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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-08-26 29693 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 26, 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 02 p m Councilmember Brosnan delivered the invocation Roll was called with the following result: Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, 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; Ann W Tavolacci, Deputy City Clerk, Michael T Slater, Finance Director; Joseph F Mysliwiec, Court Administrator; Robert J Beckley, Director of Public Works, Ronald Reinke, Superintendent of Parks and Recreation, Linda McCann, Director of Community Resources, John McDonald, Deputy Police Chief; and Edith Davis, Personnel Director On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #767-96 RESOLVED, that the minutes of the 1,326th Regular Meeting of the Council of the City of Livonia, held August 12, 1996, are hereby approved as submitted On a motion unanimously introduced, seconded and adopted, it was #768-96 WHEREAS, David V Johnson has distinguished himself admirably as a scholar, a business entrepreneur, a real estate salesperson, a land developer, and visionary in the field of quality, aesthetically pleasing home, commercial and resort construction, and WHEREAS, David V Johnson has been recently recognized, by his peers, as the 1996 Michigan Entrepreneur of the Year in the Field of Construction/Real Estate, and 29694 WHEREAS, David V Johnson has been the Chief Executive Officer of the Victor International Corporation leading that company to a place of prominence in the nation as a developer of the highest quality and value, and WHEREAS, David V Johnson has brought credit to the profession, his family, his friends, Bentley High School, and the City of Livonia. NOW, THEREFORE, BE IT RESOLVED, in recognition of David V Johnson's outstanding accomplishments to the City of Livonia and its residents, the Mayor and City Council take this means to recognize and thank our native son, David V Johnson, for his exemplary accomplishments to our community and to wish him every success in his future endeavors Councilmember Vandersloot presented a Certificate of Commendation to Patricia C Burklow for her three (3) years of service on the City of Livonia Zoning Board of Appeals, extending appreciation on behalf of the community for her contributions Council President Laura announced there would be three (3) X-items added to the end of the agenda, one of which is a Veto letter from the Mayor re the waiver petition for the 20-screen theater complex which was approved at the Regular Meeting of August 12, 1996 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #769-96 RESOLVED, that the Council does hereby amend the Orders of the Day by approving the addition of X-items (3) at the end of the Regular agenda and moving Item #24 from the Consent to the Regular portion of the agenda Council President Laura announced he would be reinstituting adherence to the policy of new data being received at least 48 hours prior to meetings Lr. On a motion by Taylor, seconded by Duggan, it was 29695 #770-96 RESOLVED, that having considered an application from Marcy Vance, 15901 Auburndale, dated July 15, 1996, requesting permission to close Auburndale between Five Mile and Myrna, on Saturday, September 7, 1996, from 10'00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 8, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #771-96 RESOLVED, that having considered an application from Deborah Koch, 15682 Edgewood, dated August 1, 1996, requesting permission to close Edgewood between Ellen Drive and Ellen Drive, on Saturday, September 7, 1996, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 8, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #772-96 RESOLVED, that having considered an application from Pam Malo, 35164 Scone, dated July 22, 1996, requesting permission to close Edgewood between Perth and Scone, on Saturday, September 14, 1996, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 15, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #773-96 RESOLVED, that having considered an application from Janel Barber, 18997 Gillman, dated August 6, 1996, requesting permission to close Gillman between Seven Mile and Clarita, on Saturday, September 14, 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 Saturday, September 28, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #774-96 RESOLVED, that having considered a letter from Mary Mengel, 18090 Fairway, Livonia, Michigan 48152, received in the Office of the City Clerk on July 22, 1996, which, in behalf of the St. Genevieve Elementary School, requests permission to place 48" x 36" sandwich signs advertising a fund-raiser rummage sale to be conducted on Friday and Saturday, October 18 and 19, 1996, one sign to be installed at Jamison and Middlebelt on Friday, October 4, 1996, and the remaining four signs to be installed on Friday, October 11, 1996, at the following intersections 29696 Middlebelt and Schoolcraft (Northeast corner) Lyndon and Harrison (Northeast corner) Lyndon and Inkster (Southwest corner) Five Mile and Garden (West side of street) and all signs to be removed by 5 00 p m on Saturday, October 19, 1996, the Council does hereby approve of and concur in this request in the manner and form herein requested #775-96 RESOLVED, that having considered a letter from Cathy Truszkowski, Taylor PTA Craft Show Chairperson, received in the City Council Office on August 13, 1996, which requests permission to display signs announcing the Fall Craft Show, which signs are approximately 22" x 17" in size and which will be installed at the following locations Farmington and Plymouth Levan and Plymouth Farmington and Jeffries Levan and Jeffries Farmington and 5 Mile Levan and 5 Mile Farmington and 6 Mile Levan and 6 Mile Farmington and 7 Mile Levan and 7 Mile Newburgh and Plymouth Haggerty and 5 Mile Newburgh and Jeffries Haggerty and 6 Mile Newburgh and 5 Mile Haggerty and 7 Mile Newburgh and 6 Mile Merriman and 5 Mile Newburgh and 7 Mile Merriman and 6 Mile Newburgh and 8 Mile Merriman and 7 Mile Levan and Curtis 1-275 ramps at 6, 7 & 8 Mile Roads which signs would be displayed from September 7, 1996, through September 16, 1996, the Council does hereby grant