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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-01-14 34461 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FOURTH REGULAR MEETING OF JANUARY 14, 2004 On January 14, 2004, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Council Vice-President Meakin delivered the invocation Roll was called with the following result: Brian Meakin, Frank J Kokenakes, Linda Dolan, Thomas Robinson, Donald Knapp and Gerald Taylor Elected and appointed officials present: Jack Engebretson, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk and Karen Szymula, Director of Legislative Affairs On a motion by Knapp, seconded by Dolan, it was CR 01-04 RESOLVED, that the minutes of the 1,503rd Regular Meeting of the Council held December 17, 2003 are hereby approved as submitted AYES Dolan, Knapp and Taylor NAYS None PRESENT Meakin, Kokenakes and Robinson During the audience communication portion of the agenda, Thomas Bjorklund, 14481 Fairway, Livonia, 48154, spoke of his concerns of informing citizens of the coyotes that are living in Livonia On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 02-04 RESOLVED, that the Council does hereby determine that the subject matter regarding a message to the citizens of Livonia about coyotes in Livonia be referred to the Administration for a report and recommendation Mayor Engebretson informed everyone that the City is operating at a Level II snow emergency, and that the City crews have been plowing the streets since the morning hours Regular Meeting of January 14, 2004 34462 The Annual Report for the Fiscal Year 2002-2003 from the Office of the Mayor, received on December 23, 2003, re reflecting activities of the Livonia City Departments, Commissions and Boards, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Dolan, it was CR 03-04 RESOLVED, that having considered the letters from the President of the Livonia Anniversary Committee, Inc , dated November 25, 2003 and January 6, 2004, respectively, requesting approval of the following items 1 The issuance of a permit to Wade Shows to conduct carnival amusement rides at Henry Ford Field and Veterans' Park, as part of this year's SPREE-54 Celebration, on June 22, 23 and 24, 2004, from 2 00 p m to midnight and on June 25, 26, and 27, 2004, from 12 00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc being identified as additional insured on Wade Shows' general liability insurance policy; 2 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, June 27, 2004, at 10 15 p m , which display will be fired by American Fireworks, Inc , subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc., being designated as additional insured on their policy; 3 Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Henry Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Hockey Association and the City of Livonia) and Veterans' Park during the period of the SPREE-54 celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia, and 4 A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups authorized to participate in SPREE-54 by the Anniversary Committee, Regular Meeting of January 14, 2004 34463 the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution CR 04-04 RESOLVED, that having considered the letters from the President of the Livonia Anniversary Committee, Inc , dated November 25, 2003 and January 6, 2004, respectively, wherein it is requested that the following City streets be closed to through traffic from 8.00 a m on June 21, 2004, through 12.00 noon on June 28, 2004 (Monday through Monday) Stark Road from the Family Y, 14255 Stark to Lyndon Lyndon from Farmington Road to Stark Road Stamford from Schoolcraft North to the dead end Perth from Schoolcraft North to the dead end the Council does hereby concur in and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby request that Farmington Road be closed from Five Mile Road to Schoolcraft Road on Sunday, June 27, 2004, between the hours of 8 30 p m and 11 30 p m or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. Wes McKee is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2004 Anniversary Celebration, including signs on the barricades indicating "local business and residents only" CR 05-04 RESOLVED, that having considered the letters from the President of the Livonia Anniversary Committee, Inc., dated November 25, 2003 and January 6, 2004, respectively, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc., for permission to display banners advertising Spree-54 on Farmington Road and Five Mile Road from May 29, 2004 through July 1, 2004, and to display 4' x 8' signs at City Hall and Ford Field from May 29, 2004 through July 1, 2004, at no additional cost to Spree, FURTHER, the Council does hereby permit the Livonia Anniversary Committee, Inc. to acknowledge supporters with banners and signage not to exceed 3' x 5' in size on Ford Field and the ball diamonds only from June 21, 2004 to June 28, 2004, and the City Clerk and all other appropriate City