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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-10-30 29837 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND THIRTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 30, 1996, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Duggan delivered the invocation Roll was called with the following result: Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor, and Joe Laura. Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Finance Director; Ronald Reinke, Superintendent of Parks and Recreation, Linda McCann, Director of Community Resources, and Kevin Roney, Public Utility Manager On a motion by McGee, seconded by Duggan, and unanimously adopted, it was #996-96 RESOLVED, that the minutes of the 1,330th Regular Meeting of the Council of the City of Livonia, held October 16, 1996, are hereby approved as submitted. No one from the audience spoke during audience communication. Councilmember Taylor indicated he had received a letter from Eugene Roszko, 20151 Deering, which stated the road at Long and Angling near Eight Mile and Grand River is in need of repair, and also that there is a vision problem at the corner of Seven Mile and Deering. 29838 On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #997-96 RESOLVED, that having considered a letter from Eugene Roszko, 20151 Deering, Livonia, MI, indicating that the road at Long and Angling near Eight Mile and Grand River is in need of repair, and that there is also a vision problem at the corner of Seven Mile and Deering due to vehicular parking and a large rock, the Council does hereby refer this matter to the Public Service Division for its report and recommendation On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #998-96 RESOLVED, that the Council does hereby refer to the Inspection and Planning Departments for their respective reports and recommendations the matter of the fence located between the new McDonald's located at Five Mile and Middlebelt Roads and Cambridge Underwriters Ltd On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #999-96 RESOLVED, that the Council does hereby refer to the Mayor for his report and recommendation the subject matter of the Grand Rapids' Police Senior Volunteer Program Councilmember Feenstra announced that the Kiwanis Early Risers is having a children's book drive for children in "Head Start," which books are to be dropped off at Senate Coney Island on Plymouth Road at any time He also announced that his daughter, Jeni, was born on November 1 (All Saints' Day), and wished her a happy birthday On a motion by Feenstra, seconded by Duggan, it was #1000-96 RESOLVED, that having considered a letter from Joyce Arnold Doyle, representing the YMCA Livonia Family Branch, dated October 10, 1996, which requests permission to display two 6 ft. by 3 ft. limo signs announcing the Mulberry Holiday Market Craft Show to be held on Saturday, November 2, 1996, and which will be displayed at the intersection of Farmington and Lyndon Roads and the intersection of 29839 Stark and Schoolcraft Roads from October 31 through November 2, 1996, the Council does hereby grant and approve this request in the manner and form herein submitted #1001-96 RESOLVED, that having considered a communication from the Mayor, dated October 8, 1996, with regard to the reappointment of Linda Genik, 16916 Canterbury, Livonia, Michigan 48154, to serve as a representative of the City of Livonia on the Community Commission on Drug Abuse for a term which will expire October 7, 1999, the Council does hereby approve and concur in said reappointment. #1002-96 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated October 11, 1996, the Council does hereby authorize an extension of the City's current agreement with Mr Andrew J Ferkovich and Mr Walter Smerecki, A & W Collections, 45390 Stonehedge, Plymouth, Michigan 48170, for collection of personal property taxes, with the understanding that the Treasurer's Office shall send one additional notice to the taxpayer prior to turning over the collection of such taxes to A & W Collections, the cost of which service is to be taken from 1% per month interest and 4% collection fees and which agreement would be for the period December 1, 1996, through November 30, 1998, and will be subject to cancellation by either party upon giving sixty (60) days notice and which agreement is herein made subject to approval as to form by the Department of Law; and the Mayor and City Clerk are hereby authorized to execute such agreement, as revised, for and on behalf of the City of Livonia with the aforesaid company; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended #1003-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 30, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the sale of surplus hockey boards and glass to the Greater Lansing Amateur Hockey Association, P 0 Box 1238, East Lansing, Michigan 48826, for the amount of $11,000 00, such proceeds to be deposited to the Capital Improvement Fund (401) and appropriated for continued improvements to the City's ice arenas #1004-96 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and Director of Public Works, dated October 14, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and the attached Change Order No 1 (Final), the Council does hereby authorize final payment ment in the amount of $21,876 91 (Application No 6) to Norstar Construction, Inc., 3750 Collins Road, Oakland, Michigan 48363, which sum includes the full and complete balance to cover the cost of the 29840 renovation of the Public Service Division building, which work was authorized in Council Resolution 182-95, adopted on March 22, 