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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-07-22 29636 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 22, 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, and Ronald Reinke, Superintendent of Parks and Recreation On a motion by Taylor, seconded by Brosnan, and unanimously*adopted, it was. #668-96 RESOLVED, that the minutes of the 1,324th Regular Meeting of the Council of the City of Livonia, held July 8, 1996, are hereby approved as submitted *Councilmember Feenstra abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances President Laura announced that he would be requesting a resolution to amend the Orders of the Day re moving Items 42, 43, 44, 45 & 49 to the Regular Meeting of August 12, 1996, moving Item 53 to the beginning of the Consent Agenda, and removing Item 27 from the Consent Agenda Councilmember Taylor indicated that new data was submitted with respect to Items 15, 19 & 27 29637 City Clerk Joan McCotter gave particulars regarding the Primary Election scheduled for August 6, 1996, one of which was advising the viewing audience that a party preference declaration was not necessary, but the ballot could not be split. During audience communication, Dan Barnes, 37573 Northland, addressed the traffic problem on Newburgh Road near the Dearborn Federal Credit Union, and James Nelson, 9217 Inkster Road, questioned repair work done at his neighbor's home (Henry Binder) Councilmember Taylor announced Happy Birthday to Val Vandersloot and Brian Duggan, whose birthdays were this month On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #669-96 RESOLVED, that the Council does hereby amend the Orders of the Day by removing Items 42, 43, 44, 45 and 49 from the Agenda and rescheduling same to be considered at the August 12, 1996 Regular Meeting, and changing the order of Item 53 by placing it on the Consent Agenda and Item 27 by removing it from the Consent Agenda and placing same on the Regular Agenda. Council President Laura announced that there would be three (3) X-items at the end of the Agenda. On a motion by Feenstra, seconded by Duggan, it was #670-96 RESOLVED, that having considered an application from Sandy Klingensmith, 17535 Rougeway, dated July 10, 1996, requesting permission to close Rougeway Street between Six Mile and Bobrich on Saturday, August 10, 1996, from 4 00 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 11, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #671-96 RESOLVED, that having considered an application from Theresa Willyard, 14249 Ramblewood, dated July 8, 1996, requesting permission to close Ramblewood between Scone and Perth on Saturday, 29638 July 27, 1996, from 9.00 a m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 4, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #672-96 RESOLVED, that having considered an application from Stacey Cavanaugh, 11400 Melrose, dated June 27, 1996, requesting permission to close Melrose between Plymouth and Elmira on Sunday, August 4, 1996, from 3 00 p m. to 7 00 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. #673-96 RESOLVED, that having considered an application from George Gurganian, 34724 Northland, dated June 20, 1996, requesting permission to close St. Martins between Northland and Gary Lane on Saturday, August 10, 1996, from 3 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 17, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #674-96 RESOLVED, that having considered an application from John E Lectka, 9807 Melrose, dated June 21, 1996, requesting permission to close Melrose between West Chicago and Orangelawn on Friday, August 16, 1996, from 5 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 17, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #675-96 RESOLVED, that having considered an application from Mary Nagy, 17517 Ellen Drive, dated June 20, 1996, requesting permission to close Ellen Drive at Six Mile Road and Ellen Drive at Vargo Avenue on Saturday, August 17, 1996, 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, the action taken herein being made subject to the approval of the Police Department. #676-96 RESOLVED, that having considered an application from Donna Martin, 10001 Bassett, dated June 27, 1996, requesting permission to close Bassett Street between Ann Arbor Trail and Richland and Orangelawn between Bassett Street and Adams on Sunday, August 18, 1996, from 2 00 p m to 8 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, 29639 including therein permission to conduct the said affair on Sunday, August 25, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #677-96 RESOLVED, that having considered an application from Gisele T Sidor, 36026 Dover, dated June 23, 1996, requesting permission to close Dover Street between Crown and Linville on Saturday, August 24, 1996, from 1000 a m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 25, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #678-96 RESOLVED, that having considered an application from John A. Parks, III, 14070 Cranston, dated