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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-07-19 32399 MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTY FIRST REGULAR MEETING OF JULY 19. 2000 On July 19, 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 8.05 p m Councilmember Duggan delivered the invocation Roll was called with the following result. Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot and Maureen Miller Brosnan Absent: John Walsh-arrived at 8 14 pm , John Pastor, illness 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, Robert Beckley, Director of Public Works, Jim Inglis, Housing Director and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Vandersloot, it was CR 519-00 RESOLVED, that the minutes of the 1,420th Regular Meeting of the Council held July 5, 2000 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Engebretson, Vandersloot and Brosnan NAYS None PRESENT Joe Laura During the audience communication portion of the meeting, Amy Pivetta, 31088 Mason, Livonia spoke to the Council regarding her request to hold a block party On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 520-00 RESOLVED, that having considered an application from Amy Pivetta and Robin Jakubowski, 31088 and 31098 Mason, respectively, dated July 17, 2000, requesting permission to close the street between the addresses of 31071 Mason and 14335 Bainbridge Lan Saturday, July 22, 2000, from 12 00 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant 32400 permission as requested, including therein permission to conduct the said affair on Sunday, July 23, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. Council President Brosnan announced that Councilmember Duggan had celebrated a birthday on July 5 and that City Engineer Bob Schron was celebrating his birthday today on July 19 Councilmember Engebretson stated his intention to discharge the proposed lot split requested by Mr Brian Peters, 8917 Newburgh Road, from the Streets, Roads and Plats Committee at the next Regular Council Meeting Councilmember Brosnan announced that Karen Szymula, Director of Legislative Affairs, became a proud grandmother today to a grandson named Louis Adam Hunt V She was presented this 7 pound 4 ounce, 20 1/2 inches long boy by her daughter, Amanda Hunt and her husband Louis, who are living in Grand Rapids The entire family is doing well At the direction of the Chair, Item #4 was removed from the Consent portion of the Agenda A communication from the Rotary Club of Livonia, dated July 17, 2000, re information requested by Council related to their Bar-B-Que and Family Fun Fest, was received and placed on file for the information of the Council (Agenda Item #5) A communication from the Engineering Division, dated July 13, 2000, re the final contract amount of Hard Rock Concrete's 1999 contract for Pavement and Catch Basin Repair Program, was received and placed on file for the information of the Council (Agenda Item #12) On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 521-00 RESOLVED, that having considered an application from Shawn Staff, 14103 Blackburn, dated June 28, 2000, requesting permission to close Blackburn between Perth and Scone on Saturday, July 29, 2000, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 5, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 522-00 RESOLVED, that having considered an application from Sharon MacKenzie, 9253 Woodring, dated June 21, 2000, requesting 32401 permission to close Woodring between Vermont and Oregon on Saturday, August 12, 2000, from 1 00 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 13, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 523-00 RESOLVED, that having considered an application from Gisele Sidor, 36026 Dover, dated June 22, 2000, requesting permission to close Dover between Linville and Crown on Saturday, August 26, 2000, from 9.00 a m to 10.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 27, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 524-00 RESOLVED, that having considered a letter from Del Sisler, on behalf of the Rotary Club of Livonia, dated June 29, 2000, and a communication from the Superintendent of Parks and Recreation, dated June 29, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting permission to sell beer, to place a banner at the entrance to Rotary Park for a period not to exceed two weeks, and to place 14"x 22" wire mounted signs at all major intersections of the City as listed in a letter submitted to the City Council dated July 17, 2000, announcing the Rotary Club of Livonia's Annual Bar- B-Que and Family Fun Fest to be held at Rotary Park on Sunday, August 13, 2000, as a fund-raiser for Rotary Park and other Rotary community and international projects, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 1 The Rotary Club of Livonia shall provide the City of Livonia with an appropriate insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, and such certificate of insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2 That all alcoholic beverages will be sold only by Rotarians and proof of legitimate drinking age will be required, 3 That alcoholic beverages will be served in a fenced off area, 4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit from the State of Michigan prior to this event; 32402 5 That medical and security personnel shall be on site at all times, and 6 That the wire-mounted road signs will be installed on July 29, 2000 and removed by Monday, August 14, 2000 CR 525-00 WHEREAS, the City Council intends to authorize the issuance and sale of Water Supply and Sewage Disposal System Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in the principal amount of not to exceed in total Five Million Dollars ($5,000,000 00), for the purpose of paying all or part of the cost of acquiring and constructing necessary additions, extensions and improvements to the City's Water Supply and Sewage Disposal System together with all necessary appurtenances and attachments thereto (the "Project"); and WHEREAS, a Notice of Intent to Issue Bonds must be published at least forty-five (45) days before issuance of the same in order to comply with the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended, and WHEREAS, prior to issuance of the above obligation, the City must either receive prior approval of such obligation from the Michigan Department of Treasury or be exempt from prior approval as provided in Section 27 of Act 94, and