1995, and the Council does hereby appropriate and authorize the expenditure of the additional sum of $21,876 91 from the following accounts for this purpose Water and Sewer $5 Million Bond Issue $12,706 11 Refuse Fund Unexpended Fund Balance (Fund 205) $ 6,777 47 Capital Projects Unexpended Fund Balance (Fund 401) $ 2,393 33 #1005-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 11, 1996, and the report and recommendation of the Chief of Police, dated October 3, 1996, approved for submission by the Mayor, the Council does hereby approve of the request from Brinker Restaurant Corporation (a Delaware Corporation) for transfer of ownership of a 1996 Class C licensed business from Brinker Michigan, Inc. for a business located at 39300 Seven 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 #1006-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 18, 1996, and the report and recommendation of the Chief of Police, dated October 3, 1996, approved for submission by the Mayor, the Council does hereby approve of the request from Innovative Restaurant Concepts, Inc., for transfer of ownership of a 1996 Class C license with Sunday Sales and Official Permit (Food) from Bob Evans Farms, Inc. (an Ohio Corporation) for a business located at 19265 Victor Parkway, 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 A communication from the Division of Police, dated September 30, 1996, re administrative response to CR 777-96 - vehicular parking on public right-of-ways adjacent to the travel portion of major thoroughfares - was received and placed on file for the information of the Council #1007-96 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated October 2, 1996, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby approve of the attached grant classifications and compensation plan for staff employment for the Fiscal Year 1997 through the Department of Community Resources for the period October 1, 1996 through September 30, 1997, with the only benefit provided being holiday pay after the completion of 480 hours 29841 #1008-96 RESOLVED, that having considered a communication from the Director of Community Resources and the Director of Public Works, dated October 2, 1996, approved by the City Attorney and approved for submission by the Mayor, to which is attached a proposed contract for caretaking services at the Historical Village at Greenmead between the City of Livonia and Gregg Mabey, the term of which is August 18, 1996, through August 17, 1997, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the contract, as well as to do all other things necessary or incidental to the full performance of this resolution #1009-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 10, 1996, approved by the Finance Director and approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia and the Wayne County Office of Nutrition Services for the distribution of U S D A. commodities to low income residents, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all things necessary or incidental to the full performance of this resolution #1010-96 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated October 10, 1996, approved by the City Attorney and the Finance Director, and approved for submission by the Mayor, and to which is attached a User- Side Subsidy/Specialized Transportation Services Agreement to Provide Specialized Transportation Service for Non-Transferable Handicapped Persons in Northwest Wayne County, Farmington and Farmington Hills, between the City of Livonia and Northwest Transport Co , 31376 Industrial Road, Livonia, Michigan 48150, for the period October 1, 1996, through September 30, 1997, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement as well as to execute an agreement with SMART for support of this Specialized Services (Lift-Equipped) Transportation Program, provided that the agreement is approved as to form by the Department of Law #1011-96 RESOLVED, that having considered a communication from the Department of Law, dated September 24, 1996, which bears the signature of the Finance Director, is approved by the City Engineer and is approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire two 60 foot strips of property, aggregating 464 49 feet in length, owned by Galilean Baptist Church, which land is more particularly described as follows 29842 The North 60 feet of the following described parcels Parcel I The North 3/4 of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 12, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, except the West 30 feet thereof and also except the South 525 feet thereof (Tax Item No 046-99-0031-000) Parcel II That part of the Northwest 1/4 of Section 12, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the north line of said Section distant East, 1809 39 feet from the Northwest corner of Section 12 and proceeding thence South 153 00 feet; thence East 164 49 feet; thence Northerly 153 00 feet to the North line of Section 12, thence West along said line 164 49 feet to the point of beginning subject to the following conditions 1 That the aggregate purchase price shall be in the sum of $12,541 23, 2 That the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in the sum not to exceed $458 77, and 3 That the City's portion of the prorated City, County, County Drain, School and Community College taxes and any other taxes or assessments shall be in a sum not to exceed $500 00 BE IT FURTHER RESOLVED, that a sum not to exceed $13,500 00 is hereby authorized to be expended from the $12 Million General Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Department of Law, dated October 3, 1996, re administrative response to CR 695-95 and CR 