July 3, 1996, requesting permission to close Cranston Street between Scone and Perth on Saturday, August 24, 1996, from 12 00 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 25, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #679-96 RESOLVED, that having considered an application from Yvonne Berger, 14302 Hubbard, dated July 3, 1996, requesting permission to close Hubbard Street between Allen and Perth on Saturday, September 7, 1996, from 3 00 p m to 8 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, September 8, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #680-96 RESOLVED, that having considered a letter from Debra Murray-Worley, Chairperson of the Marshall Craft Fair, dated June 21, 1996, which requests permission to display signs announcing the 11th Annual Marshall Elementary Craft Fair to be held on Saturday, October 12, 1996, which signs are approximately 18" x 24" in size and which will be located as follows Northwest and Southeast corners of. Six Mile and Farmington Roads Six Mile and Levan Roads Five Mile and Farmington Roads Five Mile and Levan Roads Seven Mile and Farmington Roads dim Six Mile and Newburgh Roads Six Mile and Merriman Roads Seven Mile and Newburgh Roads Seven Mile and Merriman Roads 29640 Five Mile and Newburgh Roads Five Mile and Merriman Roads Five Mile and Hubbard Seven Mile and Gill Roads Merriman Road and Lyndon Farmington Road and Lyndon Southeast corners of: Seven Mile and Haggerty Roads Eight Mile and Gill Roads Eight Mile and Farmington Roads Eight Mile and Newburgh Roads Seven Mile and Levan Roads Southeast and Northeast corners of* Six Mile and Haggerty Roads Total of free standing signs 37 and wooden 4' x 4' signs at the corners of Farmington and Curtis Roads and Seven Mile and Myron, and which signs would be displayed from October 3, 1996, through October 13, 1996, the Council does hereby grant and approve this request in the manner and form herein submitted #681-96 RESOLVED, that having considered a letter from John T Schiffman on behalf of the Clarenceville School District, dated June 26, 1996, requesting installation of a strip of black top along the easement from Merriman Court to Merriman Road to accommodate school bus transportation, the Council does hereby refer this matter to the Engineering Department and the Planning Department for their respective reports and recommendations A communication from the Department of Assessment, dated July 1, 1996, re administrative response to CR 519-96 - tax status of the property sought to be rezoned by Open Door Christian Church (Petition 96-1-1-2) of Section 14, as well as other parcels occupied by labor unions -was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 20, 1996, re the tax rate for 1996 for Oakland Schools was received and placed on file for the information of the Council 29641 A communication from the Office of the City Clerk, dated June 20, 1996, re the tax rate for the 1996-97 school year for Livonia Public Schools was received ihr• and placed on file for the information of the Council #682-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 31, 1995, and the report and recommendation of the Chief of Police, dated June 26, 1996, approved for submission by the Mayor, in connection therewith, the Council does hereby recommend approval of the request from Livonia Luxury Suites, Ltd., a limited partnership, to add Trans Investments, Inc. as general partner and drop Phil S Willis and Daniel J Vosotas as general partners in 1995 B-Hotel licensed business located at 16999 S Laurel Park, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #683-96 RESOLVED, that having considered the report and recommendation of the Mayor, dated July 1, 1996, wherein it is recommended that the salary for the position of Director of Emergency Preparedness be increased to $10,000 annually, effective December 1, 1996, the Council does hereby concur in and approve of this action A communication from the Inspection Department, dated July 2, 1996, re. administrative response to Council Resolution 595-96 - candidate campaign signs still posted from the Livonia School Board Election of June 10, 1996 -was received and placed on file for the information of the Council A communication from the Inspection Department, dated June 20, 1996, re administrative response to Council Resolution 544-96 - the need for a "No Left Turn" sign at the Amoco Service Station at Six Mile and Haggerty - was received and placed on file for the information of the Council A communication from the Engineering Department and the Department of Public Works, dated June 19, 1996, re administrative response to Council Resolution 237-96 - the overgrowth of shrubbery and the accumulation of ice on the sidewalk along Curtis Avenue adjoining Denmar Park, as well as mounds of dirt along 29642 the drainage ditch in Denmar Park -was received and placed on file for the information of the Council #684-96 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated June 19, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 237-96, with respect