WHEREAS, in order to be exempt from prior approval, the City must notify the Department of Treasury of its intent to issue the obligation and must agree to pay the filing fees required by Act 94, and WHEREAS, the City intends at this time to state its intentions to be reimbursed from proceeds of the bonds to be issued by the City for any expenditures undertaken by the City for the Project prior to issuance of the bonds NOW, THEREFORE, BE IT RESOLVED THAT 1 The Mayor, City Clerk and Director of Finance are each authorized to notify the Department of Treasury of the City's intent to issue the bonds described in the preamble to this resolution, to paylhe required filing fee and to request an order providing an exception for the bonds from prior approval by the Department of Treasury, to file any and all necessary applications with the Michigan Department of Treasury, and related waivers, if any 2 The City Clerk is hereby authorized and directed to publish a Notice 32403 of Intent to Issue Bonds in the Livonia Observer, a newspaper of general circulation in the City, as a display advertisement at least one-quarter(1/4) page in size 3 The Notice of Intent so published shall be in substantially the following form NOTICE TO ELECTORS OF THE CITY OF LIVONIA AND USERS OF THE CITY'S WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM OF INTENT TO ISSUE REVENUE BONDS PAYABLE FROM THE REVENUES OFSAID WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM AND OF RIGHT OF REFERENDUM RELATING THERETO PLEASE TAKE NOTICE that the City Council of the City of Livonia intends to authorize the issuance and sale of Water Supply and Sewage Disposal System Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in the principal amount of not to exceed in total Five Million Dollars ($5,000,000 00), for the purpose of paying all or part of the cost of acquiring and constructing necessary additions, extensions and improvements to the City's Water Supply and Sewage Disposal System together with necessary appurtenances and attachments thereto Said bonds will mature in annual installments not to exceed thirty (30) in number, with interest rates to be determined at public sale but in no event to exceed such rates as may be permitted by law on the unpaid balance from time to time remaining outstanding on said bonds SOURCE OF PAYMENT OF BONDS THE PRINCIPAL OF AND INTEREST ON SAID REVENUE BONDS shall be payable solely and only from the net revenues derived from the operation of the City's Water Supply and Sewage Disposal System Said revenues consist of rates and charges for services supplied by the said System which may from time to time be increased in order to provide sufficient revenues to meet expenses of operating and maintaining said System and paying debt service on any revenue bonds payable from the revenues of said System, including certain outstanding revenue bonds Schedules of rates presently in effect for the System are on file in the office of the City Clerk. RIGHT OF REFERENDUM 32404 THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE If such a petition is filed, the bonds cannot be issued unless approved by a majority vote of the electors of the City voting on the question of their issuance THIS NOTICE is given pursuant to the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended ADDITIONAL INFORMATION will be furnished at the offices of the City Clerk. Joan McCotter City Clerk 4 The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is adequate notice to the electors of the City and users of the City's Water Supply and Sewage Disposal System and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bonds, the security for the bonds and the rights of referendum of the electors with respect thereto, and that the provision of forty-five (45) days within which to file a referendum petition is adequate to insure that the City's electors may exercise their legal rights of referendum 5 The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas Reg §1 150-2 pursuant to the Internal Revenue Code of 1986, as amended (a) As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the City (b) The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Project which were or will be paid subsequent to sixty (60) days prior to the date hereof (c) The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $5,000,000 00 32405 (d) A reimbursement allocation of the expenditures described in (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid A reimbursement allocation is an allocation in writing that evidences the City's use of the proceeds of the debt to be issued for the Project to reimburse the City for a capital expenditure made pursuant to this resolution (e) The expenditures described in (b) above are "capital expenditures" as defined in Treas Reg §1 150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas Reg §1 150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid) (f) No proceeds of the borrowing paid to the City in reimbursement pursuant to this resolution will be used in a manner described in Treas Reg §1 150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas Reg §1 148-1) within one year of the reimbursement allocation described in (d) above (g) Expenditures for the Project to be reimbursed for the proceeds of the borrowing for purposes of this resolution do not include costs for the issuance of the debt or an amount not in excess of the lesser of $100,000 00 or five (5) percent of the proceeds of the borrowing, or preliminary expenditure not exceeding twenty (20) percent of the issue price of the borrowing, within the meaning of Treas Reg §1150-2(f) (such preliminary expenditures include architectural, engineering, surveying, soil testing and similar costs incurred prior to construction of the Project, which items can be reimbursed from bond proceeds regardless of the adoption of this resolution, but do not include land acquisition, site preparation, and similar costs incident to commencement of construction, which must fall within the parameters of this resolution to be reimbursed From bond proceeds) 6 Miller, Canfield, Paddock and Stone, P L C is retained as bond counsel to the City and Stauder, Barch & Associates, Inc. is 32406 retained as financial advisor to the City in connection with the issuance of the bonds 7 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded CR 526-00 WHEREAS, there exists in and for the City an imperative need to acquire, construct, furnish and equip a