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HomeMy WebLinkAboutCOUNCIL MINUTES 1998-07-06 31076 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 6, 1998, 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 Walsh delivered the invocation Roll was called with the following result: John J Walsh, Val I Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, and Jack Engebretson Absent: Maureen Miller Brosnan (ill) Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; Ann W Tavolacci, Deputy City Clerk, John Fegan, Director of Inspection, Robert J Beckley, Director of Public Works, Mary Rutan, Personnel Director; Michael DeIler, City Librarian, Ronald Reinke, Superintendent of Parks and Recreation, James Inglis, Director of Housing, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. #524-98 RESOLVED, that the minutes of the 1,371st Regular Meeting of the Council of the City of Livonia, held June 22, 1998, are hereby approved as submitted. There was no audience communication at the beginning of the meeting On a motion by Pastor, seconded by Walsh, it was. #525-98 RESOLVED, that having considered a communication from Councilmember John R. Pastor, dated July 2, 1998, the Council does hereby discharge the City Council/Schools Liaison Committee from consideration of Council Resolution 787-97 regarding the subject of the determination of the cost of paving Henry Ruff between Schoolcraft and Five Mile Roads A roll call vote was taken on the foregoing resolution with the following result: 31077 AYES Walsh, Vandersloot, Pastor, Laura, and Engebretson NAYS Duggan. The President declared the resolution adopted. On a motion by Pastor, seconded by Walsh, it was #526-98 RESOLVED, that having discharged the City Council/Schools Liaison Committee from consideration of Council Resolution 787-97 regarding the subject of the determination of the cost of paving Henry Ruff between Schoolcraft and Five Mile Roads, the Council does hereby determine to take no further action with respect to this matter The President relinquished the Chair to the Vice President at 8 10 p m to address this matter A roll call vote was then taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Laura, Engebretson, and Walsh. NAYS Duggan The Vice President declared the resolution adopted The President resumed the Chair at 8 13 p m On a motion by Walsh, seconded by Laura, it was. #527-98 RESOLVED, that having considered a communication from Councilmember Maureen Miller Brosnan, dated June 30, 1998, the Council does hereby discharge the Committee of the Whole from consideration of Council Resolution 513-98 regarding the request from Joe Durso, 15530 Farmington, Livonia, Michigan 48154, who is representing Tonia Aloe, 17921 Fairfield, Livonia, Michigan 48152, for a proposed lot split of Tax Item No 46 013 99 0026 000 into two (2) parcels. Vandersloot left the podium at 8 14 p m. due to a conflict of interest with the petitioner Duggan left the podium at 8 14 p m. due to being a beneficiary of the petitioner A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Laura, and Engebretson. 31078 NAYS None The President declared the resolution adopted On a motion by Walsh, seconded by Laura, it was #528-98 RESOLVED, that having considered a communication from the City Assessor, dated May 19, 1998, approved for submission by the Mayor, with regard to a request from Joe Durso, 15530 Farmington, Livonia, Michigan 48154, who is representing Tonia Aloe, 17921 Fairfield, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46 013 99 0026 000 into two (2) parcels, the legal descriptions of which shall read as follows. PARCEL A. The North 66 78 feet of the South 306 20 feet of the East 1/2 of the East 1/2 of the Northeast 1/4 of Section 4, T 1 S , R. 9 E , except the East 279 00 feet. City of Livonia, Wayne County, Michigan. Subject to easements of record PARCEL B. The East 279 00 feet of the North 66 78 feet of the South 306 20 feet of the East 1/2 of the East 1/2 of the Northeast 1/4 of Section 4, T 1 S , R. 9 E , except the East 60 00 feet. City of Livonia, Wayne County, Michigan Subject to easements of record 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 Walsh, Pastor, Laura, and Engebretson. NAYS None The President declared the resolution adopted Vandersloot and Duggan returned to the podium at 8.15 p m 31079 A communication from the Engineering Division, dated June 30, 1998, re status of the Pines of Winfield Subdivision was received and placed on file for the information of the Council A communication from the Department of Finance, dated June 22, 1998, re forwarding various financial statements of the City of Livonia for the month ending May 31, 1998, was received and placed on file for