and approve this request in the manner and form herein submitted #776-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated July 15, 1996, approved by the Finance Director and approved for submission by the Mayor, and a communication from the Mayor, dated July 16, 1996, which requests authorization to sell the following City vehicles and equipment, such authorization to be for a period of one year with respect to the following vehicles Vehicle 1 4 3 Number Description 1985 Chevy Celebrity 74,146 1985 Chevy Celebrity 52,239 1981 Dodge Pick-up Mileage 2 9 64 103,665 4 68 1982 Ford Pick-up 91,985 5 69 1982 Ford Pick-up 94,515 29697 6 73 1984 Ford Pick-up 90,704 7 8 10 76 1985 GMC Pick-up 83 1985 GMC Pick-up 93,400 95 1980 Advance Sweeper 52,516 125 1985 Pontiac 1000 85,426 9 52,432 11 149 1985 Buick Skylark 57,603 12 335 1983 Dodge Pick-up 56,104 13 503 1982 GMC Van 90,273 14 534 1991 Chevy Pick-up 70,770 15 544 1987 Chevy Caprice 55,437 16 545 1987 Chevy Caprice 91,892 17 547 1987 Chevy Caprice 61,600 18 565 1985 Dodge Diplomat 64,033 and wherein the aforesaid vehicles would be delivered to Midwest Auto Auction and Service, Inc., 14666 Telegraph Road, Detroit, Michigan 48239, and said vehicles would be sold in accordance with the procedure detailed in the aforesaid communication, the Council does hereby concur in and approve of the recommended adtion, FURTHER, the Council does hereby authorize retaining the following vehicle by the Department of Community Resources for use by various parties within the City of Livonia Vehicle Number Description Mileage 12 1985 Ford Van 12 passenger 33,724 A communication from the City Clerk, dated July 18, 1996, re administrative response to Council Resolution 448-96 - compliance with notification procedures as outlined under the Open Meetings Act -was received and placed on file for the information of the Council A communication from the Inspection Department, dated July 11, 1996, re administrative response to Council Resolution 553-96 - vehicular parking on public right-of-way -was received and placed on file for the information of the Council #777-96 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated July 11, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 553-96, regarding the subject of vehicular parking on the public right-of-way adjacent to the travel portion of major thoroughfares, the Council does hereby refer this matter to the Chief of Police for his report and recommendation 29698 #778-96 RESOLVED, that having considered a communication from the Water and Sewer Board, dated July 16, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3142 7/96, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated July 8, 1996, attached thereto, the Council does hereby accept the bid of Wink Chevrolet, Inc., 10700 Ford Road, Dearborn, Michigan 48126, for supplying the Public Service Division (Water and Sewer Section) with one (1) truck-mounted high-pressure jet rodding machine for a net price of $85,938 00, based on a total price of $95,938 00 less trade-in of $10,000 00, the same having been the lowest bid received for this item #779-96 RESOLVED, that having considered a communication from Richard S Blomberg, Chairman of the Zoning Board of Appeals, dated August 2, 1996, and a communication from the Planning Commission, dated August 7, 1996, approved for submission by the Mayor, with respect to a review of Section 15 44 090 of the Livonia Code of Ordinances pertaining to fence regulations in residential districts, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation A communication from the Department of Law, dated August 5, 1996, re. administrative response to CR 379-95 - possible enactment of a three (3) member Fence Board of Appeals to hear cases regarding fence-related zoning issues -was received and placed on file for the information of the Council #780-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 5, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 379-95, regarding the possible establishment of a three- member Fence Board of Appeals to hear cases regarding fencing issues, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation #781-96 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated August 5, 1996, approved for submission by the Mayor, wherein it is requested that a budget adjustment to the 1995-96 budget be approved, transferring $70,000 00 from Account 101-000-618-030, Engineering Fees Revenue, to Account 101-234-813-000, Labor Relations Professional Fees, the Council does hereby authorize the said budget adjustment and transfer in the manner and form set forth in the aforementioned report. 29699 #782-96 RESOLVED, that having considered the report and recommendation of the Finance Director, dated August 12, 1996, approved for submission by the Mayor, and to which is attached a list of adjustments required for the 1996 budget, the Council does hereby authorize the said budget adjustments and transfers in the manner and form set forth in the attachment. #783-96 RESOLVED, that having considered a communication from the Department of Law, dated August 1, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 293-96, with respect to the proposed amendment to Section 090 of Title 2, Chapter 04 (City Council) of the Livonia Code of Ordinances, as amended, so as to allow any Councilmember to direct that a specific item be placed on the agenda of Study and Regular Meetings, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation A communication from the Engineering Department, dated July 22, 1996, re administrative response to CR 355-95 - lawn restoration in connection with work performed along Inkster Road between West Chicago and Joy Road -was received and placed on file for the information of the Council #784-96 RESOLVED, that Camborne Construction, Inc., 33177 Schoolcraft Road, Livonia, MI 48150, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision. Camborne Stark School Subdivision, to be located on the southwest corner of Stark Road and Pinetree Avenue in the Northwest 1/4 of Section 33, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated February 12, 1996, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on January 16, 1996, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated July 30, 