582-96 - maintenance of landscaped berms - extent of responsibility of homeowner associations, appropriate penalty clause and possibility of removing berms along Six Mile Road where homeowners fail to 29843 properly maintain same - was received and placed on file for the information of the Council #1012-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 3, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolutions 695-95 and 582-96, regarding the subject of the maintenance of landscaped berms - extent of responsibility of homeowner associations, appropriate penalty clause and possibility of removing berms along Six Mile Road where homeowners fail to properly maintain same, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation A communication from the Department of Law, dated October 2, 1996, re administrative response to CR 321-96 - incompatibility of the offices of City Councilmember and member of the Zoning Board of Appeals - was received and placed on file for the information of the Council A communication from the Department of Law, dated September 30, 1996, re administrative response to CR 346-96 - City-owned property located south of Plymouth Road and north of Joy Road at 9811 and 9817 Newburgh Road -was received and placed on file for the information of the Council #1013-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 30, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 346-96, and a letter from Robert J Stremich, 7675 Hix Road, Westland, Michigan 48185, dated March 21, 1996, requesting to purchase certain City-owned property located at 9811 and 9817 Newburgh, Lot No 3 (121-01-0004-000) and Lot No 4 (121-01-0003-000) of Horton's Subdivision, the Council does hereby determine to take no further action with respect to this request. #1014-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 30, 1996, approved for submission by the Mayor, with respect to the proposed sale of City-owned property, the Council does hereby request that, in accordance with Council Resolution 300-88, the City-owned property located at 9811 and 9817 Newburgh (Tax Item Nos 121-01-0004-000 and 121-01-0003-000) be posted with a "For Sale" sign for 30 days prior to taking bids, and that the Director of Finance prepare specifications and 29844 obtain competitive bids with a minimum purchase price of $63,000 00 accompanied by a deposit in the form of a money order or certified check which is equal to five percent of the bid price or $500 00, whichever is greater, and in the event of a default, the deposit is subject to forfeiture or liquidated damages, and all competitive bids shall thereafter be submitted to the Council for consideration #1015-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 27, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 822-96, regarding the City of Southfield's enforcement of handicapped parking violations, the Council does hereby refer the subject of possibly obtaining the consent of the Police union to implement a similar practice in Livonia to the Mayor for his report and recommendation #1016-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 14, 1996, which bears the signature of the Finance Director, is approved by the Director of Community Resources and is approved for submission by the Mayor, the Council does hereby accept the quoted price of Unicorn Developers & Engineering, Inc., 42114 Garfield Road, Clinton Township, Michigan Imp 48038, in the amount of $24,350 00 for completing all work required in connection with the Newburgh Cemetery Fence Renovation Project; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $24,350 00 from the following accounts for this purpose 401-000-974-000 $ 4,000 00 Carry over Monies 101-737-931-210 2,000 00 1996 Budget 723-000-976-000 16,495 00 1996 Hist. Comm Trust 101-737-976-220 1,855.00 1997 Budget $24,350 00 and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; 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 #1017-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 9, 1996, which bears the signature of the Finance Director, is approved by the Director of Community Resources and is approved for submission by the Mayor, the Council does hereby accept the bid of Unicorn Developers & Engineering, Inc., 42114 Garfield Road, Clinton Township, Michigan 48038, for completing all work required in connection with the restoration of the farmhand's house at Greenmead (Contract 96-Q) for the sum of 29845 $172,190 00, the same having been in fact the lowest and only bid received for this item, FURTHER, the Council does hereby accept the proposal submitted by Robert K. Seymour, Architect, 9210 Pontiac Trail, South Lyon, Michigan 48178-9602, to provide oversite of the construction project in the amount of $3,000 00, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $175,190 00 from the following accounts for this purpose 401-000-931-000 $ 3,750 00 Carry over Monies 101-737-976-220 48,792 00 1996 Budget 723-000-976-000 119,648 00 Hist. Commission Trust 702-285-135 3,000.00 Special Historical Trust $175,190 00 and the City Engineer 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 #1018-96 RESOLVED, that having considered a communication from the Planning Director, dated October 10, 1996, to which is attached the Capital Improvement Program 1997-2002, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation #1019-96 RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1996, which transmits its resolution 10-186-96 adopted on October 1, 1996, with regard to the Subdivision Entrance Marker and Landscape Greenbelt intended for the Lakeside Estates Subdivision located on the north side of Ann Arbor Trail between Stark Road