the information of the Council A communication from the Inspection Department, dated July 2, 1998, re additional information on the request to purchase workstations and chairs was received and placed on file for the information of the Council (Consent Agenda Item #7) A communication from Karen A. Szymula, Director of Legislative Affairs, dated July 1, 1998, re change in date of block party requested by Connie Myler was received and placed on file for the information of the Council (Consent Agenda Item #2) Connie Myler, 16899 Westbrook, requested her block party date be changed to August 29, with a rain date of August 30, 1998 (Consent Agenda Item #2) On a motion by Duggan, seconded by Vandersloot, it was. #529-98 RESOLVED, that having considered a request from Councilmember Brian Duggan, the Council does hereby refer the matter of warm weather attire for Police Officers to the Chief of Police for his report and recommendation #530-98 RESOLVED, that having considered an application from Connie Myler, 16899 Westbrook, dated June 22, 1998, requesting permission to close Westbrook between Mallory Court and Six Mile on Saturday, August 29, 1998, from 2:00 p m. to 10 00 p m. for the purpose of cpnducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 30, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. 31080 #531-98 RESOLVED, that having considered an application from Kelly Stopa, 8862 Stonehouse Avenue, dated June 12, 1998, requesting permission to close Northfield Street, just east of Richfield to dead-end, on Saturday, August 1, 1998, from 2.00 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 Saturday, August 15, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #532-98 RESOLVED, that having considered an application from Phyllis Heavenridge, 9246 Woodring, dated June 11, 1998, requesting permission to close Woodring between Vermont and Oregon, on Saturday, August 22, 1998, from 1 00 p m. to 10.00 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 23, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #533-98 RESOLVED, that having considered an application from Marcella Vance, 15901 Auburndale, dated June 15, 1998, requesting permission to close Auburndale between Five Mile and Myrna on Saturday, August 22, 1998, from 1200. p m to 10.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 23, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #534-98 RESOLVED, that having considered a communication from the Mayor, dated June 11, 1998, the Council does hereby authorize payment to be made to Raymond C Pomerville (d/b/a RCP Consulting, Inc.), 15116 Paderewski, Livonia, Michigan 48154, at the rate of$48 00 per hour for consulting services provided to the City in connection with collective bargaining and Act 312 arbitration proceedings with the City's various employee groups, FURTHER, the Council does hereby authorize a budget adjustment increasing Account No 101-234-818-000 (Labor Relations - Contractual Services) and decreasing the Unexpended General Fund Balance for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with the provisions set forth in Section 3 04 140D2 of the Livonia Code of Ordinances, as amended. #535-98 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated June 19, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of 31081 Facility Matrix, P 0 Box 7310, Bloomfield Hills, Michigan 48302-7302, in the amount of$48,708 17 for providing the Inspection Department with workstations and chairs, the same to be expended from funds already S budgeted for this purpose in Account No 101-371-987-000; FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended - #536-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated June 19, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and a subsequent letter dated June 23, 1998, which request authorization to sell the following City vehicles, such authorization to be through December 1, 1998, with respect to the following vehicles Vehicle Number Description Mileaqe 1 454 1985 Chevy Van 109,012 2 455 1985 Chevy Van 110,651 3 456 1985 Chevy Van 109,043 4 609 1986 Chevy Pickup 134,527 5 226 1987 Chevy Pickup 74,212 1987 Chevy Pickup 6 442 121,893 7 312 1987 Chevy Stake Truck 69,093 8 225 1987 Chevy Pickup 92,570 9 375 1987 Chevy S-10 79,621 10 444 1987 Chevy Pickup 121,343 11 325 1987 Chevy Pickup 115,547 12. 294 1987 Chevy Pickup 94,041 13 555 1989 Buick Century 80,626 14 572 1989 Pontiac 6000 107,650 15. 581 1990 Chevy Cavalier 97,100 16 584 1990 Chevy Cavalier 59,050 17 582 1990 Chevy Cavalier 55,820 18 150 1991 Chevy Cavalier 79,807 19 151 1991 Chevy Cavalier 63,696 20 152 1991 Chevy Cavalier 60,654 21 156 1991 Chevy Cavalier 55,024 22. 