officials and agencies are Regular Meeting of January 14, 2004 34464 hereby requested to do all things necessary or incidental to the full performance of this resolution CR 06-04 RESOLVED, that having considered a communication from the City Assessor, dated December 17, 2003, approved for submission by the Mayor, with regard to a request from Lemoyne Rost II, 30461 Five Mile, Livonia, Michigan 48154, 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 46-089-01-0008-000 into three parcels, the legal descriptions of which shall read as follows A land situated in the City of Livonia, Wayne County, State of Michigan, described as Lot 8 of B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, Township 1 South, Range 9 East, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records A land situated in the City of Livonia, Wayne County, State of Michigan, described as Lot 9 of B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, Township 1 South, Range 9 East, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records A land situated in the City of Livonia, Wayne County, State of Michigan, described as. Lot 10 of B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, Township 1 South, Range 9 East, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records 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 CR 07-04 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 11, 2003, and the report and recommendation of the Chief of Police, dated December 16, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from Szechuan Empire Livonia, for transfer of ownership of a 2001 Class C License (in escrow) from Newburgh Plaza, L.L.0 , for a business located at 37273 W Six Mile Road, Livonia, Michigan 48152, Wayne County; and further approves the request for a Regular Meeting of January 14, 2004 34465 New Official Permit (Food), and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission 1 1 CR 08-04 RESOLVED, that having considered a communication from the City Assessor, dated December 2, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct public hearings in 2004, which public hearings are to be conducted in the Conference Room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 FIRST SESSION Tuesday March 2, 2004 Organizational Meeting 1 30 p m - 4 30 p m Friday March 5, 2004 9-00 a.m. - 12 00 p m 1 30 p m - 4 30 p m Saturday March 6, 2004 9-00 a m - 100 p m. SECOND SESSION Monday March 8, 2004 1 00 p m - 4 00 p m. 6-00 p m - 9 00 p m Tuesday March 9, 2004 9 00 a m - 12-00 p m 1 30 p m - 4 30 p m FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E V ) for the year 2004 CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Residential 50 00 1 0000 Personal 50 00 1 0000 A communication from the Office of the City Clerk, dated December 8, 2003, to which is attached a communication from the Board of Education, re collection of the Livonia Public Schools School District's taxes for the year 2004, with one-half Regular Meeting of January 14, 2004 34466 being collected with the summer tax and the remaining one-half being collected with the winter tax, was received and placed on file for the information of the Council CR 09-04 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated December 11, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize purchases from East Jordan Iron Works, 13001 Northend Avenue, Oak Park, Michigan 48237, for stormwater, water main and sanitary manhole related items not to exceed $60,000 00 annually; FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D 4 of the Livonia Code of Ordinances, as amended CR 10-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 12, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the extension of the contract with J H Hart Urban Forestry, P 0 Box 222, Birmingham, Michigan 48012, (previously approved in Council Resolution 751-01) for providing the Public Service Division with wood processing and disposal services for the period January 1, 2004 through December 31, 2005, at the unit price of $5.20 per cubic yard for processing bulk brush into wood chips and $ 83 per cubic yard for loading and trucking wood chips (pursuant to the unit prices bid in their proposal dated October 29, 2001) for the estimated total cost of $42,820 00, based upon the Public Service 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, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, 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 company and to do all things necessary or incidental to the full performance of this resolution CR 11-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 12, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with the contract extension with J H Hart Urban Forestry for wood processing and disposal services, the Council does hereby refer the subject of using wood chips as compost to the Water, Sewer and Waste Committee for its report and recommendation Regular Meeting of January 14, 2004 34467 CR 12-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 24, 