and Farmington Road in the Southeast 1/4 of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and the Subdivision Entrance Marker and Landscape Greenbelt are hereby approved and granted, subject to the following conditions 1 That the Landscape Plan dated September 7, 1996, submitted by Leo Soave, is hereby approved and shall be adhered to, and 2 That the Sign Plan for the subdivision entrance marker dated September 5, 1996, submitted by Leo Soave, is hereby approved and shall be adhered to #1020-96 RESOLVED, that having considered a communication from the Council President, dated October 10, 1996, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 1997, through December 31, 1997, the Council does hereby 29846 approve the following dates for City Council meetings for 1997, subject to change with notice Study Meetings Regular Meetings JANUARY Monday, January 6 1997 Wednesday, January 15 Wednesday, January 22 Wednesday, January 29 FEBRUARY Monday, February 3 1997 Wednesday, February 12 Wednesday, February 19 Wednesday, February 26 MARCH Monday, March 3 1997 Wednesday, March 12 Monday, March 17 Wednesday, March 26 APRIL Monday, April 7 1997 Wednesday, April 16 Monday, April 21 Wednesday, April 30 MAY Monday, May 5 1997 Wednesday, May 14 Monday, May 19 Wednesday, May 28 JUNE Monday, June 2 1997 Wednesday, June 11 Monday, June 16 Monday, June 23 JULY Monday, June 30 1997 Monday, July 7 Monday, July 14 Monday, July 21 AUGUST Wednesday, July 23 1997 Monday, August 11 Monday, August 18 Wednesday, August 27 SEPTEMBER Wednesday, September 3 1997 Wednesday, September 10 Monday, September 15 Monday, September 22 OCTOBER Monday, September 29 1997 Wednesday, October 8 Monday, October 13 Wednesday, October 22 NOVEMBER Monday, October 27 1997 Wednesday, November 5 Monday, November 10 Wednesday, November 19 29847 DECEMBER Monday, November 24 1997 Wednesday, December 3 Monday, December 8 Wednesday, December 17 tiop #1021-96 RESOLVED, that having considered a communication from the City Planning Commission, dated October 16, 1996, which transmits its resolution 10-193-96, adopted on October 15, 1996, with regard to the proposed preliminary plat of Glenn's Farm Subdivision to be located on the north side of Six Mile Road between Merriman Road and Stamwich Boulevard in the Southeast 1/4 of Section 11, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on October 15, 1996, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of st;sh improvements, FURTHER, the Council does hereby waive the open space requirements of the Subdivision Rules and Regulations in connection with this proposed subdivision. #1022-96 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, December 11, 1996, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items. 1 Petition 96-7-1-16, submitted by Michael L. Chojnowski, Howard & Howard, on behalf of David and Walter Phipps, for a change of zoning of property located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 21, from R-9I and R-2 to P 0 , the City Planning Commission in its resolution 10-187-96 having recommended to the City Council that Petition 96-7-1-16, as amended from R-9I and R-2 to OS, be approved, and 2 Petition 96-9-1-22, submitted by Matthew B Lester, for a change of zoning of property located on the southeast corner of Merriman and Eight Mile Roads in the Northwest 1/4 of Section 2, from M-1 to C-2, the City Planning Commission in its resolution 10-188-96 having recommended to the City Council that Petition 96-9-1-22 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 29848 statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) locations 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, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and. Laura. NAYS None On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was taie #1023-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 659-91, in connection with a communication from the City Engineer, dated June 17, 1991, approved for submission by the Mayor, with regard to revised Detroit Edison street lighting rates which provide for increased municipal street lighting rates effective January 1, 1991, the Council does hereby determine to take no further action with respect to this matter On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1024-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 355-92, in connection with the report and recommendation of the City Attorney, dated April 10, 1992, concerning the status of the law with regard to the levy of Special Assessments on properties located outside of a Special Assessment District, as well as with respect to the procedure of the levy of assessments by consent, the Council does hereby refer this matter to the Department of Law to provide any necessary update relative to the conclusions reached therein and to include such report submitted in 1992 as a legal opinion 29849 On a motion by Duggan, seconded by McGee, and unanimously adopted, it was #1025-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 355-92, in connection with the report and recommendation of the City Attorney, dated April 10, 1992, concerning the status of the law with regard to the levy of Special Assessments on properties located outside of a Special Assessment District, as well as with respect to the procedure of the levy of assessments by consent, the Council does hereby refer the subject of a determination of the cost of paving Henry Ruff between Schoolcraft and Five Mile Road to the Engineering Department for its report and recommendation On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1026-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 355-92, in connection with the