558 1991 Chevy Lumina 59,552 23 559 1991 Chevy Lumina 63,964 24 ' 532 1992 ford E350 Bus 72,933 and wherein the aforesaid vehicles would be delivered to Midwest Auto Auction and Service, Inc., 14666 Telegraph Road, Detroit, Michigan 48239, and said vehicles would be sold in accordance with the procedure 31082 detailed in the aforesaid communication, the Council does hereby concur in and approve of the recommended action. A communication from the Office of the City Clerk, dated June 12, 1998, re forwarding Tax Rates for Oakland Schools for 1998 was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 12, 1998, re. forwarding Millage Rates for the Wayne County Regional Educational Service Agency for 1998 was received and placed on file for the information of the Council. A communication from the Office of the City Clerk, dated June 18, 1998, re forwarding Tax Rates for Clarenceville School District for 1998 was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 19, 1998, re. forwarding Tax Rates for Livonia Public Schools for 1998-99 was received and placed on file for the information of the Council #537-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 13, 1998, and a report and recommendation from the Chief of Police, dated June 12, 1998, approved for submission by the Mayor, the Council does hereby approve of the request from Outback/Detroit-I, Limited Partnership (a Florida Limited Partnership) for transfer of ownership of a 1998 Class C licensed business from Outback Steakhouse of Florida, Inc. (a Florida Corporation), Wibel & Associates, Inc. & Robert A. Banish for a business located at 29441 Five Mile Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #538-98 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission and the Program Administrator for Community Development-Housing Commission, dated May 29, 1998, approved for submission by the Mayor, regarding participation in the Michigan State Housing Development Authority's Housing Resources Fund (HRF) for the purpose of providing home improvement loans to low and moderate income residents, the Council does hereby authorize the Housing Commission to submit a Notice of Interest package to the Michigan State Development Authority 31083 for the purpose of obtaining preliminary approval of the City's request for HRF funds. #539-98 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission and the Program Administrator for Community Development-Housing Commission, dated May 29, 1998, approved for submission by the Mayor, to which is attached a proposed Rehabilitation Assistance Program (RAP) Participation Agreement between the City of Livonia and the Michigan State Housing Development Authority, the Council does hereby authorize the Director of the Housing Commission to execute the RAP Participation Agreement in the manner and form herein submitted, as well as a CHIP/RAP Program application form, in order for the Housing Commission to become a participant in the Michigan State Housing Development Authority's Rehabilitation Assistance Program, subject to approval of such documents by the Department of Law #540-98 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated June 17, 1998, 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, 1998, through July 31, 1999, 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 #541-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 12, 1998, which bears the signature of the Director of Finance, is approved by the Director of Public Works, is approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached an agreement between the Michigan Department of Transportation, Wayne County, and the City of Livonia, and an agreement between Wayne County and the City of Livonia for the improvement of Middlebelt Road from Joy Road to Plymouth Road and from 1-96 to Five Mile Road, including the replacement of defective sidewalk and paving the parking area adjacent to the Kingston Terrace Condominiums, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute these agreements in the manner and form herein submitted; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of$889,540 00 from the $12 Million General Obligation Road Bond Issue for the City's estimated share of this project, with the anticipation of a refund of approximately $634,338 00 when Federal funding is approved for the project, and with the provision that the bond issue be reimbursed from the sidewalk construction and paving of the parking area adjacent to the Kingston Terrace Condominiums portion of the project which is to be financed by special or REVISED PAGE - SEE CR #542-98 31084 single lot assessment at such time as funds are received from the payment of bills by affected property owners, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Wayne