1996, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions. (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Department and the Development Plans submitted by the 29700 proprietor and approved by such department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts A. General Improvement Bond $172,000 00 of which at least $ 10,000 00 shall be in cash 29701 B Sidewalk Bond $ 18,000 00 of which at least $ 4,000 00 shall be in cash C Grading & Soil Erosion $ 2,000 00 cash D Monuments & Lot Markers $ 640 00 (all cash) and require cash payments in the total amount of $15,105 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision. #785-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 31, 1996, which bears the signature of the Finance Director, is approved as to form by the City Attorney and approved for submission by the Mayor, to which is attached a letter from Joyce A. Schlachter, Department Executive, Engineering Division, Department of Public Services for Wayne County, dated July 10, 1996, and having considered the necessity for traffic signal modernization at several intersections from Plymouth Road to Six Mile Road along Newburgh Road, the Council does hereby approve and authorize the said traffic signal modernization, and for this purpose does hereby appropriate and authorize the expenditure of a sum not to exceed $43,456 00 from the Michigan Transportation Fund (Major Road Account), and the Mayor and City Clerk are hereby authorized to execute the referenced agreement (MDOT Contract No 96-5300) for and on behalf of the City of Livonia, and the City Clerk is requested to send a certified copy of this resolution to the Wayne County Department of Public Services, Division of Roads. A communication from the Inspection Department, dated July 23, 1996, re administrative response to CR 543-96 - the Lotto sign at Veri Party Store, located at 34395 Plymouth Road - was received and placed on file for the information of the Council #786-96 RESOLVED, that having considered a communication from the Planning Commission, dated July 17, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 630-94, with respect to the question of whether Lots 11, 12, 13 and 14 of Fairway Subdivision located on the south side of Eight Mile Road, between Gill Road and Ellen Drive, in the Northwest 1/4 of Section 4, should be rezoned from RUFB to a more appropriate zoning classification, the Council does hereby determine to take no further action with respect to this matter 29702 #787-96 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated July 15, 1996, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and Hegira Programs, Inc. for the period August 1, 1996, through July 31, 1997, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed hold harmless contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #788-96 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated July 15, 1996, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and Hegira Programs, Inc. for the period August 1, 1996, through July 31, 1997, the Council does hereby refer the subject matter herein to the Committee of the Whole for its report and recommendation #789-96 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated July 30, 1996, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and First Step for the period August 1, 1996, through July 31, 1997, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #790-96 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated July 30, 1996, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and First Step for the period August 1, 1996, through July 31, 1997, the Council does hereby refer the subject matter herein to the Committee of the Whole for its report and recommendation #791-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 18, 1996, which transmits its resolution 7-128-96, adopted on July 9, 1996, with regard to Petition 96- 6-2-21, submitted by Yvonne and Adnan Khazouz requesting waiver use approval to operate a limited service restaurant in an existing building located on the east side of Farmington Road between Plymouth Road and Van Court in the Northwest 1/4 of Section 34, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-6-2-21 is hereby approved and granted, subject to the following conditions 29703 1 That the number of customer seats shall be limited to no more than 24 seats, and 2. That the site deficiencies which are outlined in a letter dated June 24, 1996, from the Inspection Department shall be taken care of prior to the issuance of a Certificate of Occupancy #792-96 RESOLVED, that having considered a communication from Council President Joe Laura, dated August 6, 1996, the Council does hereby refer the subject of Bentley Center to the City Council/Schools Liaison Committee for its report and recommendation #793-96 WHEREAS, the City of Livonia has received a request from Allmand Associates, Inc. proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 (255) of the Public Acts of 1974 (1978), as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 2 66 acres lying in the Southwest 1/4 of Section 29, as more particularly described in the letter submitted by Allmand Associates, Inc., dated August 9, 1996, which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 63"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 63 2 This City Council sets Wednesday, October 2, 1996, at 8 00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above #794-96 WHEREAS, the City of Livonia has received a request from First Industrial, L.P , proposing the establishment of an industrial development district; and 29704 WHEREAS, pursuant to Act 198 (255) of the Public Acts of 1974 (1978), as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and few WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 14 93 acres lying in the South 1/2 of Section 30 (Parcel Nos 119-99-0018-001 and 119-99-0019-001) as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 64", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 64 2 This City Council sets Wednesday, October 2, 1996, at 8.00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above #795-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Varity Kelsey-Hayes, dated August 9, 1996, covering new industrial facilities to be located within City of Livonia Industrial Development District 46, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, October 2, 1996, at 29705 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, 3 Livonia, Michigan The Council hereby sets Wednesday, October 2, 1996, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #796-96 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, October 14, 1996, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item. Petition 96-7-1-14, submitted by the City Planning Commission, pursuant to Council Resolution 459-96, for a change of zoning of 57,000 sq. ft. 