2003, which bears the signature of the Director of Finance, is approved by the Director of Public Works, is approved as to the form by the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and the Michigan Department of Transportation for the resurfacing of Stark Road from Plymouth Road to Hines Drive, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $54,900 00 from funds already budgeted in Account No 202-463-818-125 (Major Road Fund) which represents the City's share (19 67% of the total cost of $279,100 00) for this purpose, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation CR 13-04 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 2, 2004, and is approved for submission by the Mayor, the Council does hereby accept the proposal and authorize the retaining of Cummings, McClorey, Davis and Acho, 33900 Schoolcraft Road, Livonia, Michigan 48150, for providing legal services required to assist the City in the defense of a lawsuit regarding cable television franchise fees for a sum not to exceed $10,000 00; FURTHER, the Council does hereby appropriate and authorize an expenditure of a sum not to exceed $10,000 00 from Account No 297-751-818-005 already budgeted for this purpose, and the Mayor and City Clerk are hereby authorized to execute any retainer agreement, for and on behalf of the City of Livonia, which may be necessary with the aforesaid firm and 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 Meakin, Kokenakes, Dolan, Robinson, Knapp and Taylor NAYS None An organizational chart, listing the following Chairpersons and members of the various Council Committees for the years 2004-2005 was received and placed on file for the information of the Council Regular Meeting of January 14, 2004 34468 President of the Council Gerald D Taylor Vice President of the Council Brian Meakin Committee of the Whole Gerald D. Taylor 4r• Chairman All Councilmembers Capital Improvement Committee- Chairman Frank Kokenakes Linda Dolan Finance, Insurance and Budget Committee Brian Meakin Chairman Don Knapp Thomas Robinson Legislative CommitteeDon Knapp Chairman Brian Meakin Livonia City Council/Schools Liaison Committee. Frank Kokenakes Chairman Li Linda Dolan Don Knapp Streets, Roads, & Plats Committee- Linda Dolan Chairman Thomas Robinson Brian Meakin Water, Sewer and Waste Committee. Thomas Robinson Chairman Frank Kokenakes On a motion by Knapp, seconded by Meakin and unanimously adopted, it was CR 14-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 5, 2004, the Council does hereby designate Brian Meakin as the City's delegate to the Southeast Michigan Council of Governments and does hereby designate Don Knapp as the City's alternate on a continuing basis, or until further order of this Council by Council resolution Regular Meeting of January 14, 2004 34469 On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was. tier' CR 15-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 5, 2004, the Council does hereby designate Thomas Robinson to serve as the Council Representative on the Board of Directors of the Livonia Anniversary Committee (SPREE) on a continuing basis, or until further order of this Council by Council resolution On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 16-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 5, 2004, with regard to the Annual Meeting of the Michigan Municipal Risk Management Authority, the Council does hereby determine to designate the Director of Finance, Michael T Slater, as the Official Representative and Voting Representative of the City of Livonia, and does further designate Frank Kokenakes as the alternate on a continuing basis, or until further order of this Council by Council resolution On a motion by Kokenakes, seconded by Dolan, and unanimously adopted, it was CR 17-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 5, 2004, the Council does hereby designate Brian Meakin as Parliamentarian of the City Council on a continuing basis, or until further order of this Council by Council resolution On a motion by Robinson, seconded by Dolan, and unanimously adopted, it was CR 18-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 5, 2004, the Council does hereby determine to designate Don Knapp to serve on the Board of Trustees of the Livonia Employees Retirement System on a continuing basis, or until further order of this Council by Council resolution On a motion by Dolan, seconded by Meakin, and unanimously adopted, it Regular Meeting of January 14, 2004 34470 was CR 19-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 5, 2004, the Council does hereby repeal and rescind Council Resolution 33-02 due to the fact that the Board of Directors of the Livonia Economic Development partnership is no longer in existence Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 21 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 2003-09-01-17) 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. The petitioner, Jim Barnas, was present at the meeting and spoke to the Council about