County Department of Public Services, Division of Engineering #542-98 RESOLVED, that having considered a communication dated June 24, 1998, from F Matthew Ray, Architect, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 23, 1998, by the City Planning Commission in its resolution 6-106-98 adopted on June 23, 1998, with regard to Petition 98-5-8-15 submitted by A.D I Realty, Inc., on behalf of Arbor Drugs, requesting approval of all plans required by Section 18 58 for the construction of a retail store on property located at 29500 Five Mile Road in the Southwest 1/4 of Section 14, the Council does hereby designate Wednesday, September 2, 1998, at 7 00 p m. as the date and time for conducting a public hearing with regard to this matter, 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 Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, and Engebretson NAYS None Laura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 200 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein. Laura 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 Walsh, Vandersloot, Pastor, Duggan, Laura, and Engebretson 31085 NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. A communication from the Department of Law, dated July 1, 1998, re a - proposed amendment to Section 200 of Title 3, Chapter 04 (Financial Procedures) of the Livonia Code of Ordinances, as amended, to increase the mileage rate to 32 5 cents per mile for employee reimbursement was received and placed on file for the information of the Council Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION D OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Laura, seconded by Walsh, and unanimously adopted, it was #543-98 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1998, which transmits its resolution 4-59-98 adopted on April 21, 1998, requesting approval of the Entrance Marker Application and Landscape Plan in connection with Petition 98-2-8-5, submitted by the Parz Group, Inc., in connection with the Parkview Condominium Development on property located at 37931 Plymouth Road in the Southwest 1/4 of Section 30, the Council does hereby concur in the recommendation of the Planning Commission, and the Entrance Marker Application and Landscape Plan in connection with 31086 Petition 98-2-8-5, as modified, is hereby approved and granted, subject to the following conditions 1) That the Landscape Plan prepared by Calvin Hall & Associates, revised on July 2, 1998, 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 be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4) That the decorative picket fencing as shown on the approved plan shall not exceed three (3') feet in height; 5) That the Entrance Marker as shown on the Landscape Plan dated July 2, 1998, is hereby approved and shall be adhered to, and 6) That the brick used in the construction of the Entrance Marker shall be full face four (4") inch brick, no exceptions. The Landscape Plan prepared by Calvin Hall & Associates, revised on July 2, 1998, was received and placed on file for the information of the Council (Petition 98-2-8-5) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #544-98 RESOLVED, that having considered an application from Cynthia Furdero, 9233 Houghton, dated June 12, 1998, requesting permission to close Houghton Street between West Chicago and Joy Road on Saturday, July 25, 1998, from 1200 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. Ona motion by Laura, seconded by Pastor, it was RESOLVED, that having considered a communication from the City Assessor, dated June 12, 1998, approved for submission by the Mayor, with regard to a request from Jim Szkrybalo of ReMax West, 15510 Farmington, Livonia, Michigan 48154, representing Steve 31087 Summers of Twin Valley Corp , 20025 Shadyside, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to postpone this matter until the Regular Meeting scheduled for July 20, 1998 A communication from Jim Szkrybalo, ReMax West, dated July 1, 1998, re proposed revised lot split for the property located at 20220 Parker (modified split into four lots, and a second proposal for three lots) was received and placed on file for the information of the Council A communication from the Engineering Division, dated July 2, 1998, re revised split layout for the property located at 20220 Parker was received and placed on file for the information of the Council A communication from Jim Szkrybalo, ReMax West, dated July 6, 1998, re renovations proposed for the existing structure located at 20220 Parker was received and placed on file for the information of the Council Jim Szkrybalo, ReMax West, informed the Council he was withdrawing his request to divide the property at 20220 Parker