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, the City Planning Commission in its resolution 8- 146-96 having recommended to the City Council that Petition 96-7- 1-14 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 #797-96 RESOLVED, that the Council having considered a communication from the City Engineer, dated August 2, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of sidewalks on both sides of Eight Mile Road between Newburgh Road and Farmington Road, T 1S , R.9E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the 29706 number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of August 2, 1996, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, October 7, 1996, at 7 00 p m as the date and time for a public hearing on the necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura NAYS None On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #798-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated August 5, 1996, the Council does hereby discharge the Committee of the Whole from further consideration of Council Resolution 647-96 relating to Petition 94-8-1-18 submitted by Haggerty Road Investments for a change of zoning of property located on the east side of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Section 6, from OS to C-2 The Chair then called for a second reading on the foregoing matter, and there being no second reading offered by any councilmember, the matter died for lack of support. On a motion by McGee, seconded by Taylor, and unanimously adopted, it was 29707 #799-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolutions 810-91 and 421- 92, with respect to the issue of the allocation of 16th District Court Volunteer Work Program funds and the review of the budget of the 16th District Court, and having had discussions with the Finance Director, the Mayor and Mr Bruce M Berend of Plante & Moran, the Council does hereby refer the question of whether the City is required by law to approve of the Court budget and whether Work Program funds must be included in any such budget to the Department of Law for its report and recommendation, and whether Work Program funds are subject to the Finance Ordinance On a motion by McGee, seconded by Taylor, and unanimously adopted, it was. #800-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, and a letter from Charles L. Ferrero, 19319 Whitby, dated June 4, 1992, concerning the use of City-owned vehicles, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #801-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 515-92, regarding the question of establishing a policy relative to providing reimbursement and/or augmenting funds to a City Department whose budget has suffered a loss of anticipated revenue by reason of the City Council's approval of requests submitted by civic and charitable organizations requesting a waiver of fees and/or costs for activities conducted in the City of Livonia, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #802-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 565-92, with respect to the matter of renewal and extension of medical insurance coverage for City employees, the Council does hereby determine to take no further action with respect to this matter 29708 On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #803-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 851-92, and the report and recommendation of the Director of Finance, dated October 26, 1992, with respect to the subject of the amount required to be deposited into the City's retention fund to correct the deficit balance by the MMRMA, the Council does hereby determine to take no further action with respect to this matter A communication from the Acting Chief of Police, dated July 28, 1993, re administrative response to CR 954-92 - the amount of proceeds that the City will receive by the sale and disposal of vehicles to be replaced with the purchase of 13 patrol vehicles -was received and placed on file for the information of the Council On a motion by McGee, seconded by Taylor, and unanimously adopted, it "' was • #804-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 954-92, and the report and recommendation of the Acting Chief of Police, dated July 28, 1993, with respect to the amount of proceeds that the City will receive by the sale and disposal of the vehicles to be replaced with the purchase of 13 patrol vehicles, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #805-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 394-93, regarding the subject of the employment of a professional lobbyist by the City of Livonia, the Council does hereby determine to take no further action with respect to this matter 29709 On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #806-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 1001-93, regarding the issue of requiring newly hired employees to contribute toward the cost of providing hospitalization-medical coverage with respect to future employee contracts, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #807-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 184-95, with respect to the bid process and the procedure to be followed when there is a mistake in the bid, the Council does hereby refer the subject of the establishment of a policy in the event of a mistake in a bid and on the use of law bid bonds to the Director of Finance for a report and recommendation. On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #808-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 187-95, and a communication from the City Engineer, dated March 2, 1995, approved for submission by the Mayor, concerning the subject of a proposed comprehensive Annual Sidewalk Inspection Program, the Council does hereby refer the subject of potential