to the overgrowth of shrubbery and the accumulation of ice on the sidewalk along Curtis Avenue adjoining Denmar Park, as well as mounds of dirt along the drainage ditch in Denmar Park, the Council does hereby determine to take no further action with respect to this matter #685-96 RESOLVED, that having considered a communication from the Water and Sewer Board, dated July 2, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3139 6/96, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated June 6, 1996, attached thereto, the Council does hereby accept the bid of Wolverine Power and Equipment Company, 25900 W Eight Mile Road, Southfield, Michigan 48034, for supplying the Public Service Division (Water and Sewer Section) with one (1) heavy-duty tractor loader backhoe with extendible dipperstick, at a cost of $53,105 00, the same having been the lowest bid meeting specifications received for this item #686-96 RESOLVED, that having considered a communication from the Director of Public Works, dated July 1, 1996, approved by the Finance Director and approved for submission by the Mayor, with respect to the disposal of used office furniture and equipment and miscellaneous items from various City departments, to which is attached a list specifically describing each item, the Council does hereby determine, pursuant to Section 3 05 060 of the Livonia Code of Ordinances, as amended, that such property is surplus property and does hereby authorize the disposal of all property described in said list by sale at the City garage sale to be conducted at Eddie Edgar Arena on August 17 and 18, 1996, FURTHER, the proceeds from such disposition shall be deposited in Account Number 101-000-680-000 A communication from the Engineering Department, dated June 20, 1996, re administrative response to Council Resolution 190-95 - the subject of the qualifications of the architect for the Greenmead Farm Complex project - was received and placed on file for the information of the Council 29643 #687-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 20, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 190- 95, with respect to the subject of the qualifications of the architect for the Greenmead Farm Complex project, the Council does hereby determine to take no further action with respect to this matter #688-96 RESOLVED, that having considered the report and recommendation of the Planning Commission, dated June 18, 1996, submitted pursuant to Council Resolution 475-96, regarding whether or not property located east of Newburgh Road, south of Seven Mile Road, in the Northwest 1/4 of Section 8, in the Caliburn Estates Subdivision No 2, should be rezoned to NP, the Council does, in accordance with Section 23 01(a) of the Livonia Zoning Ordinance 543, hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether such property should be rezoned to PL. #689-96 RESOLVED, that having considered the report and recommendation of the Planning Commission, dated June 27, 1996, submitted pursuant to Council Resolution 138-93, regarding the question of whether certain property located on the west side of Farmington Road between Norfolk Avenue and Seven Mile Road in the Northeast 1/4 of Section 4 (proposed for dedication to the City) should be rezoned from PL to NP, the Council does hereby determine to take no further action with respect to this matter #690-96 RESOLVED, that having considered the report and recommendation of the Planning Commission, dated June 27, 1996, submitted pursuant to Council Resolution 337-93, regarding whether property located on the southeast corner of Five Mile and Spanich Court (Lots 1, 2 and 3 of B E Taylor's Greenacres Subdivision) should be rezoned from RUF to a more appropriate residential zoning classification, the Council does hereby determine to take no further action with respect to this matter #691-96 RESOLVED, that having considered the report and recommendation of the Planning Commission, dated June 27, 1996, submitted pursuant to Council Resolution 733-94, with regard to the question of whether the property zoned RUF and located adjacent to the property addressed in Petition 94-6-1-13 (which property is located on the south side of Seven Mile Road between Lathers Avenue and Brentwood Avenue in the North 1/2 of Section 12) should be rezoned to a more appropriate zoning classification, the Council does hereby determine to take no further action with respect to this matter 29644 #692-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 2, 1996, which transmits its resolution 6-118-96, adopted on June 18, 1996, with regard to a Sign Permit Application, submitted by Robert S Gazall on behalf of the University of Michigan Medical Center, requesting approval for signage for property located at 19900 Haggerty Road in the Northwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the Sign Package by Gazall, Rino & Associates, as received by the Planning Commission on June 3, 1996, is hereby approved and shall be adhered to, and 2 That all signage shall not be illuminated beyond 11 00 p