into four (4) parcels, and wished them to consider dividing this property into three (3) parcels All three (3) lots would comply with R-3 zoning On a motion by Duggan, seconded by Pastor, it was RESOLVED, that the Council does hereby determine to substitute a resolution in lieu of the foregoing postponement which would approve the requested lot split to be divided into three (3) parcels, conditioned upon the petitioner rehabilitating the present home as outlined in a letter dated July 6,1998 from Jim Szkrybalo of ReMax West. A roll call vote was taken on the motion to substitute with the following result: AYES Walsh, Vandersloot, Pastor, and Duggan NAYS Laura and Engebretson The President declared the motion to substitute adopted. On a motion by Duggan, seconded by Pastor, it was 31088 #545-98 RESOLVED, that having considered a communication from the City Assessor, dated June 12, 1998, approved for submission by the Mayor, with regard to a request from Jim Szkrybalo of ReMax West, 15510 Farmington, Livonia, Michigan 48154, representing Steve Summers of Twin Valley Corp , 20025 Shadyside, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46 009 99 0073 000 into three (3) parcels, the legal descriptions of which shall read as follows. PARCEL A: A parcel of land located in the N E 1/4 of Section 3, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, being further described as follows Commencing at the N E corner of said Section 3, distant S 00°01'09" E. 1322.68 feet along the E line of said Section 3, said line also being the centerline of Merriman Road and S 89°53'24" W 1650 87 feet and N 00°01'51" E 25 00 feet to the true point of beginning, thence S 89°53'24" W , a distance of 80 00 feet along the N right-of-way line of Norfolk Avenue 50' WD, thence N 00°01'51" E., a distance of 140 28 feet; thence N 89°53'18" E , a distance of 80 00 feet; thence S 00°01'51" W , a distance of 140 28 feet to the true point of beginning. Contains 11,222 square feet. Subject to easements and rights-of-way of record, if any PARCEL B: A parcel of land located in the N E 1/4 of Section 3, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, being further described as follows Commencing at the N E. corner of said Section 3, distant S 00°01'09" E 1322 68 feet along the E line of said Section 3, said line also being the centerline of Merriman Road and S 89°53'24" W 1730 87 feet and N 00°01'51" E 25 00 feet to the true point of beginning, thence S 89°53'24" W , a distance of 80 00 feet along the N right-of-way line of Norfolk Avenue 50' WD, thence N 00°01'51" E , a distance of 140 27 feet; thence N 89°53'18" E , a distance of 80 00 feet; thence S 00°01'51" W , a distance of 140 28 feet to the true point of beginning Contains 11,222 square feet. Subject to easements and rights-of-way of record, if any PARCEL C: A parcel of land located in the N E 1/4 of Section 3, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, being further described as follows 31089 Commencing at the N E corner of said Section 3, distant S 00°01'09" E. 1322 68 feet along the E line of said Section 3, said line also being the centerline of Merriman Road and S 89°53'24" W 1810 87 feet and N 00°01'51" E. 25 00 feet to the true point of beginning, thence S 89°53'24" W , a distance of 140 17 feet along the N right-of-way line of Norfolk Avenue 50' WD, thence N 00°02'16" E., a distance of 140 27 feet along the E. right-of-way line of Parker Avenue 60' WD, thence N 89°53'24" E , a distance of 140 15 feet; thence S 00°01'51" W , a distance of 140 27 feet to the true point of beginning Contains 19,660 square feet. Subject to easements and rights-of-way of record, if any as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, this approval is conditioned upon the petitioner rehabilitating the present home as outlined in a letter dated July 6, 1998 from Jim Szkrybalo of ReMax West; 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. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, and Engebretson. NAYS Laura. The President declared the substitute resolution adopted The following individuals from the audience inquired as to the lot sizes and lot layouts with respect to the foregoing matter 1) Tom Herr, 20120 Parker; 2) Merrill Johnson, 20310 Parker; and 3) Joyce Vitez, 20220 Osmus On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #546-98 RESOLVED, that having considered the report and recommendation of the City Engineer, Director of Public Works and the Fire Chief, dated June 19, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby concur with the Municipal Building Authority in accepting the bid of Bedzyk Bros., 31523 W Eight Mile Road, Livonia, Michigan 48152, for completing all work required in