changes to the Annual Sidewalk Inspection Program and coordination with the City's policy on trees in the City right-of-way to the Mayor for a report and recommendation On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #809-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 187-95, and a communication from the City Engineer, dated March 2, 1995, approved for submission by the Mayor, concerning the subject of a proposed comprehensive Annual Sidewalk Inspection Program, the Council does 29710 hereby refer this matter to the Streets, Roads and Plats Committee for tracking purposes On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #810-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 187-95, the communication from the Engineering Department, dated July 24, 1996, forwarding a "Sidewalk Repair Program" dated September 30, 1982 and adopted pursuant to Council Resolution 784-82, was received and placed on file for the information of the Council On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #811-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 420-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, including the subject of maintaining a low City tax rate through the budget process, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #812-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 422-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, including the subject of implementing programs for economic redevelopment through the Livonia Economic Development Office, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #813-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 424-95, and a 29711 communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, including the matter of utilizing creative sources of community support such as joint ventures between organizations and government, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #814-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 287-96, and a communication from Council President Joe Laura, dated March 11, 1996, with respect to the topic of the proposed change in classification of Secretary III in the ZBA office to Administrative Assistant, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Brosnan, it was #815-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 289-96, and a communication from Council President Joe Laura, dated March 11, 1996, with respect to the matter of whether references to "Chief' should be removed from job titles, the Council does hereby determine to take no further action with respect to this matter A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Feenstra. The President declared the resolution adopted On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #816-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 533-96, and the report and recommendation of the Director of Finance, dated May 7, 1996, approved for submission by the Mayor, submitted pursuant to CR 423-93, with regard to the status, including renewal dates, of the City's various insurance coverages, the Council does hereby determine to take no further action with respect to this matter 29712 On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #817-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 292-96, and a communication from Council President Joe Laura, dated March 11, 1996, with respect to the subject of recognizing police presence in City neighborhoods through community policing concepts, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Duggan, and unanimously adopted, it was #818-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 539-96, and the report and recommendation of the Chief of Police, dated May 13, 1996, approved for submission by the Mayor, concerning the feasibility of a program within the Police Department for redeployment of patrol cars into neighborhoods for greater protection and visibility, the Council does hereby direct the Chief of Police to phase in increased use of Police Reserves for neighborhood patrol in marked cars within collective bargaining limits On a motion by McGee, seconded by Duggan, and unanimously adopted, it was #819-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 539-96, and the report and recommendation of the Chief of Police, dated May 13, 1996, approved for submission by the Mayor, concerning the feasibility of a program within the Police Department for redeployment of patrol cars into neighborhoods for greater protection and visibility, the Council does hereby refer the subject of possible revision to rates and charges previously established for Police Reserve use to the Chief of Police for a report and recommendation On a motion by McGee, seconded by Duggan, and unanimously adopted, it was #820-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated 29713 July 23, 1996, submitted pursuant to Council Resolution 539-96, the Council does hereby take this means to request that the 16th District Court establish, as part of its schedule of fines imposed for municipal civil infractions, pursuant to MCL 600 8727, a fine for parking violations in handicapped spaces of $125 00 if paid in the first 48 hours and $200 00 thereafter On a motion by McGee, seconded by Duggan, and unanimously adopted, it was #821-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated July 23, 1996, submitted pursuant to Council Resolution 539-96, the Council does hereby direct the Chief of Police to implement a proposed plan to utilize Reserve Police Officers to issue tickets to handicapped parking violators within collective bargaining limits On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #822-96 RESOLVED, that the Council hereby requests a report and recommendation from the Department of Law regarding the City of Southfield's enforcement of handicapped parking violations using Reserve Police Officers Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 22 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 96-2-1-5) 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, as amended AN ORDINANCE AMENDING TITLE 2, CHAPTER 04 (CITY COUNCIL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 230 THERETO 29714 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 SUBSECTIONS 075D AND 075E OF CHAPTER 36 (OPERATING VEHICLE WHILE UNDER INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE) OF