new Community Recreation Center, together with additions and renovations to the Eddie Edgar Ice Arena and additions and renovations to the existing Senior Citizen Center, together with site and parking improvements and all appurtenances and attachments therefore (the "Recreational Projects"); and WHEREAS, this City Council has determined, and does hereby reaffirm, that it is necessary for the public health, safety and welfare of the City to acquire and construct the Recreational Projects for the use of the City; and WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, provides through the procedures of building authority financing a means for the acquisition, construction and financing of the Recreational Projects, and WHEREAS, the City, in accordance with the provisions of said Act 31, as amended, has previously adopted Articles of Incorporation and has established the Municipal Building Authority of Livonia (the "Authority") with full powers to acquire and construct the Recreational Projects, and WHEREAS, this City Council determines it to be in the best interest of the City to acquire, construct and finance the Recreational Projects through the Authority in accordance with the provisions of said Act 31, as amended, and WHEREAS, a Contract between the City and the Authority providing for the acquisition, construction and financing of the Recreational Projects and such matters as are deemed necessary thereto are in the process of being prepared, with the bonds to be issued in one or more series as shall be determined by the City Council, and WHEREAS, this City Council is desirous of publishing a Notice of Intention of Entering into Contract of Lease so as to begin the statutory referendum period, and 32407 WHEREAS, the City intends at this time to state its intentions to be reimbursed from proceeds of the bonds to be issued by the Authority for any expenditures undertaken by the City for the Recreational Projects prior to issuance of the bonds, and WHEREAS, prior to issuance of the bonds by the Authority, the Authority and the City must either receive prior approval of such obligation from the Michigan Department of Treasury or receive an order of exception from prior approval NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Council hereby determines it to be necessary for the public health, safety and welfare of the City to acquire, construct, rurnish and equip the Recreational Projects for the use of the City 2 This City Council deems it to be in the best interest of the City to finance all or part of the cost of acquiring and constructing the Recreational Projects through the Authority in accordance with the provisions of the aforesaid Act 31, as amended, in the amount of not to exceed Forty Million Dollars ($40,000,000 00) with the remaining portion of the cost, if any, of the Recreational Projects being defrayed from City funds on hand and legally available for 3 such use The Notice of Intention of Entering into Contract of Lease as hereto attached shall be published in the Livonia Observer, a newspaper of general circulation in the City, promptly upon adoption of this resolution, said Notice to appear as a display advertisement at least one-quarter (1/4) page in size 4 The City Council does hereby determine that the designated newspaper is the newspaper circulating in the City which reaches the largest number of persons to whom the aforesaid Notice is directed and that publication of the aforesaid Notice in the designated newspaper represents the most practical and feasible means of informing the taxpayers and electors of the City of the Recreational Projects and the financing thereof A copy of the Contract shall be placed on file in the office of the City Clerk and shall be available for public examination no later than 30 days from the date of publication of said Notice of Intent. 5 The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas Reg §1 150-2 pursuant to the Internal Revenue Code of 1986, as amended 32408 (a) As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the Authority (b) The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Recreational Projects which were or will be paid subsequent to sixty (60) days prior to the date hereof (c) The maximum principal amount of debt expected to be issued for the Recreational Projects, including issuance costs, is $40,000,000 00 (d) - A reimbursement allocation of the expenditures described in (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Recreational Projects are placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid A reimbursement allocation is an allocation in writing that evidences the City's use of the proceeds of the debt to be issued for the Recreational Projects to reimburse the City for a capital expenditure made pursuant to this resolution (e) The expenditures described in (b) above are "capital expenditures" as defined in Treas Reg §1 150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas. Reg §1 150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid) (f) No proceeds of the borrowing paid to the City in reimbursement pursuant to this resolution will be used in a manner described in Treas Reg §1 150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas Reg §1 148-1) within one year of the reimbursement allocation described in (d) above (g) Expenditures for the Recreational Projects to be reimbursed for the proceeds of the borrowing for purposes of this resolution do not include costs for the issuance of the debt or an amount not in excess of the lesser of $100,000 00 or five (5) percent of the proceeds of the borrowing, or preliminary expenditure not 32409 exceeding twenty (20) percent of the issue price of the borrowing, within the meaning of Treas Reg §1 150-2(f) (such preliminary expenditures include architectural, engineering, surveying, soil testing and similar costs incurred prior to construction of the Recreational Projects, which items can be reimbursed from bond proceeds regardless of the adoption of this resolution, but do not include land acquisition, site preparation, and similar costs incident to commencement of construction, which must fall within the parameters of this resolution to be reimbursed from bond proceeds) 6 The Mayor, City Clerk and Director of Finance are each authorized to notify the Department of Treasury of the City's intent to pledge its limited tax full faith and credit to the bonds described in the preamble to this resolution, to pay the