m. #693-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 2, 1996, which transmits its resolution 6-119-96, adopted on June 18, 1996, with regard to a Sign Permit Application, submitted by Hardy & Sons Sign Service on behalf of Quality Inn & Suites, requesting approval for a ground sign for property located at 30375 Plymouth Road in the Northwest 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the condition that the sign package by Hardy & Sons Sign Service, as received by the Planning Commission on June 4, 1996, is hereby approved and shall be adhered to #694-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 2, 1996, which transmits its resolution 6-120-96, adopted on June 18, 1996, with regard to a Sign Permit Application, submitted by First Federal of Michigan, requesting approval for a ground sign for property located at 19410 Middlebelt Road in the Southwest 1/4 of Section 1, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the Sign Package by Brilliant Electric Sign Company, as received by the Planning Commission on June 5, 1996, is hereby approved and shall be adhered to, and 2 That the signage shall not be illuminated beyond 10.00 p m #695-96 RESOLVED, that having considered a request from Councilmember Fernon P Feenstra, the Council does hereby refer the subject of a road cut/sewer tap on Pickford, west of Inkster Road, to the Engineering Department for its report and recommendation 29645 #696-96 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 Monday, September 9, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 96-5-1-8, submitted by Richard W Bame, for a change of zoning of property located on the west side of Beatrice Avenue between Eight Mile Road and Morlock Avenue in the Northeast 1/4 of Section 2, from M-1 to R-2, the City Planning Commission in its resolution 7-122-96 having recommended to the City Council that Petition 96-5-1-8 be approved, (2) Petition 96-5-1-9, submitted by Leo Soave, for a change of zoning of property located on the west side of Gill Road between Northland Drive and Bretton Drive in the Southwest 1/4 of Section 4, from RUFB to R-3, the City Planning Commission in its resolution 7-123-96 having recommended to the City Council that Petition 96-5-1-9 be approved, and (3) Petition 96-5-1-10, submitted by John DelSignore, for a change of zoning of property located north of Schoolcraft Road between Eckles Road and the 1-96 Expressway in the Southwest 1/4 of Section 19, from R-1 to C-2, the City Planning Commission in its resolution 7-124-96 having recommended to the City Council that Petition 96-5-1-10 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes 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 #697-96 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 29646 will take place before the City Council of the City of Livonia on Wednesday, September 4, 1996, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 96-6-1-13, submitted by J-P Properties, for a change of zoning of property located north of Six Mile Road, west of the 1-96 Expressway in the Southwest 1/4 of Section 7, from P 0 and P to C-4, the City Planning Commission in its resolution 7-127-96 having recommended to the City Council that Petition 96-6-1-13 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public 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 McGee, seconded by Taylor, and unanimously adopted, it was #698-96 RESOLVED, that having considered the report and recommendation of the Inspection Department, dated July 18, 1996, and of the Planning Commission, dated June 27, 1996, submitted pursuant to Council Resolution 787-95, with respect to the subject of exposed gas meters in connection with the development of a strip shopping center at the northwest corner of Five Mile and Merriman Roads (Petition 94-10-8- 26, Showerman's, Rite Aid, etc.), the Council does hereby receive and file the report and recommendation of the Inspection Department and does hereby determine to take no further action with respect to this matter Feenstra gave first reading to the following Ordinance 29647 AN ORDINANCE ADDING SECTION 145 TO 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 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 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SUBSECTION E THERETO 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' AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 95-10-1-25) 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 August 26, 1996 regular meeting Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES), AND SUBSECTIONS D AND E OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 29648 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 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 32 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 95-12-1-30) 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 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Feenstra, seconded by Duggan, it was #699-96 RESOLVED, that having considered a communication from the City Assessor, dated June 13, 1996, approved for submission by