TITLE 10 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 took from the table, for second reading and adoption, 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) Cameron Piggott, of Dykema Gossett, spoke on behalf of the petitioner and gave a brief overview regarding this rezoning request. In addition, David Ippel of Oakwood Healthcare also addressed this matter From the audience, the following individuals spoke 1) Matt Glover, 37745 Northland - opposed to this rezoning Also submitted a petition with approximately 56 names in opposition, 2) Dan Barnes, 37573 Northland - raised questions about possibility of Seven Mile becoming a boulevard, 3) Lou Santo, 37600 St. Martins - opposed, and 4) Victor DiPonio - owns property behind Northland Also opposed to this A roll call vote was then taken on the foregoing Ordinance with the following result: AYES Feenstra and Laura NAYS Brosnan, Vandersloot, McGee, Taylor, and Duggan 29715 The President declared the foregoing Ordinance denied Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 035 AND 040C OF TITLE 8, CHAPTER 30 (SMOKING IN PUBLIC PLACES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Vandersloot, Taylor, and Duggan NAYS McGee, Feenstra, and Laura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 96-2-3-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Feenstra, it was #823-96 RESOLVED, that having considered a letter from Mr Robert Smith and Mr and Mrs John J Blaies, Jr , dated July 25, 1996, wherein a request is submitted for the vacating of a certain easement 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 Streets, Roads and Plats Committee for its report and recommendation 29716 The following individuals from the audience spoke 1) John Blaies, 19794 Merriman - indicated his main concern was getting the City to vacate the easement and to deny Clarenceville School District from putting sidewalk in along the easement. (He was also speaking for Robert Smith of 19790 Merriman ) 2) Tom Hagan, 31062 Pembroke - owns the house adjacent to this property In favor of the vacating in order to control that property better A roll call vote was then taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura. NAYS None The President declared the resolution adopted On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #824-96 RESOLVED, that having considered a letter from Craig S Corbell, Hunter Homes, Inc., 33966 Eight Mile Road, Suite 102, Farmington Hills, Michigan 48335, requesting an amendment to the Lot Split Ordinance to exclude models in new/recently approved subdivisions and site condominiums, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Duggan, it was #825-96 RESOLVED, that the Council does hereby refer the subject of new subdivision laws and lot splits to the Planning Department for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Duggan, and Laura. NAYS Taylor and Feenstra The President declared the resolution adopted On a motion by Feenstra, seconded by Duggan, it was RESOLVED, that having considered a communication from the City Assessor, dated July 23, 1996, approved for submission by the Mayor, with regard to a request from Mr Gregory Demopoulos of Helmkamp, Ellis, Abraham & Demopoulos, 19500 Victor Parkway, Suite 29717 290, Livonia, Michigan 48152, on behalf of Mr Kenneth Evans, 18871 Gary Lane, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for combining and dividing Tax Item Nos 46 044 99 0001 000 and 46 044 99 0002 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 On a motion by McGee, seconded by Vandersloot, it was RESOLVED, that the Council does hereby determine to substitute a resolution referring this proposed lot combination and split to the Committee of the Whole to further discuss the drainage problem in this area A roll call vote was taken on the motion to substitute with the following result: AYES Brosnan, Vandersloot, and McGee NAYS Taylor, Duggan, Feenstra, and Laura. The President declared the motion to substitute denied The following individuals from the audience spoke to this matter 1) Attorney Greg Demopoulos on behalf of the petitioner - indicated two homes are being proposed here There has been a flooding problem in this area, and indicated his client's development would alleviate this problem Asked that this matter be referred to a committee for further discussion 2) Marie Wyess, 17245 Doris - her lot abuts the property being considered for development. She has been experiencing flooding problems (passed out photos to the Council) and stated if this lot split is approved, she would like some assurance from the Council that her problem would be rectified 3) Glenn Lottie, 30320 Six Mile - his property is to the east of the proposed development. He has been having flooding problems since 1978. He is concerned that if this development is approved, nothing would be done regarding the flooding. A roll call vote was then taken on the originally proposed resolution by Feenstra, seconded by Duggan, as follows #826-96 RESOLVED, that having considered a communication from the City Assessor, dated July 23, 1996, approved for submission by the Mayor, with regard to a request from Mr Gregory Demopoulos of Helmkamp, Ellis, Abraham & Demopoulos, 19500 Victor Parkway, Suite 290, Livonia, Michigan 48152, on behalf of Mr Kenneth Evans, 18871 Gary Lane, Livonia, Michigan 48152, and in accordance with the 29718 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 combining and dividing Tax Item Nos 46 044 99 0001 000 and 46 044 99 0002 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 with the following result. AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura NAYS None The President declared the resolution adopted On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was. #827-96 RESOLVED, that the Council does hereby refer to the Engineering Department for its report and recommendation the subject of flooding problems at the rear of properties located at 30340 and 30330 Six Mile Road On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #828-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 12, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, concerning review and modification to the City's Stormwater Management Program to comply with the Federal requirements of the Clean Water