1-12
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
On a motion by Vandersloot, seconded by Walsh, and unanimously
adopted, it was
CR 708-00 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated August 25,
32545
2000, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does, for and
ism on behalf of the City of Livonia, accept the donation of 180,000 golf
scorecards, valued at $4,605 04, from Mr Alex Aloe, Coldwell
Banker, 37701 Pembroke, Livonia, Michigan 48152, for use at the
City's golf courses
On a motion by Dugan, seconded by Pastor, and unanimously
adopted, it was
CR 709-00 RESOLVED, that having considered a communication
from the Department of Law, dated August 29, 2000, approved for
submission by the Mayor, which submits a Quit Claim Deed from
the City of Livonia to Thomas P and Devon L Eidson for City-
owned property located at 9721 Newburgh Road, Livonia,
Michigan, the legal description of which is as follows
The West 27 feet of the following parcel of land Lot 7,
Horton's Subdivision, as recorded in Liber 32, Page 24 of
Plats, Wayne County Records, part of the Northeast 1/4 of
Section 31, T 1S , R 9E , City of Livonia, Wayne County,
Michigan (9721 Newburgh Road) Part of Taxation Id No
46-121-01-0007-000
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 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.
A communication from Department of Public Safety, Fire and
Rescue Division, dated September 11, 2000, re the bid extension of Allie
Brothers, Inc , for supplying the Fire Department with uniforms and related
uniform items, was received and placed on file for the information of the Council
(Agenda Item #6)
A communication from the Public Service Division, dated
September 7, 2000, re Henry Ruff being classified as a City collector road
32546
(paving paid for by a special assessment with revised cost sharing) and Levan
Road being classified as a major City road (paving paid for by 100% of City major
road upkeep) was received and placed on file for the information of the Council
(Agenda Item Nos 3 and 12).
On a motion by Engebretson, seconded by Duggan, and
unanimously adopted, this 1,424th Regular Meeting of the Council of the City of
Livonia was adjourned at 915 p m , September 13, 2000
72can McCotter, City Clerk