report and recommendation of the City Attorney, dated April 10, 1992, concerning the status of the law with regard to the levy of Special Assessments on properties located outside of a Special Assessment District, as well as with respect to the procedure of the levy of assessments by consent, the Council does hereby determine to take no further action with respect to this item On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1027-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 378-92, regarding the proposed change, commencing in 1993, with respect to the route and course of the RoadRunner Classic sponsored by the Redford RoadRunners, the Council does hereby determine to take no further action with respect to this matter On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was 29850 #1028-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 2-96, in connection with a request from Kevin Martin, 30889 Mayville, dated December 1, 1995, for street lighting installation at the intersections of Mayville and Merriman and Bobrich and Merriman, the Council does hereby refer the subject of approving two (2) additional lights to the Engineering Department for its report and recommendation, the same to be submitted to the Council by December 1, 1996 On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1029-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 404-96, and the report and recommendation of the Engineering Department, dated April 8, 1996, regarding the matter of a possible new street from the Quakertown Subdivision opposite Country Club Drive, the Council does hereby refer the subject of the feasibility of putting such a road through wetland areas to the Engineering Department for its report and recommendation, the same to be submitted to Council by December 1, 1996 On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1030-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 405-96, and the report and recommendation of the Engineering Department, dated April 8, 1996, with regard to the subject of traffic congestion and road improvements in the Haggerty and Six Mile area (Council Resolutions 146-96, 147-96, 148-96, 149-96, 151-96 and 152-96), the Council does hereby determine to take no further action with respect to this matter On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1031-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 454-96, regarding the subject of the closure of Quakertown Lane approximately 300' from the intersection of Meetinghouse Lane, the Council does hereby request that the Mayor contact Northwest Airlines to request that the 29851 company open its gates on Haggerty Road at the open and close of business to alleviate some of the traffic congestion in this area. On a motion by Duggan, seconded by Feenstra, and unanimously asp adopted, it was #1032-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 454-96, regarding the subject of the closure of Quakertown Lane approximately 300' from the intersection of Meetinghouse Lane, the Council does hereby refer the subject of the installation of street lights in this area to the Engineering Department for its report and recommendation, the same to be submitted to Council by December 1, 1996 On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1033-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 454-96, regarding the subject of the closure of Quakertown Lane approximately 300' from the intersection of Meetinghouse Lane, the Council does hereby determine to take no further action with respect to this matter On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1034-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 823-96, and a letter from Mr Robert Smith and Mr and Mrs John Blaies, Jr , dated July 25, 1996, wherein a request is submitted for the vacating of a certain easement and right-of-way for Pembroke Avenue between the properties located at 19794 and 19790 Merriman in the Northwest 1/4 of Section 2, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance On a motion by Duggan, seconded by Feenstra, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 823-96, and a letter from Mr Robert Smith and Mr and Mrs John Blaies, Jr , dated July 29852 25, 1996, wherein a request is submitted for the vacating of a certain easement and right-of-way for Pembroke Avenue between the properties located at 19794 and 19790 Merriman in the Northwest 1/4 of Section 2, the Council does hereby refer this item to the Engineering Department for a report and recommendation, the same to be submitted to Council by December 1, 1996 Duggan and Feenstra withdrew their motions on the foregoing resolution On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1035-96 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated October 8, 1996, submitted pursuant to Council Resolution 823-96, and a letter from Mr Robert Smith and Mr and Mrs John Blaies, Jr , dated July 25, 1996, wherein a request is submitted for the vacating of a certain easement and right-of-way for Pembroke Avenue between the properties located at 19794 and 19790 Merriman in the Northwest 1/4 of Section 2, the Council does hereby receive and place on file for the information of the Council the correspondence from the Engineering Department, dated October 3, 1996, submitted pursuant to Council Resolution 681-96, regarding the request of the Clarenceville School District for the installation of a strip of black top along the easement from Merriman Court to Merriman Road to accommodate school bus transportation An unidentified citizen spoke to the aforementioned subject matter Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 030, 040, 050, 060, 070 AND 