the Mayor, with regard to a request from Rodney A. Hadash, 24401 Sinacola Court, Farmington Hills, Michigan 48335, representing Mr John C Munro, 30900 Munger, Livonia, Michigan 48154, to divide Tax Item No 46-054-99-0011-000 into three (3) parcels, the Council does hereby approve said request as amended to reflect 80' of frontage for each lot and an additional 30' of depth for each lot, as stated in a July 17, 1996, letter from Dynamic Land & Property Management Co , Inc., the legal descriptions of which shall read as follows 29649 PARCEL 1. That part of the Northwest 1/4 of Section 14, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant due West along the North section line 1227 82 feet and South 00 degrees 11 minutes West 641 14 feet from the North 1/4 corner of Section 14, and proceeding thence South 00 degrees 11 minutes West 294 33 feet; thence South 89 degrees 15 minutes West 160 00 feet; thence South 00 degrees 11 minutes 00 seconds West 330 00 feet; thence South 89 degrees 15 minutes 00 seconds West 80 30 feet; thence North 00 degrees 11 minutes East 626 44 feet; thence North 89 degrees 15 minutes East 240 30 feet to the point of beginning Containing 2 24 acres Except the South 30 feet for Munger Road ROW Subject to easements of record PARCEL 2. That part of the Northwest 1/4 of Section 14, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant due West along the North section line 1227 82 feet and South 00 degrees 11 minutes West 937 58 feet and South 89 degrees 15 minutes 00 seconds West 80 00 feet from the North 1/4 corner of Section 14, and proceeding thence South 00 degrees 11 minutes West 330 00 feet; thence South 89 degrees 15 minutes West 80 00 feet; thence North 00 degrees 11 minutes East 330 00 feet, thence North 89 degrees 15 minutes East 80 00 feet to the point of beginning Containing 61 acres Except the South 30 feet for Munger Road ROW Subject to easements of record PARCEL 3. That part of the Northwest 1/4 of Section 14, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant due West along the North section line 1227 82 feet and South 00 degrees 11 minutes West 937 58 feet from the North 1/4 corner of Section 14, and proceeding thence South 00 degrees 11 minutes West 330 00 feet; thence South 89 degrees 15 minutes West 80 00 feet; thence North 00 degrees 11 minutes East 330 00 feet; thence North 89 degrees 15 minutes East 80 00 feet to the point of beginning Containing 61 acres Except the South 30 feet for Munger Road ROW 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 to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result: 29650 AYES Duggan, Feenstra, Brosnan, McGee, and Laura NAYS Vandersloot and Taylor The President declared the resolution adopted On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #700-96 RESOLVED, that having considered a communication from the City Assessor, dated June 13, 1996, approved for submission by the Mayor, with regard to a request from Rodney A. Hadash, 24401 Sinacola Court, Farmington Hills, Michigan 48335, representing Mr John C Munro, 30900 Munger, Livonia, Michigan 48154, to divide Tax Item No 46-054-99-0011-000 into three (3) parcels, the Council does hereby refer to the Engineering Department for its report and recommendation the subject of the adequacy and location of sewer taps/leads On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #701-96 RESOLVED, that having considered a communication from the City Assessor, dated June 13, 1996, approved for submission by the Mayor, with regard to a request from Mr Kerry Holmes, H & Z Investments, 35055 Glendale, Livonia, Michigan 48150, 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 and combination of Tax Item Nos.46- 111-99-0016-000 and 46-111-99-0017-001 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A. Part of the Southwest 1/4 of Section 28, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as Beginning at the Northwest corner of Lot 106 of "ALDEN VILLAGE" as recorded in Liber 66 of Plats, Page 78, Wayne County Records, thence S 00°22'00" W 177 24 feet along the West line of said Lot 106 to a point on the North right-of-way line of Capitol Road (60 feet wide), thence N 89°21'00" W 60 00 feet along said North right-of-way line, thence N 15°23'00" W 114 70 feet; thence N 00°22'00" E 66 85 feet, and thence S 89°26'50" E 91 13 feet to the Point of Beginning Containing 0 33 acres of land, more or less Subject to any and all easements or rights-of- way of record, if any 29651 PARCEL B. Part of the Southwest 1/4 of Section 28, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as Beginning at the Northwest corner of Lot 106 of"ALDEN VILLAGE" as recorded in Liber 66 of Plats, Page 78, Wayne County Records, thence N 89°26'50" W 91 13 feet; thence N 00°22'00" E 468 89 feet to a point on the South right-of-way line of the C and 0 Railroad, thence S 88°57'10" E 212 05 feet along said South right-of-way; and thence S 00°22'00" W 467 06 feet to a point on the North line of said "ALDEN VILLAGE", and thence N 89°26'50" W 120 90 feet along said North line to the Point of