required filing fee and to request an order providing an exception for the bonds from prior approval by the Department of Treasury and to apply for any related waivers, or to request prior approval of the bonds if the exception from prior approval is not available 7 Miller, Canfield, Paddock and Stone, P L.0 is approved as bond counsel to the Authority and Stauder, Barch & Associates, Inc. is approved as financial advisor to the Authority in connection with the issuance of the bonds 8 All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded NOTICE OF INTENTION OF ENTERING INTO LIMITED TAX-SUPPORTED CONTRACT OF LEASE AND OF RIGHT TO PETITION FOR REFERENDUM THEREON TO THE TAXPAYERS AND ELECTORS OF THE CITY OF LIVONIA, MICHIGAN PLEASE TAKE NOTICE that the City of Livonia intends to approve and execute a Contract of Lease with the Municipal Building Authority of Livonia pursuant to Act No 31, Public Acts of Michigan, 1948 (First Extra Session), as amended Such Contract will provide, among other things, that said Building Authority will acquire, construct, furnish and equip a new Community Recreation Center, together with additions and renovations to the Eddie Edgar Ice Arena and an addition to and renovations to the existing Senior Citizens Center, together with necessary site and parking improvements and all appurtenances and attachments thereto (together the "Recreational Projects"), and WILL ISSUE ITS BONDS TO FINANCE 32410 ALL OR PART OF THE ESTIMATED COST OF ACQUIRING AND CONSTRUCTING THE SAME FOR SAID CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $40,000,000 00 Said bonds will mature serially in not to exceed 30 annual installments, and will bear interest not exceeding 7% per annum on the outstanding principal balance or such higher rate as may be authorized by law The bonds will be issued under such Contract in one or more series as shall be determined by the City Council The Contract will further provide that the City will lease said Recreational Projects from said Building Authority and WILL PAY AS RENTAL TO SAID BUILDING AUTHORITY ALL SUMS NECESSARY TO RETIRE THE PRINCIPAL OF AND INTEREST ON SAID BONDS, TOGETHER WITH ALL COSTS OF OPERATING AND MAINTAINING SAID RECREATIONAL PROJECTS AND ALL COSTS of said Building Authority in connection therewith, regardless of whether the recreational Projects are tenantable The principal amount to be borrowed by the Building Authority will be indebtedness of the City for purposes of statutory, charter and constitutional debt limitations, and said principal amount, together with the City's rental obligation for payment thereof, may be increased to cover increased costs of the Recreational Projects CITY CONTRACT OBLIGATION BY VIRTUE OF SAID PROPOSED CONTRACT AND ACT, THE CITY'S REQUIRED PAYMENTS UNDER THE CONTRACT TO THE BUILDING AUTHORITY WILL BE LIMITED TAX FULL FAITH AND CREDIT GENERAL OBLIGATIONS OF THE CITY PAYABLE FROM ANY AVAILABLE FUNDS OF THE CITY, AND THE CITY WILL BE REQUIRED TO LEVY AD VALOREM TAXES ON ALL TAXABLE PROPERTY WITHIN ITS BOUNDARIES, TO THE EXTENT NECESSARY TO MAKE THE PAYMENTS REQUIRED TO RETIRE THE BONDS AND INTEREST THEREON, IF OTHER FUNDS FOR THAT PURPOSE ARE NOT AVAILABLE, AND AS LIMITED BY LAW THE OBLIGATION TO LEVY TAXES IS LIMITED BY APPLICABLE CONSTITUTIONAL, CHARTER AND STATUTORY TAX RATE LIMITATIONS SAID PROPOSED CONTRACT SHALL BECOME EFFECTIVE WITHOUT VOTE OF THE ELECTORS OF THE CITY, AS PERMITTED BY LAW, UPON THE EXPIRATION OF 60 DAYS FOLLOWING THE DATE OF PUBLICATION OF THIS NOTICE, UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF WHETHER SUCH CONTRACT SHOULD BE 32411 EFFECTIVE, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN 45 DAYS FROM THE DATE OF SUCH PUBLICATION If such petition is so filed, the Contract shall not be effective without an approving vote by a majority of electors of the City voting on the question This Notice is given pursuant to the requirements of Section 8(b) of the aforesaid Act 31, as amended Further information concerning the details of said Contract, the Recreational Projects being financed and the matters set out in this Notice may be secured from the City Clerk's office A copy of the Contract will be on file in the office of the City Clerk for public inspection within 30 days from the date hereof Joan McCotter City Clerk A communication from the Inspection Department, dated June 21, 2000, re -Administrative Response —the request of Lou Santo, 37600 St. Martins, to have the large hole in the berm at the end of St. Martins Street investigated, was received and placed on file for the information of the Council (CR 461-00) CR 527-00 RESOLVED, that having considered the report and recommendation of the Housing Director and the Supervisor of the Community Development Office-Housing Commission, dated June 20, 2000, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and First Step for the period August 1, 2000, through July 31, 2001, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 528-00 RESOLVED, that having considered the report and recommendation of the Housing Director and the Supervisor of the Community Development Office-Housing Commission, dated June 20, 2000, approved for submission by the Mayor, and to which is attached Hold Harmless Contracts between the City of Livonia and Counseling Associates, Hegira Programs, Inc. (HPI), Family Services, Inc., Dr John Farrar; Deborah F Bihun, Ph D P C , and Jacque Martin-Downs, MA/MSW, for the 2000-2001 program year, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contracts in the manner 32412 and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 529-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 26, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached the final estimate dated June 26, 2000, the Council does hereby authorize final payment in the amount of $3,500 00 to Owen Tree Service, Inc , 225 N Lake George Road, Attica, Michigan 48412, which sum includes the full and complete balance due in connection with the 2000 Tree and Stump Removal Program, which contract was authorized in Council Resolution 10-00, adopted on January 12, 2000, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with city standards and specifications CR 530-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 21, 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 Hard Rock Concrete Co , Inc., 38146 Abruzzi Drive, Westland, Michigan 48185, for completing all work required in connection with the 2000 Concrete