080 OF AND ADDING SECTION 085 TO CHAPTER 16 (FIRE PREVENTION CODE) OF TITLE 15 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 The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra gave first reading to the following Ordinance time AN ORDINANCE AMENDING SECTION 060 AND ADDING SECTION 150 OF TITLE 2, CHAPTER 04 (CITY COUNCIL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 29853 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 Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 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 96-5-1-8) 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 Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 19 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 96-5-1-10) 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 Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 130 AND 160 OF TITLE 12, CHAPTER 24 (TREES AND SHRUBS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura NAYS None REVISED PAGE - SEE CR #1036 & #1037-96 29854 The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by Taylor, it was RESOLVED, that having considered a request from Charles G Tangora of Brashear, Tangora and Spence, LLP, on behalf of Al Tanski, dated October 10, 1996, wherein a request is made to purchase certain City-owned property located at 34601 Plymouth Road for the sum of $200,000 00 on a land contract basis, the Council does hereby determine to take no further action with respect to this request. On a motion by Duggan, it was- RESOLVED, that the Council does hereby determine to substitute a resolution referring the aforementioned subject matter to the Finance Department to post a "For Sale" sign and begin the sale/bidding process for a minimum purchase price of $250,000 00 Duggan withdrew his motion, as there was no support. A roll call vote was then taken on the originally proposed resolution by Feenstra, seconded by Taylor, as follows #1036-96 RESOLVED, that having considered a request from Charles G Tangora of Brashear, Tangora and Spence, LLP, on behalf of Al Tanski, dated October 10, 1996, wherein a request is made to purchase certain City-owned property located at 34601 Plymouth Road for the sum of $200,000 00 on a land contract basis, the Council does hereby determine to take no further action with respect to this request. with the following result: AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS None The President declared the resolution adopted On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was #1037-96 RESOLVED, that the Council does hereby request that, in accordance with Council Resolution 300-88, the City-owned property REVISED PAGE - SEE CR #1037-96 29855 located at 34601 Plymouth Road be posted with a "For Sale" sign for 30 days prior to taking bids, and that the Director of Finance prepare specifications and obtain competitive bids with a minimum purchase price of $250,000 00 accompanied by a deposit in the form of a money order or certified check which is equal to five percent of the bid price or $500 00, whichever is greater, and in the event of a default, the deposit is subject to forfeiture or liquidated damages, and all competitive bids shall thereafter be submitted to the Council for consideration On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #1038-96 RESOLVED, that having considered a letter from James B Crandall, Ernst & Young LLP, dated October 3, 1996, submitted on behalf of ADVO, Inc., wherein it is indicated that ADVO, Inc. intends to transfer facilities from 12052 Merriman Road, Livonia, Michigan, to 8200 Haggerty Road, Van Buren Townsh,p, Michigan 48111, and which further indicates that ADVO, Inc desires to obtain a 1974 P.A. 198 exemption for the Van Buren Township facility, the Council does hereby refer this item to the Finance, Insurance and Budget Committee for further consideration On a motion by Duggan, seconded by Feenstra, it was #1039-96 RESOLVED, that having considered a communication from the City Assessor, dated October 3, 1996, approved for submission by the Mayor, with regard to a request from Joseph and Cheryl Camilleri, 14051 Hillcrest, 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 determine to deny the request for dividing Tax Item No 46-007-99-0044-000 into two parcels since the same would be in violation of the City's zoning ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice A roll call vote was taken on the foregoing resolution with the following result. AYES Duggan, Feenstra, Brosnan, Vandersloot, Taylor, and Laura. NAYS McGee The President declared the resolution adopted Jeff Wilshaw, 19426 Merriman Court, stated he had no problem with the requested lot split 29856 On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #1040-96 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated October 3, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Dover Elevator Company, P 0 Box 2177, Memphis, Tennessee 38101, for completing all work required in connection with the modernization of the elevators at City Hall, including extending the east elevator to the basement level of City Hall, for the sum of $176,890 00, the same having been in fact the lowest bid received for this item, FURTHER, the Council does hereby accept the proposal of National Elevator Consultants, Inc , P 0 Box 3117, Detroit, Michigan 48231, to provide project management services including shop drawing review and inspection services in connection with this project in an amount not to exceed $12,800 00; FURTHER, the Council does hereby accept the proposal of McClurg and Associates, 35 W Huron, Pontiac, Michigan 48342, for providing structural engineering services associated with expanding