Beginning Containing 2 28 acres of land, more or less Subject to any and all easements or 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, 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 to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #702-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 21, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 249-95, with respect to the subject of a possible archery range for public use, the Council does hereby authorize the Department of Parks and Recreation to apply for a grant from the Department of Natural Resources for such project and to work with interested community groups regarding a proposed archery range and to thereafter submit its report and recommendation to Council On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #703-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 21, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 249-95, with respect to the subject of a possible archery range for public use, the Council does hereby refer this L. item to the Capital Improvement Committee for tracking purposes 29652 A communication from the Engineering Department, dated June 19, 1996, re administrative response to Council Resolution 501-96 - preparation of revised plans for the proposed project to realign Sears Drive and Milburn Avenue at the intersection of Plymouth Road -was received and placed on file for the information of the Council A communication from the Department of Law, dated July 16, 1996, re administrative response to Council Resolution 502-96 - the determination of ownership of Milburn Avenue and the steps necessary to vacate such property - was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #704-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 19, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 501-96, with respect to the revised plans for the proposed project to realign Sears Drive and Milburn Avenue at the intersection of Plymouth Road, the Council does hereby refer this subject to the Mayor and such members of his administration as he may designate for their reports and recommendations On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #705-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 19, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 501- 96, with respect to the revised plans for the proposed project to realign Sears Drive and Milburn Avenue at the intersection of Plymouth Road, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for tracking purposes only Ona motion by Feenstra, seconded by McGee, and unanimously adopted, it was #706-96 RESOLVED, that having considered the report and recommendation from the Department of Law, dated July 16, 1996, 29653 approved for submission by the Mayor, submitted pursuant to Council Resolution 502-96, and the report and recommendation from the City Engineer, dated June 19, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 501-96, with respect to the proposed acquisition of property located at 30491 and 30499 Plymouth Road and the necessity that an appraiser be hired to determine the fair market value of the same, the Council does hereby authorize the Department of Law to retain an expert appraiser for the purpose of determining the fair market value of the subject properties, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $2,500 00 from the General Obligation Road Improvement Bond Issue for the purpose of covering the cost of the said appraisals, and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #707-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 19, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 501- 96, with respect to the revised plans for the proposed project to realign Sears Drive and Milburn Avenue at the intersection of Plymouth Road, the Council does hereby request that the Engineering Department provide a copy of the previous traffic study by Goodell, Grivas, related to the intersection of Milburn Avenue, Sears Drive and Plymouth Road, to the City Council for its review On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #708-96 RESOLVED, that having considered a letter from Gordon B Alexander, Loan Administrator, for the Michigan Strategic Fund, dated July 9, 1996, wherein it is indicated that Spectrum Human Services, Inc. intends to transfer facilities from 34000 Plymouth Road, Livonia, Michigan, to 28303 Joy Road, Westland, Michigan, with an attendant transfer of more than twenty (20) full time persons, and which further indicates that Spectrum Human Services, Inc. has applied for the issuance of tax exempt industrial development revenue bonds by the Michigan Strategic Fund for the Westland facility, pursuant to 1984 PA 270 (the Michigan Strategic Fund Act), the Council does hereby reject and deny this request since it is the determination of the Council that the transfer of facilities would have the effect of transferring employment from one governmental unit in Michigan to another local governmental unit in Michigan, and for the further reason that the said transfer would not be in the best