Pavement and Catch Basin Repair Program (Contract 00-E), including repair of pavements damaged due to water main breaks at various locations throughout the City, for the estimated total cost of $931,935 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 expenditures in the amount of $11,935 00 from Account No 203-463-818-100 (Water Main Restoration), $320,000 00 from the Michigan Transportation Fund (Major Road Account) and $450,000 00 from the Michigan Transportation Fund (Local Road Account) for this purpose, FURTHER, the Council does hereby authorize an additional appropriation in the amount of $150,000 00 from the Unexpended Fund Balance of the Local Road Account for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 531-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 28, 2000, which bears the signature of the Director of Finance, 32413 is approved by the Director of Community Resources and the Housing Director, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of G and B Electrical Company, 5393 Deerfield Village Drive, West Bloomfield, Michigan 48322, for completing all work required in connection with the 2000 Civic Area Lighting Project (Contract 00-N) for the estimated total cost of $92,092 82 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 determine as follows To authorize expenditures in the amount of $9,816 00 from CDBG Rinds in Account No 234-800-818-644 and $21,126 40 from CDBG funds in Account No 236-800-818-644 for the lighting at the Senior Center Parking Lot and Shadyside Drive, To authorize an expenditure in the amount of $7,650 16 from Account No 401-000-974-050 (Capital Projects) for the lighting at the Maintenance/Storage Building, To authorize an expenditure in the amount of $24,498 78 from Account No 261-000-818-000 (Public Safety Communications) for installation of the 911 conduits, and To authorize an expenditure in the amount of $29,001 48 from Account No 724-000-690-010 (Arts Commission Trust Account) for installation of the lighting in the art sculpture area, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 532-00 RESOLVED, that having considered a communication from the City Planning Commission, dated June 14, 2000, which transmits its resolution 6-121-2000, adopted on June 13, 2000, with regard to Petition 00-5-GB-1, submitted by Livonia Car Care, requesting approval to substitute a greenbelt for the protective wall on property located at 36251 Five Mile Road in the Northeast 1/4 of Section 20, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation CR 533-00 RESOLVED, that having considered a communication from the City Planning Commission, dated June 14, 2000, which transmits its 32414 resolution 6-122-2000, adopted on June 13, 2000, with regard to Petition 00-5-SN-6, submitted by Commercial Lawnmower, requesting approval for signage for the building located at 32098 Plymouth Road in the Southeast 1/4 of Section 27, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-5-SN-6 is hereby approved, subject to the following conditions 1 That the Sign Package submitted by Phillips Sign & Design, as received by the Planning Commission on May 11, 2000, is hereby approved and shall be adhered to, 2 That the wall sign shall not be illuminated beyond 11'00 p m., and 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval CR 534-00 RESOLVED, that having considered a communication from the City Planning Commission, dated June 14, 2000, which transmits its resolution 6-116-2000, adopted on June 13, 2000, with regard to Petition 00-5-2-20, submitted by Jason Coffman, on behalf of Treats, requesting waiver use approval to operate a carryout/sit-down restaurant within an existing building located on the west side of Middlebelt Road between Norfolk Avenue and Morlock Avenue in the Northeast 1/4 of Section 2, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00- 5-2-20 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats shall be limited to no more than 12 seats, 2 That permanent window signage for this site shall not exceed the maximum amount permitted per place of business of ten (10) square feet in area, and the total of all window signage, permanent and temporary, shall not cover more than twenty (20) percent of the glass area, and 3 That handicapped parking signs in compliance with the current Michigan Barrier Free requirements shall be installed for the existing handicapped parking spaces CR 535-00 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XVIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing 32415 will take place before the City Council of the City of Livonia on Wednesday, September 20, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-3-6-1, submitted by the City Planning Commission, pursuant to Council Resolution 177-00, to determine whether or not to amend Section 18 45 of the Zoning Ordinance pertaining to protective walls and greenbelts, the City Planning Commission in its resolution 6-119-2000 having recommended to the City Council that Petition 00-3-6-1 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statemept 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Engebretson, Vandersloot and Brosnan NAYS None On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 536-00 RESOLVED, that having considered a communication from Bonita Trush, Manager of Corporate Purchasing and Facilities, Valassis Communications, Inc , dated June 23, 2000, requesting the installation of traffic lights at the intersections of Pembroke and Victor Parkway and Eight Mile Road and Victor Parkway, the Council does hereby refer this matter to the Traffic Commission for its report and recommendation On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was REVISED 32416 CR 537-00 RESOLVED, that having considered a communication from Bonita Trush, Manager of Corporate Purchasing and Facilities, Valassis Communications, Inc., dated June 23, 2000, requesting the installation of traffic lights at the intersections of Pembroke and Victor Parkway and Eight Mile Road and Victor Parkway, the Council does hereby refer this matter to the Engineering Division for its report and recommendation Councilmember Walsh arrived at the meeting at 8 14 p m Councilmember Duggan left the podium at 8 15 p m due to a conflict of interest. Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO S'+J, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (PETITION 00-2-1-3) 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 Walsh 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 Laura, Engebretson, Vandersloot, Walsh and Brosnan NAYS None The President declared the resolution duly adopted, and would become effective on publication Councilmember Duggan returned to the podium at 8 16 p m Councilmember Engebretson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6 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 32417 ORDINANCE" BY ADDING SECTION 3 THERETO (PETITION 99-6-1-6) 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 On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 538-00 RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 14, 2000, approved for submission by the Mayor, wherein it is requested that Council Resolution 312-00 be amended to correct the description of property in connection with Petition 99-6-1-6, the Council does hereby amend and revise Council Resolution 312-00 (which amended and revised Council Resolution 187-00), 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, May 31, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 99-6-1-6, as amended, submitted by Marvin Walkon, for a change of zoning of property located on the west side of Newburgh Road between Pembroke Avenue and St. Martins Avenue in the Southeast 1/4 of Section 6 from RUFC to R-C, the City Planning Commission in its resolution 2-34-2000 having recommended to the City Council that Petition 99-6-1-6 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said Public Hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public 32418 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 Engebretson, seconded by Laura, and unanimously adopted, it was CR 539-00 RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 14, 2000, approved for submission by the Mayor, wherein it is requested that Council Resolution 459-00 be amended to correct the description of the property in connection with Petition 99-6-1-6, the Council does hereby amend and revise Council Resolution 459-00 so as to have the same read as follows. RESOLVED, that having considered a communication from the City Planning Commission, dated March 1, 2000, which sets forth its resolution 2-34-2000 adopted on February 29, 2000, with regard to Petition 99-6-1-6, submitted by Marvin Walkon for a change of zoning of property located on the west side of Newburgh Road between Pembroke Avenue and St. Martins Avenue, in the Southeast 1/4 of Section 6, from RUFC to RC, and the Council having conducted a public hearing with regard to this matter on May 31, 2000, pursuant to Council Resolution 312-00, as amended and revised by Council Resolution 538-00, the Council does hereby approve Petition 99-6-1-6 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 Councilmember Engebretson 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 Duggan, Laura, Engebretson, Vandersloot, Walsh and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 32419 A communication from Mr and Mrs Charles Crespi, 35561 Wood, Livonia, dated May 26, 2000 re their support for a change of zoning of property (RUFC to R-C) for a condominium development by Marvin Walkon, was received and placed on file for the consideration of the Council (Petition 99-6-1-6) Mr Charles Crespi spoke to the Council regarding the condominium development planned by Marvin Walkon (Petition 99-6-1-6) Councilmember Duggan took from the table, for second reading and adoption, the folgwing Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (PETITION 99-9-3-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Walsh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (PETITION 00-2-3-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would 32420 become effective on publication Councilmember Engebretson took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 070 OF TITLE 5, CHAPTER 06 (ALARM SYSTEMS AND DEVICES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and -Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Duggan offered a denying resolution regarding a proposed lot split requested by Mr Sam Baki of Baki Unique Home Builders for Tax Item No 46-015-99-0014-001, located north of Seven Mile and west of Gill Roads, 19645 Gill Road, but there was no support for this motion On a motion by Vandersloot, seconded by Engebretson, it was CR 540-00 RESOLVED, that having considered 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, 21820 Wyoming Place, Oak Park, Michigan 48237, to divide Tax Item No 46-015-99-0014-001 into three (3) parcels, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Engebretson, Vandersloot and Brosnan NAYS Laura and Walsh The President declared the resolution duly adopted Sam Baki spoke to the Council and indicated that maintenance of the subject property is under the control of the present owner 32421 Building elevation plans, dated July 19, 2000, re the proposed lot split north of Seven Mile Road and west of Gill Road at 19645 Gill Road, submitted by Baki Unique Home Builders, on behalf of Bruno Matecki, was received and placed on file for the information of the Council A communication from the St. Martins Street Homeowners Association, dated June 26, 2000, re the request of Ivanhoe Companies for waiver use approval for a Planned Residential Development and the agreement reached between homeowners and the developer, was received and placed on file for the information of the Council (Petition 00-5-2-21) A communication from the Ivanhoe Companies, dated July 13, 2000, re revised Site Plan to include 64 units and landscaping for the Planned Residential Development of the Newburgh Park Condominiums to be located at the corner of Newburgh Road and Pembroke Street. (Petition 00-5-2-21) On a motion by Duggan, seconded by Laura, and unanimously adopted, it was, CR 541-00 RESOLVED, that having considered a communication from the City Planning Commission, dated June 14, 2000, which transmits its resolution 6-117-2000, adopted on June 13, 2000, with regard to Petition 00-5-2-21, submitted by Ivanhoe Companies requesting waiver use approval to construct a Planned Residential Development on property located on the west side of Newburgh Road between Pembroke Avenue and St. Martins Avenue in the Southeast 1/4 of Section 6, which property is zoned RUFC (proposed to be rezoned to R-C), the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00-5-2-21 is hereby approved and granted, subject to the following conditions 1 That the site plan showing a total of 64 dwelling units, marked File No LV-4227-36-1 