the existing door opening in the basement of City Hall, in an amount not to exceed $1,000 00; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $190,690 00 from funds already budgeted for this purpose in Capital Projects Fund Account No 401-000-976-000 (Fund 401), and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #1041-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 4, 1996, which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of T H B Building & Development Co , Inc., 46135 Van Dyke, Utica, Michigan 48317, for completing all work required in connection with the replacement of an 18" sanitary trunk sewer in Edgewood Drive (Contract 96-S), for the estimated total cost of $117,350 00, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize the expenditure of sum not to exceed $117,350 00 from the 1993 Bond proceeds, Account No 592----/158-031 (Construction-in- 29857 Progress Water Main Replacement) for this purpose, and the City Engineer 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 itam with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1042-96 RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1996, which transmits its resolution 10-184-96, adopted on October 1, 1996, with regard to Petition 96-9-8-15, submitted by Gino Silvestri, requesting site plan approval in connection with a proposal to construct a condominium development on property located at 35600 Ann Arbor Trail in the Southeast 1/4 of Section 32, 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 96-9-8-15 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Job No 94-140 prepared by Basney & Smith, Inc , as received by the Planning Commission on September 30, 1996, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet 1 prepared by Basney & Smith, Inc., as received by the Planning Commission on September 30, 1996, is hereby approved and shall be adhered to, 3 That underground sprinklers are to be 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, and 4 That the Building Elevation Plans marked Drawing No 4, 8, 16, 19 and 21, as submitted by Gino Silvestri on September 16, 1996, are hereby approved and shall be adhered to On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #1043-96 RESOLVED, that having considered a communication from tirie the City Planning Commission, dated August 16, 1996, which sets forth its resolution 8-146-96, adopted on August 13, 1996, with regard to Petition 96-7-1-14, submitted by the City Planning Commission, pursuant to 29858 Council Resolution 459-96, for a change of zoning of 57,000 square feet of vacant land located adjacent to and immediately west of Exhibit Works, Inc. on Merriman Road between Industrial Road and Glendale Avenue in the Northeast 1/4 of Section 27, from PL to M-2, and the Council having conducted a public hearing with regard to this matter on October 14, 1996, pursuant to Council Resolution 796-96, the Council does hereby approve Petition 96-7-1-14 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 On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #1044-96 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1996, and ending November 30, 1997, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia. The Council does hereby establish a tax levy of 8271 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was 29859 #1045-96 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1996, and ending November 30, 1997, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia The Council does hereby establish a tax levy of 1 2407 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #1046-96 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1996, and ending November 30, 1997, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia The Council does hereby establish a tax levy of 8271 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amounts authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and 29860 directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #1047-96 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1996, and ending November 30, 1997, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia The Council does hereby establish a tax levy of 0146 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #1048-96 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1996, and ending November 30, 1997, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia 29861 The Council does hereby establish a tax levy of 2 1313 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #1049-96 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1996, and ending November 30, 1997, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia The Council does hereby establish a tax levy of 0316 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1965 and 1968 Fire Station Bond Issue, in addition to the amount which is authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was 29862 #1050-96 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1996, and ending November 30, 1997, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia. The Council does hereby establish a tax levy of 3669 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1990 Street Improvement Bond, Series I, Series II, Series III and Series IV, in addition to the amount which is authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #1051-96 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1996, and ending November 30, 1997, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia The Council does hereby establish a tax levy of 5115 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of 29863 this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #1052-96 RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 1996, and ending November 30, 1997, as shown in the budget document in Section I, submitted by the Mayor to the Council on September 13, 1996, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, as revised, and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 14, 1996, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on October 3, 1996, and provided FURTHER that the City Clerk shall publish or cause to be published this resolution together with a summary of said budget as adopted herein, together with the minutes of this meeting On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #1053-96 RESOLVED, that having considered a communication from the Department of Law, dated October 16, 1996, submitted pursuant to Council Resolution 929-96, transmitting for Council acceptance a Warranty Deed dated October 9, 1996, executed by Pritpal S Sidhu, conveying to the City certain property described as follows The North 350 feet of Lot 520, Supervisor's Livonia Plat No 9, as recorded in Liber 66, page 60 of Plats, Wayne County Records 120-02-0520-000 (part of) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed, and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution 29864 On a motion by Vandersloot, seconded by McGee, and unanimously adopted, it was #1054-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 11, 1996, which sets forth its resolution 9-161-96 adopted on September 10, 1996, with regard to Petition 96-8-1-20, submitted by First Industrial, L.P for a change of zoning of property located on the north side of Plymouth Road between Chase Boulevard and Eckles Road in the South 1/2 of Section 30, from M-2 to M-1, and the Council having conducted a public hearing with regard to this matter on October 23, 1996, pursuant to Council Resolution 877-96, the Council does hereby reject the recommendation of the Planning Commission and Petition 96-8-1-20 is hereby denied for the following reasons 1 That the existing zoning is consistent with the zoning classification established on the adjoining properties to the north and west; 2. That the existing zoning provides for development on the property which would retain building setback lines at a greater distance, thereby protecting the adjoining residential area than would be the 3 case with the proposed zoning classification, and That the subject property is currently under construction subject to the existing zoning classification of M-2; therefore, there is no compelling reason to change the classification The following individuals from the audience spoke regarding the aforementioned matter 1) Ray Leib, 11985 Chase Blvd. - asked for a clarification on the Zoning Board of Appeals' variances, 2) Richard Spaustinaitis, 11875 Chase - inquired as to the location of the fence, and 3) David Franchock, 11963 Chase - indicated his concern about keeping in place the Zoning Board of Appeals variances On a motion by Feenstra, seconded by Taylor, it was #1055-96 RESOLVED, that having considered the application of First Industrial, LP for a change of zoning at the encouraging of the City of Livonia, and said change of zoning petition having been denied, the Council does hereby determine to refund the application fee A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Taylor 29865 NAYS Laura yk The President declared the resolution adopted On a motion by Taylor, seconded by Vandersloot, and unanimously adopted, it was #1056-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 11, 1996, which sets forth its resolution 9-161-96 adopted on September 10, 1996, with regard to Petition 96-8-1-20, submitted by First Industrial, L.P for a change of zoning of property located on the north side of Plymouth Road between Chase Boulevard and Eckles Road in the South 1/2 of Section 30, from M-2 to M-1, and the Council having conducted a public hearing with regard to this matter on October 23, 1996, pursuant to Council Resolution 877-96, the Council does hereby refer the matter of site plan approval in manufacturing zones abutting residential property to the Planning Department for its report and recommendation On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1057-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 14, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various cash donations in the total amount of$3,347 00 from the sources indicated therein, FURTHER, the Council does hereby appropriate and credit the same to Account#702-000-285-216 for use in the Senior Citizens programs On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #1058-96 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 Feenstra, seconded by Duggan, and unanimously adopted, it was 29866 #1059-96 RESOLVED, that having considered the report and recommendation of the Closed Committee of the Whole Meeting, dated October 23, 1996, and a communication from the Department of Law, dated October 24, 1996, the Council does hereby authorize the expenditure of an additional sum not to exceed $15,000 00 from the $12 Million General Obligation Road Bond Issue (Fund 486) for expert fees and other costs related to the Merriman Road Grade Separation Project. Councilmember Taylor acknowledged the attendance of a student in the audience (Melissa Koss) City Clerk Joan McCotter addressed the upcoming General Election to be held November 5, 1996, and gave information on the proposals and the absentee voter process No one from the audience spoke during audience communication On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, this 1,331st Regular Meeting of the Council of the City of Livonia was adjourned at 9'13 p m , October 30, 1996 Jo McCotter, City Clerk