connection with the construction of a new fire station at the northwest corner of Seven Mile Road and Bicentennial Drive for the sum of$2,048,000 00, the same having been in fact the lowest bid received for this work; FURTHER, the Council does 31090 hereby concur with the Municipal Building Authority in accepting the proposal submitted by NTH Consultants, Ltd , 38955 Hills Tech Drive, P 0 Box 9173, Farmington Hills, Michigan 48333-9173, to provide testing and quality control assurance on the construction of the new fire station in accordance with the terms of its proposal dated June 12, 1998, in the amount of$13,000 00; FURTHER, the Council does hereby authorize such project testing services without competitive bidding in accordance with the provisions set forth in Section 3 04 140D2 of the Livonia Code of Ordinances, FURTHER, the Council does hereby authorize the listed expenditures from the designated accounts for this purpose as follows. 1998 MBA $1 7 Million Bond (plus related interest $1,750,000 00 earnings) - Fund 458 Unexpended Fund Balance of the Fire Station 346,849 00 Construction Fund No 457 Park Land Improvement Account of Capital 98,151 00 Projects Fund No 401 Unexpended Fund Balance of the Local Road 50,000 00 Account No 203 to be expended from the following accounts MBA Fire Station Construction Fund Account $1,750,000 00 No 458-000-975-000 Fire Station Construction Fund Account 346,849 00 No 457-000-975-000 Capital Projects Fund Account 98,151 00 No 401-000-974-010 for the Comfort Station Local Road Fund Account No 203-463-818-175 50,000 00 for Improvements to Bicentennial Drive and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; FURTHER, the Council does hereby waive all permit and sewer connection fees for the contractors working under this project and hereby authorize the affected City,departments to charge the above-referenced accounts for the sewer connection fees issued, and the Municipal Building Authority is hereby authorized to execute contracts with the aforesaid companies and to do all things necessary or incidental to the full performance of this resolution. 31091 The minutes of the June 25, 1998, Special Meeting of the Municipal Building Authority of Livonia were received and placed on file for the information of the Council A communication from Bedzyk Bros , Inc., dated July 2, 1998, re requesting they be awarded the contract for the construction of the new fire station and comfort station located on the northwest corner of Seven Mile Road and Bicentennial Drive was received and placed on file for the information of the Council A communication from the Public Service Division, dated July 2, 1998, re additional information on the award of the contract for the construction of the new fire station was received and placed on file for the information of the Council On a motion by Laura, seconded by Pastor, it was #547-98 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 10, 1998, approved for submission by the Mayor, submitted pursuant to Council Resolution 330-98, the Council does hereby request that the Department of Law forward a communication to the Livonia Board of Education requesting a meeting to be scheduled at the offices of the Board of Education on a regularly scheduled Monday meeting to address the problem of parking violations in the area of Stevenson High School and requesting the attendance of the Superintendent of Livonia Public Schools, Dianne Nay - President and Joanne Morgan -Vice President of the Board of Education A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Laura, and Engebretson NAYS Vandersloot. The President declared the resolution adopted A communication from the Department of Law, dated June 10, 1998, re administrative response to CR 330-98 - the question of whether fines can be doubled 31092 as a means of discouraging parking violations in the streets adjacent to Stevenson High School -was received and placed on file for the information of the Council On a motion by Duggan, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 10, 1998, approved for submission by the Mayor, submitted pursuant to Council Resolution 330-98, regarding the possibility of doubling fines as a means of discouraging parking violations in the streets adjacent to Stevenson High School, the Council does hereby request that the 16th District Court adjust the schedule of fines for parking violations listed under the category of"All Other Prohibited Parking" from $25 00 ($15 00 if paid within 48 hours) to $50 00 ($30 00 if paid within 48 hours) with respect to parking on streets adjacent to Livonia High Schools; FURTHER, the Council does hereby direct that the Department of Public Works arrange for appropriate