the rezoning petition Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2003-08-03-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Kokenakes, Dolan, Robinson, Knapp and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Meakin, seconded by Dolan, it was. Regular Meeting of January 14, 2004 34471 CR 20-04 RESOLVED, that having considered a communication from the City Assessor, dated December 17, 2003, approved for submission by the Mayor, with regard to a request from Sam Baki, 19321 Newburgh, Livonia, Michigan 48152, on behalf of Abel Bou Hamdan, 30425 Hoy, Livonia, Michigan 48154 and Tina Culver, 30407 Hoy, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed combination and division of Tax Item Nos 46-089-01-0038-000 and 46-089-01-0039-000 into five parcels, the legal descriptions of which shall read as follows PARCEL 1 The North 290 feet of Lot 39 B E TAYLOR'S GREEN ACRES being a subdivision of part of the North 1/2 of Section 23, T 1 S , R9E., Livonia Twp (now City of Livonia) Wayne County, Michigan, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records Contains 21,984 square feet or 0 504 acres more or less PARCEL 2 The North 290 feet of Lot 38 B E. TAYLOR'S GREEN ACRES, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R9E , Livonia Twp (now City of Livonia). Wayne County, Michigan, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records Contains 21,745 square feet or 0 499 acres more or less PARCEL3 Part of Lots 38 and 39; B E TAYLOR'S GREEN ACRES being a subdivision of part of the North 1/2 of Section 23, T 1 S , R.9 E , Livonia Twp (now City of Livonia) Wayne County, Michigan, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records. Being more particularly described as Commencing at the northeast corner of said lot 39, thence S00° 19'15" E 290 03 feet along the east line of said lot 39 to the point of Beginning, thence continuing along said east line S00°191 5" E 107 90 feet; thence S89°17'55" W 152.22 feet to a point on the west line of said lot 38, thence North along said west line 106 72 feet; thence N88°51'01" E 151 62 feet to the point of beginning Contains 16,300 square feet or 0 374 acres more or less PARCEL 4 Part of Lots 38 and 39, B E TAYLOR'S GREEN ACRES being a subdivision of part of the North 1/2 of Section 23, T 1 S , R.9 E , Livonia Twp (now City of Livonia). Wayne County, Michigan, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records Being more particularly described as. Commencing at the northeast corner of said lot 39; thence S00° 19'15" E 397 93 feet along the east line of said lot 39 to the point of Beginning; thence continuing along said east line S00°19'15" E. 107 90 Regular Meeting of January 14, 2004 34472 feet; thence S89°44'35" W 152 82 feet to a point on the west line of said lot 38, thence North along said west line 106 72 feet; thence N89°17'55" E 152.22 feet to the point of Beginning Contains 16,366 square feet or 0 375 acres more or less PARCEL 5 Part of Lots 38 and 39, B E TAYLOR'S GREEN ACRES being a subdivision of part of the North 1/2 of Section 23, T 1 S , R.9 E., Livonia Twp (now City of Livonia) Wayne County, Michigan, as recorded in Liber 69 of Plats, Page 75 of Wayne County Records Being more particularly described as Commencing at the northeast corner of said lot 39, thence S00° 19'15" E 505 83 feet along the east line of said lot 39 to the point of Beginning, thence continuing along said east line S00°19'15" E 107 91 feet to the southeast corner of said lot 39; thence N89°48'40" W 153 42 feet along the south line of said lots 39 and38 to the southwest corner of said lot 38, then North 106 72 feet along the west line of said lot 38, thence N89°44'35" E 152 82 feet to the point of Beginning Contains 16,431 square feet or 0 377 acres more or less. 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 Meakin, Kokenakes, Dolan, Knapp and Taylor NAYS Robinson The President declared the resolution duly adopted Robert Pollack, 30505 Hoy, Livonia, 48154, submitted a brochure outlining B E Taylor's Green Acres Subdivision to the Council On a motion by Dolan, seconded by Meakin, and unanimously adopted, it was CR 21-04 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 5, 2004, approved for submission by the Mayor, and having further considered the report and recommendation of the Committee of the Whole, dated Regular Meeting of January 14, 2004 34473 December 9, 2003, submitted pursuant to Council Resolution 567-02 with regard to fee increases from various departments, and the report and recommendation of the City Clerk, dated December 1, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby establish a fee of $15 00 for the first certified copy of a birth or death certificate and $5 00 for each additional certified copy when purchased at the same time, and any prior resolutions are hereby repealed to the extent necessary to be consistent herewith On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 22-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 29, 