interest of either the citizens of Livonia or the people of the State 29654 of Michigan, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #709-96 RESOLVED, that having received a request from Councilmember Fernon P Feenstra, the Council does hereby discharge the Committee of the Whole from further consideration of Council Resolution 633-96 with regard to Petition 96-5-2-19 submitted by Gary M Mulka requesting waiver use approval to operate a limited service restaurant within an existing building located on the north side of Plymouth Road, west of Priscilla Lane, in the Southwest 1/4 of Section 28 On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #710-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 12, 1996, which transmits its resolution 6-83-96, adopted on June 4, 1996, with regard to Petition 96-5- 2-19, submitted by Gary M Mulka requesting waiver use approval to operate a limited service restaurant within an existing building located on the north side of Plymouth Road, west of Priscilla Lane, in the Southwest 1/4 of Section 28, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-5-2-19 is hereby approved and granted, subject to a limitation on the number of customer seats not to exceed thirty (30) seats and to the following additional conditions 1 That if any more seats are to be added, it must be taken to the Zoning Board of Appeals, 2 That all signage shall be brought back before the Planning Commission and City Council for their review and approval, 3 That the protective wall be repaired as set forth in the letter dated May 24, 1996, from the Inspection Department; 4 That a dumpster shall be provided; and 5 That no request for additional seats shall be filed until one (1) year has passed 29655 On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #711-96 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 383, more particularly described in Council Resolution 546-96 adopted on June 5, 1996, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll, as revised, prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Camborne Pines Subdivision in said Special Assessment District No 383, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100 watt high pressure sodium lights on 18' high Hallbrook poles with underground wiring with spacing to be determined by Detroit Edison (including a double fixture to be installed in the cul-de-sac) for the Camborne Pines Subdivision in the Northwest 1/4 of Section 13 and that the assessments set forth in said Special Assessment District No 383 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No 383 based on installation of 100 watt high pressure sodium lights on 18' high Hallbrook poles with underground wiring with spacing to be determined by Detroit Edison (including a double fixture to be installed in the cul-de-sac) in the Camborne Pines Subdivision is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement for this purpose, and FURTHER, a sum not to exceed $4,400 00 is hereby authorized from the cash payments posted by the developer of the Camborne Pines Subdivision in order to defray the Detroit Edison contribution-in-aid costs connected with this street light installation project, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $8,688 00 from the General Obligation Road Improvement Bond Issue to be reimbursed from the first year assessment On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. 29656 #712-96 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 384, more particularly described in Council Resolution 548-96 adopted on June 5, 1996, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Oakcrest Villas Subdivision in said Special Assessment District No 384, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100 watt high pressure sodium lights on davitt poles with underground wiring in Oakcrest Villas Subdivision located in the Southeast 1/4 of Section 11 and that the assessments set forth in said Special Assessment District No 384 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 384 based on installation of 100 watt high pressure sodium lights on davitt poles with underground wiring in Oakcrest Villas Subdivision is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement for this purpose, and FURTHER, a sum not to exceed $4,500 00 is hereby authorized from the cash payments posted by the developer of the Oakcrest Villas Subdivision in order to defray the Detroit Edison contribution-in-aid costs connected with this street light installation project. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #713-96 RESOLVED, that having considered a communication from the City Planning Commission, dated May 23, 1996 , which sets forth its resolution 4-54-96 adopted on April 30, 1996 with regard to Petition 96-2- 1-5, submitted by the City Planning Commission pursuant to Council Resolution 872-95 for a change of zoning of property located on the southeast corner of Five Mile Road and Fairfield Avenue, in the Northwest 1/4 of Section 22, from C-2 to OS, and the Council having conducted a public hearing with regard to this matter on July 10, 1996, pursuant to Council Resolution 549-96, the Council does hereby approve Petition 96-2-1-5 for preparation of the ordinance for submission to 29657 Council, and the City Planner is hereby instructed to cause the necessary Iwo 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 McGee, and unanimously adopted, it was #714-96 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 11 26 acres lying in the South 1/2 of Section 30, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 61"; and WHEREAS, written notice has been given by certified mail to First Industrial, L.P (on behalf of General Medical Corporation) of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 61, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 61, and WHEREAS, on July 15, 1996, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 61, at which time First Industrial, L.P (on behalf of General Medical Corporation) and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of First Industrial, LP attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 29658 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 61 " EXHIBIT A Part of the South 1/2 of Section 30, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan being more particularly described as Beginning at a point distant S 89°45'00" E 577 89 feet and S 00°17'00" W 585 24 feet from the center of said Section 30; thence S 00°17'00" W , 1147 62 feet to a point on the center line of Plymouth Road (120 00 feet wide), thence N 74°18'20" W , along said center line 477 85 feet; thence N 00°17'00" E , 962 15 feet; thence S 89°31'40" E , 3 86 feet; thence 231 26 feet along the arc of a curve to the left (radius 435 28 feet, central angle 30°26'25", chord bears N 75°15'07" E , 228 55 feet), thence S 89°31'40" E , 236 08 feet to the point of beginning Containing 490,585 square feet or 11 26 acres Subject to the rights of the public within Plymouth Road and subject to easements and restrictions of record On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #715-96 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 Taylor, seconded by Feenstra, and unanimously adopted, it was #716-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 15, 1996, which bears the signature of the Finance Director, is approved as to form by the City Attorney and is approved for submission by the Mayor, and to which is attached a contract between the Michigan Department of Transportation, the County of Wayne and the City of Livonia for the reconstruction and widening of Seven Mile Road between 1-275 and Newburgh Road as a five lane pavement and installation of sidewalks from Blue Skies Drive to Newburgh Road, the total project cost of which is estimated to be $891,550 00 with the City of Livonia's share estimated to be $99,026 00 ($67,976 00 for road construction and $31,050 00 for sidewalk • construction), the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said 29659 agreement 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, FURTHER, the Council does hereby appropriate the sum of $99,026 00 from the General Obligation Road Improvement Bond Issue with the provision that the bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #717-96 RESOLVED, that the Council hereby requests a report from the Director of Finance regarding the balance in the General Obligation Road Improvement Bond Issue Duggan left the podium at 8.55 p m in order to avoid a perceived impropriety regarding the next Agenda item On a motion by Feenstra, seconded by McGee, it was. #718-96 RESOLVED, that having considered a letter from the Mayor and City Attorney regarding purchase of property at 19323 Farmington Road, and having considered an Offer to Purchase Real Estate dated July 8, 1996, the Council hereby approves said Offer to Purchase Real Estate for the price of $107,000 00, and the Council further approves of an appropriation from Fund No 457, the Fire Station Construction Fund, to complete said purchase A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS None The President declared the resolution adopted Duggan returned to the podium at 8 56 p m On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was. isup #719-96 RESOLVED, that having considered a request from the Mayor and City Attorney to approve an Offer to Purchase Real Estate from Richard and Valerie Persichetti, for property located at 11961 29660 Newburgh Road and 11971 Newburgh Road, the Council does hereby approve of said Offer in the amount of $150,000 00, to be funded from the additional revenues received from Ladbroke DRC, said real estate to be used in the Newburgh Village Expansion Project. During audience communication, John Schiffman asked for a clarification re Agenda Item #11, a request from the Clarenceville School District. President Laura announced that the Council would be on vacation for the next two (2) weeks On a motion by Feenstra, seconded by Duggan, and unanimously adopted, this 1,325th Regular Meeting of the Council of the City of Livonia was adjourned at 9.02 p m., July 22, 1996 J ettz- n McCotter, City Clerk