signage to be placed on the subject streets notifying potential violators that parking violations may result in a $50 00 fine A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan NAYS Walsh, Vandersloot, Pastor, Laura, and Engebretson. The President declared the resolution denied. On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was #548-98 RESOLVED, that having considered a communication from the City Planning Commission, dated June 11, 1998, which sets forth its resolution 5-95-98, adopted on June 9, 1998, with regard to a request from Debra J Kruz, Harley Ellington Design, dated May 5, 1998, for a one-year extension of the approval of Petition 96-3-8-4 by Harley Ellington Design, on behalf of Botsford General Hospital, in connection with the approval of all plans for a proposal to construct an Oncology Center on property located at 28425 Eight Mile Road in the Northwest 1/4 of Section 1, previously granted in Council Resolution 407-96, adopted on April 24, 1996, and extended for a one-year period in Council Resolution 376-97, adopted on May 14, 1997, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant the requested extension for a one-year period, subject to compliance with all of the conditions set forth in the original site plan approval 31093 On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #549-98 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 11, 1998, 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 gifts in the amount of$48,800 00 from The Friends of the Barn for maintenance and improvement projects made to the Wilson Barn, house and yard from 1995 through June 11, 1998 On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #550-98 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 12, 1998, 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 $300 00 from the editor of the Livonia Observer for use in connection with the Family Safety Jamboree held June 6, 1998 On a motion by Pastor, seconded by Walsh, and unanimously adopted, it was #551-98 RESOLVED, that having considered a communication from the City Librarian, dated June 19, 1998, 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 various gifts, and cash donations in the total amount of$2,120 00, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $420 00 to Account No 702-000- 285-271 and $1,700 00 to Account No 702-000-285-273 for the purposes as designated by the donors. There was no audience communication at the end of the meeting On motion by Duggan, seconded by Laura, and unanimously adopted, this 1,372nd Regular Meeting of the Council of the City of Livonia was adjourned at 9.00 p m , July 6, 1998 J•..n McCo ter, City Clerk 31094 MINUTES OF PUBLIC HEARING ON REZONING On July 8, 1998 the above hearing was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by Councilmember Laura at 7 05 p m Present: Vandersloot, Pastor, Duggan, aura, Brosnan and Engebretson. Absent: Walsh, Pastor*, Brosnan (ill) and Engebretson* *Engebretson arrived at 7 10 p m. *Pastor arrived at 7 39 p m Pursuant to Section 23 06 of Ordinance 543, the Zoning Ordinance, the City Clerk has duly published and mailed notices fifteen (15) days prior to the hearing date to those persons in the area affected by the proposed change and all other requirements of Ordinance No 543, the Zoning Ordinance, have been fulfilled. The President stated that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan 1921, as amended, the City Zoning Act (MSA Section 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 of the City of Livonia is holding a public hearing relative to rezoning requests. Petition 98-3-1-4 by the City Planning Commission, requesting to rezone property located on the east side of Harrison Avenue between Seven Mile Road and Pickford Avenue, Lots 40 to 51 inclusive, in Dohany Subdivision in the N E. 1/4 of Section 12 from RUF to R-1 (Rural Urban Farm - 1/2 Acre Lots to One Family Residential - 60' x 120' Lots) Petition 98-3-1 5 by GNI Development, Inc. and the Disabled American Veterans Chapter#114, requesting to rezone property located on the east side of Newburgh Road in the S w 1/4 of Section 32 from P to C-1 (Parking to Local Business) Petition 98-3-1-6 by Leo Soave requesting to rezone property located on the west side of Farmington Road in the N E 1/4 of Section 4 from RUFA to R-3 (Rural Urban Farm - 1/2 Acre Lots to One Family Residential - 80' x 120) 31095 There were approximately 35 persons present on these petitions Questions and comments from interested persons were given due consideration by the Council, a transcript of which is on file in the office of the City Clerk. The Public Hearing was adjourned at 8 02 p m , July 8, 1998 /// / /J 1/. JOAN VIcCOTTER, CITY C -K