2003, which sets forth its resolution 10-153-2003, adopted on October 28, 2003, with regard to Petition 2003-09-01-16, submitted by John Elieff, for a change of zoning of property located on the north side of Seven Mile Road between Mayfield and Shadyside Avenues in the Southwest 1/4 of Section 3 from C-1 to C- 2, and the Council having conducted a public hearing with regard to this matter on December 10, 2003, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-09-01-16 is hereby denied for the following reasons 1 That this general area in the vicinity of the Seven Mile Road and Farmington Road intersection contains sufficient C-2 zoned lands to serve the needs of the area, 2 That the petitioner has failed to adequately demonstrate a need in this area for additional commercial uses such as are permitted by the C-2 district; 3 That the uses permitted in the existing C-1 zoning district as well as the several waiver uses are sufficient to serve the area, 4 That the proposed change of zoning would tend to encourage future requests for similar zoning changes along Seven Mile Road in this area, 5 That the proposed zoning district would tend to attract uses which are incompatible to and not in harmony with surrounding land uses in the area, and 6 That the subject property is located so as to provide commercial services principally to the surrounding neighborhood in accordance with the intent of the C-1 zoning district. Regular Meeting of January 14, 2004 34474 On a motion by Dolan, seconded by Knapp, and unanimously adopted, it was CR 23-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 29, 2003, which sets forth its resolution 10-155-2003, adopted on October 28, 2003, with regard to Petition 2003-09-01-18, submitted by Christopher McGrath, on behalf of Newburgh Properties, LLC, for a change of zoning of property located at 19025 Newburgh Road, on the west side of Newburgh Road between Seven Mile Road and Kingsburn Drive in the Northeast 1/4 of Section 7, from OS to C-1, and the Council having conducted a public hearing with regard to this matter on December 10, 2003, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-09-01-18 is hereby denied for the following reasons 1 That the proposed change of zoning is contrary to the Future Land Use plan designation of Office, 2 ' That this general area in the vicinity of the Seven Mile Road and Newburgh Road intersection is currently well served with a variety of commercial uses, 3 There is no demonstrated need for additional commercial zoning in this section of the City; and 4 The proposed change of zoning would provide for uses that are not needed in this area On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 24-04 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 17, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $40,000 00 from the Friends for the Development of Greenmead, the same to be deposited in and credited to Account No 723-000-690-010 (Trust Account), to be used for restoration work at the Alexander Blue House On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was Regular Meeting of January 14, 2004 34475 CR 25-04 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 17, 2003, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a donation of an ironstone dinner service for 125, including glassware and flatware, from the children of Robert and Janet Bennett (Andrea and Chas Sullivan, Lindsay Bennett and Roger Spence, Robert W Bennett and Joelle Sherman, and Joanna and Nigel Travis), as a gift in their honor, for use at the Alexander Blue House On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 26-04 RESOLVED, that having considered a communication from the Department of Law, dated December 10, 2003, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement in connection with the development of the Shay Estates Cluster Homes located on the south side of Seven Mile Road, east of Parklane Drive in the Northeast 1/4 of Section 8, more particularly described as Grant of Easement dated November 12, 2001, executed by Mark Mollon and Joan Mollon, his wife, to the City of Livonia for. A 12 foot wide Sanitary Sewer Easement The center line of a twelve foot (12') wide easement for sanitary sewer being described as Commencing at the North 1/4 corner of Section 8, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, thence N 89°44'10" E along north line of said Section 8, 920 50 ft., thence S 00°09'44" E along the east line of Beatrice Gardens Subdivision (recorded in Liber 88, Page 22, Wayne County Records) 320 80 ft., thence continuing S 00°09'44" E 92 60 ft., thence N 89°44'10" E, 35 00 ft., to the point of beginning, thence S 84°31'40" E, 103 50 ft. to the point of ending the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution Regular Meeting of January 14, 2004 34476 On a motion by Dolan, seconded by Knapp, and unanimously adopted, this 1,504th Regular Meeting of the Council of the City of Livonia was adjourned at 8 30 p m , January 14, 2004 Val Vandersloot, City Clerk