through LV-4227-36-5, inclusive, proposed by Atwell-Hicks, Inc , with a revised date of July 12, 2000, is hereby approved and shall be adhered to, 32422 2 That the landscape plan shall come back for review and approval by the Planning Commission and City Council, 3 That the two (2) building elevation sheets, marked File No 00192, prepared by Dominick Tringali Associates, dated May 30, 2000, are hereby approved and shall be adhered to, 4 That the first story of each condominium unit shall be brick, on all four sides, and the amount of brick on the first story shall not be less than 80% and the combined amount of brick on the first, second and third stories shall not be less than 65%, 5 That all brick used in the construction of the buildings shall be full- face four (4") inch brick, no exceptions, 6 That a plan for identification signage shall be submitted to the Planning Commission and City Council for their review and approval, 7 That all electrical/gas meters shall be installed on the side or rear of the buildings and shall be shielded with the landscaping, 8 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for Mr Ron Olszewski, 37161 St. Martins, Mr Ambroziak, 37502 St. Martins, Michael Swansinger, 19545 Newburgh and Mr Lou Santo, 37600 St. Martins, were present at the meeting and spoke to the Council regarding their desire to have a fence along the length of property where the proposed Newbrugh Park Condominiums are to be built on the corner of Pembroke and Newburgh Roads (Petition 00-5-2-21). Mr Kevin Christiansen, representative of Ivanhoe Companies, was present at the meeting to answer questions of the Council On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 542-00 RESOLVED, that having considered a communication from the City Planning Commission, dated June 14, 2000, which transmits its resolution 6-124-2000 adopted on June 13, 2000, with regard to Petition 00-4-8-5 submitted by William Christo, on behalf of All City Refrigeration, 32423 requesting site plan approval in connection with a proposal to construct an addition to the existing industrial building and to expand the parking lot on property located at 32425 Eight Mile Road in the Northwest 1/4 of Section 3, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-4-8-5 is hereby approved and granted, subject to the following conditions 1 That the Site and Landscape Plan titled "Alteration Site Plan," marked Sheet C-2C, dated June 6, 2000, as revised, prepared by William Christo Architect, P C , is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That underground sprinklers are to provided for all new 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, 4 That the Exterior Building Elevation Plan marked Sheet sk-3, dated April 27, 2000, as revised, prepared by William Christo Architect, P C , is hereby approved and shall be adhered to, 5 That the three walls of the trash dumpster areas shall be constructed out of the same building materials used in the construction of the building, and the enclosure gates shall be maintained and, and when not in use, closed at all times, 6 That all light standards shall be shielded form the adjacent property and shall not exceed 20 feet in height; 7 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated May 12, 2000 That all handicap spaces shall be identified and comply with the Michigan Barrier Free code, That the entire parking lot shall be double striped, 8 That the petitioner shall correct to the Fire Department's satisfaction the following site deficiencies as outlined in the correspondence dated May 3, 2000 - 32424 That if the building is to be provided with automatic sprinkler systems, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, That access around the building shall be provided for emergency vehicles with a turning radius up to 45 ft. wall- to-wall and a minimum vertical clearance of 13-1/2 ft; 9 That no signs, either freestanding or wall mounted, are approved with this petition, 10 That the landscape greenbelt along the southerly 25 ft. of the property, as shown on the approved Site and Landscape Plan, stall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, and 11 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for Councilmember Duggan left the podium at 9 01 p m due to a conflict of interest. On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 543-00 RESOLVED, that having considered a communication from the City Planning Commission, dated June 14, 2000, which transmits its resolution 6-120-2000, adopted on June 13, 2000, with regard to Petition 00-5-8-7 submitted by Lakeside Estates Site Condominiums, requesting Master Deed, bylaws and site plan approval in connection with a proposal to construct site condominiums on property located at 34200 Ann Arbor Trail in the Southeast 1/4 of Section 33, 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 00-5-8-7 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 •, . 32425 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, and That the minimum floor area for each one-story dwelling shall not be less than 1,500 sq ft. and not less than 1,800 sq ft. for each two-story dwelling, 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 April 24, 2000, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to, 4 That a fully detailed Landscape Plan for the detention area and the 30 ft. wide easement along Ann Arbor Trail shall be submitted to the Planning Commission and City Council for their review and approval, 5 That an Entrance Marker Application shall be submitted the Planning 'Commission and City Council for their review and approval, and 6 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 Dennis DeLuca, builder of the Lakeside Estates Site Condominiums, thanked the Council members for their support of this project. Councilmember Duggan returned to the podium at 9 02 p m A communication from Hoffert & Associates, P C , on behalf of J C Gibbons Manufacturing, Inc. and Gibbons Realty, L L C , dated June 23, 2000, re withdrawal of request for the establishment of an Industrial Development District, was received and placed on file for the information of the Council (CR 371-00) On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was 32426 CR 544-00 RESOLVED, that having considered a request from David B Marmon, Hoffert & Associates, P C , on behalf of J C Gibbons Manufacturing, Inc and Gibbons Realty, L L C , dated April 24, 2000, proposing the establishment of an Industrial Development District on certain property located in Section 28, being approximately 1 36 acres in size, in the City of Livonia, Michigan, and the Council having conducted a public hearing with regard to this matter on Monday, June 26, 2000, in accordance with the provisions set forth in 1974 PA 198, as amended, and having further considered a communication from Hoffert & Associates, P C , on behalf of J C Gibbons Manufacturing, Inc and Gibbons Realty, L.L.0 , dated June 23, 2000, the Council does hereby determine to take no further action based upon the fact that the request has been withdrawn by the petitioner On a motion by Engebretson, seconded by Duggan, it was CR 545-00 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 402 for the proposed road improvement consisting of 22 foot wide asphalt pavement (approximately 4" thick with a gravel base) with ditches and without curbs for Norfolk Avenue from 150 feet west of Melvin Avenue to Oporto Avenue, and Oporto Avenue from Norfolk Avenue to Morlock Avenue (630 feet), as modified to include a through street, in the Northeast 1/4 of Section 2, 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, June 28, 2000, 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 street improvements to be constructed in Special Assessment District No 402, 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 June 28, 2000, which excludes the Flinchum and Robertson properties, in the amount of $256,812 34 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in 32427 accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No 402 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from December 1, 2000 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 possible The first installment shall be due and payable December 1, 2001, 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, 2000; (5) The first installment shall be spread upon the 2001 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, 2000 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 32428 (6) The City Council having determined to pay no portion of the cost of said improvement within the said district, the City's share of the cost of said improvement shall be in the sum of zero dollars ($00 00) A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Engebretson, Vandersloot, Walsh and Brosnan NAYS Laura The President declared the resolution duly adopted On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 546-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 15, 2000, 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 Sole Construction, Inc , 5940 Commerce Drive, Westland, Michigan 48185, for completing all work required in connection with the Oporto Paving and Utility Extension Project (Contract 00-J) in the total amount of$258,314 00, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, this action is contingent upon approval of the revised special assessment roll for the Oporto Avenue Special Assessment District; FURTHER, the Council does hereby authorize an advance and expenditure in the amount of $187,064 00 for the Oporto Paving from the Unexpended Fund Balance of the Michigan Transportation Fund (Local Road Account) with the provision that the Fund be reimbursed at such time as funds are available from the next Special Assessment Bond Issue, FURTHER, the Council does hereby authorize an advance and expenditure in the amount of$71,250 00 for the Oporto Paving from the Unexpended Fund Balance of the Water and Sewer Fund with the provision that the Fund be reimbursed at such time as funds are available from the next Special Assessment Bond Issue, 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 after the approval of the revised special assessment roll in connection with this project and to do all 32429 On a motion by Engenbretson, seconded by Duggan, and unanimously adopted, it was CR 547-00 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 Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 548-00 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated July 12, 2000, dpprvved for subriiission by the Mayor, with regard to a Telecommunications Permit Application submitted by U S Xchange of Michigan, L.L.0 , requesting approval for access to and ongoing use of the public right-of-ways within the City for a proposed telecommunications system utilizing approximately 6 miles of public right-of-way, as more particularly described in the attachment to the permit application, the Council does hereby designate Wednesday, September 6, 2000, at 7 00 p m as the date and time for conducting a Public Hearing with regard to whether or not to approve such permit application, such Hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Section 12 06 050G of the Livonia Code of Ordinances, as amended On a motion by Engebretson, seconded by Duggan, it was CR 549-00 RESOLVED, that the Council does hereby revise and amend Council Resolution 24-00, which was recorded at the Wayne County Register of Deeds on February 22, 2000, at Liber 31173, pages 633-635, to have the same read as follows RESOLVED, that having considered a communication from the City Assessor, dated November 30, 1999, approved for submission by the Mayor, with regard to a request from Rosemarie Trouteaud, 435 Second Street, South Lyon, Michigan 48178, 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 32430 hereby approve of the proposed division of Tax Item No 46 001 04 0320 000 into two (2) parcels, the legal descriptions of which shall read as follows. PARCEL A: Lot #320, "The Argonne Subdivision" of part of the N E 1/4 of Section 1, T 1 S , R. 9 E , LivoniaTownship, Wayne County, Michigan as recorded L 40, P 5 Plats, W C R. PARCEL B: Lot #321, "The Argonne Subdivision" of part of the N E 1/4 of Section 1, T 1 S , R. 9 E , Livonia Township, Wayne County, Michigan as recorded L. 40, P 5 Plats, W C R. 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Engebretson, Vandersloot, Walsh and Brosnan NAYS Laura The President declared the resolution duly adopted During the audience communication portion of the meeting, City Clerk Joan McCotter advised those residents voting absentee ballots in the August 8, 2000 primary that there can be no splitting of votes in the partisan section of the ballot. On a motion by Duggan, seconded by Engebretson, and unanimously adopted, this 1421st Regular Meeting of the Council of the City of Livonia was adjourned at 9 15 p m , July 19, 2000 CritiAt Joan McCotter, City Clerk