Act, and to which is attached a proposed Inter-Agency Agreement for two pilot stormwater projects for Livonia, the Council does hereby authorize the Mayor, City Clerk and City Attorney to execute the Inter-Agency Agreement for and on behalf of the City of Livonia, subject to approval of the City Council, and to do all other things necessary or incidental to the full performance of this resolution On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #829-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 12, 1996, 29719 which bears the signature of the Finance Director and is approved for submission by the Mayor, concerning review and modification to the City's Stormwater Management Program to comply with the Federal requirements of the Clean Water Act, and to which is attached a proposed Inter-Agency Agreement for two pilot stormwater projects for Livonia, the Council does hereby authorize the Director of Public Works to solicit proposals from engineering firms to provide technical services on the development of a master Stormwater Management Plan for the City and complete the planning and design for the pilot stormwater projects On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #830-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 8, 1996, approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed lease agreement between the City of Livonia and AT&T Wireless PCS, Inc. for a period of five years with three successive five-year renewal periods for use of a portion of the radio tower located at the Police Station and the installation of an equipment shelter at the site at an annual rent of $24,000 00 to be paid to the City (which amount shall be increased by 4% per year), the Council does hereby refer this subject to the Communications Tower Committee for its report and recommendation John Rathbone, AT&T, 26957 Northwestern Hwy, Ste 305, Southfield, MI answered questions regarding the aforementioned item On a motion by Feenstra, seconded by Duggan, it was RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 8, 1996, approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed lease agreement between the City of Livonia and AT&T Wireless PCS, Inc. for a period of five years with three successive five-year renewal periods for use of a portion of the radio tower located at the Police Station and the installation of an equipment shelter at the site at an annual rent of $24,000 00 to be paid to the City (which amount shall be increased by 4% per year), the Council does hereby refer the subject matter of lease of space on the City's communications tower to the Committee of the Whole for its report and recommendation Feenstra and Duggan withdrew their motions on the foregoing resolution 29720 On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was lo"" #831-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 8, 1996, approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed lease agreement between the City of Livonia and AT&T Wireless PCS, Inc for a period of five years with three successive five-year renewal periods for use of a portion of the radio tower located at the Police Station and the installation of an equipment shelter at the site at an annual rent of $24,000 00 to be paid to the City (which amount shall be increased by 4% per year), the Council does hereby refer the subject of the financial aspects associated with the lease of space on the City's communication tower to the Legislative Committee for its report and recommendation On a motion by Feenstra, seconded by Vandersloot, it was RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 5, 1996, approved for submission by the Mayor, submitting the offer of Mary F Galasso, 19727 Pierson Drive, Northville, Michigan 48167, for the purchase of a vacant lot owned by the City of Livonia, located at 27423 Long, Lot 41, Argonne Subdivision, the Council does hereby determine to take no further action with respect to this matter On a motion by Taylor, seconded by Brosnan, it was RESOLVED, that the Council does hereby determine to substitute a resolution which would reschedule the foregoing request of Mary F Galasso to purchase vacant City property located at 27423 Long, in the Argonne Subdivision, to the next Study Meeting Mary Galasso apologized for not attending the prior Study Meeting When questioned, she replied she did not own the adjacent property, and stated that most homes in that area are built on nonconforming lots A roll call vote was taken on the motion to substitute as follows AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Feenstra The President declared the motion to substitute adopted On a motion by Taylor, seconded by Brosnan, it was 29721 #832-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 5, 1996, approved for submission by the Mayor, submitting the offer of Mary F Galasso, 19727 Pierson Drive, Northville, Michigan 48167, for the purchase of a vacant lot owned by the City of Livonia, located at 27423 Long, Lot 41, Argonne Subdivision, the Council does hereby determine to reschedule this matter to the next Study Meeting to take place on September 4, 1996, at 8 00 p m A roll call vote was taken on the foregoing resolution with the following result. AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Feenstra. The President declared the substitute resolution adopted On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #833-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 1, 1996, approved for submission by the Mayor, the Council does hereby authorize the release to Lendrum & Ronayne Development Inc., 30138 Old Bedford, Farmington Hills, Michigan 48331, the proprietor of Fox Creek Meadows Subdivision, located in the Southwest 1/4 of Section 5, of the financial assurances previously deposited pursuant to Council Resolution 257-89, adopted on March 22, 1989, and subsequently amended by Council Resolution 742-89 adopted on August 14, 1989, Council Resolution 933- 89 adopted on October 4, 1989, Council Resolution 969-90 adopted on October 24, 1990, and Council Resolution 942-92 adopted on December 9, 1992, specifically. a) Sidewalk Bond $5,000 00 ($2,500 00 minimum cash), b) Grading & Soil Erosion Bond $7,200 00 ($2,000 00 minimum cash), FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia On a motion by Feenstra, it was RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 6, 1996, which bears 29722 the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Cadillac Asphalt Paving Company, P 0 Box 817, Novi, Michigan 48376, for completing all work in connection with the improvement of Savoie and Grove, south of Six Mile, east of Middlebelt (Contract 96-G) for the estimated total cost of $376,612 24 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, and FURTHER, the sum of $223,540 56 is hereby appropriated 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 available from the payment of assessments by affected property owners, and the sum of$153,071 68 is hereby appropriated from the Local Road Account of the Michigan Transportation Fund to pay for the City's portion of the project; 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 The President declared the motion denied for lack of support. On a motion by Duggan, seconded by Taylor, it was #834-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 6, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to the improvement of Savoie and Grove Streets, south of Six Mile, east of Middlebelt, the Council does hereby determine to reject all bids received on August 5, 1996, and to have this project rebid A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Feenstra. The President declared the resolution adopted Councilmember Duggan left the podium at 9 55 p m due to a conflict of interest regarding his real estate company's representation of the petitioner On a motion by Feenstra, seconded by Taylor, it was 29723 #835-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 19, 1996, which transmits its resolution 7-129-96, adopted on July 9, 1996, with regard to the proposed preliminary plat of Cross Winds Court Subdivision to be located on the north side of Six Mile Road between Stamwich and Merriman in the Southwest 1/4 of Section 11, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on July 9, 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 such improvements, and to the following additional conditions 1 That a landscape plan for the proposed 15 foot wide greenbelt easement located along the west, north and east property lines shall be submitted to the Planning Commission and City Council for approval prior to approval of the final plat, and 2 That a plan for the required entrance marker shall be submitted to the Planning Commission for approval prior to approval of the final plat; FURTHER, the Council does hereby waive the open space requirement of the Subdivision Rules and Regulations A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Feenstra, and Laura. NAYS None The President declared the resolution adopted Duggan returned to the podium at 9.56 p m On a motion by Feenstra, seconded by Taylor, it was #836-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 30, 1996, which transmits its resolution 7-142-96, adopted on July 23, 1996, with regard to Petition 96-6-8-9 submitted by Don Summers, requesting site plan approval in connection with a proposal to construct two office buildings on property located at 15130 Levan Road in the Northeast 1/4 of Section 20, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the 29724 recommendation of the Planning Commission and Petition 96-6-8-9 is hereby approved and granted, subject to the following conditions 1 That the Site Plan dated July 30, 1996, as revised, and which shall be further revised so as to provide for parking lights which have a maximum height of not to exceed 20 ft., which is hereby approved, shall be adhered to, 2 That the Landscape Plan dated July 15, 1996, as revised, and which shall be further revised so as to provide for the extension of a 6 foot high masonry protective wall for a distance of not less than 60 feet along the north property line, is hereby approved and shall be adhered to, 3 That underground sprinklers are to provided for all new landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Building Elevation Plans dated July 1, 1996 and July 22, 1996, which are hereby approved, shall be adhered to, 5 That the trash dumpster areas are to be enclosed on three sides with the same brick used in the construction of the principal building, and the wooden enclosure gates shall open toward the petitioner's property, and when not in use, shall be maintained and closed at all times and shall be relocated to the north/south property line, 6 That the greenbelt along the south property line shall be substituted for the protective wall required by Section 18 45 of Zoning Ordinance No 543, 7 That all lights in the parking lot shall be extinguished at 10.30 p m or one-half hour after the closing, whichever comes first; 8 That the trash shall be picked up between the hours of 9.00 a.m and 500pm , and 9 That the walls shall be poured walls, simulated brick, and painted on the neighbors' side according to their agreement. The following individuals spoke regarding this matter. 1) Dan Dubay, 15017 Woodside - handed out a letter from some of the Rennolds Ravines' neighbors stating that they wanted a 6' brick wall in lieu of a poured concrete wall He stated that seven (7) homes are involved, 29725 2) Don Summers (petitioner) - indicated that there is a greater longevity with poured concrete vs brick walls, and the cost is much greater for brick. They have tried to be very cooperative with the neighbors, 3) Carl Short, 15065 Woodside - will share a property line with the development. He is looking for a compromise - something aesthetically pleasing that will provide security He's looking far a "win win" solution, he wants a brick wall, 4) Cecilia Coffey, 15099 Woodside - In favor of the brick wall She also indicated that the wall is proposed to be 6" from her property line and is concerned about people/things being on her property during construction, 5) Monika Beuerle, 15081 Woodside - a major concern of hers is also the noise There is a hospital heliport across the street and a brick wall is the best thing to put there She does not want to look at the "Berlin wall", 6) Robert Biegas, 15043 Woodside - would like the brick wall, 7) Dan Dubay, 15017 Woodside - asked the Council to consider the neighbors and the high quality and standards set for the neighborhood They would like the brick wall, 8) Don Summers - stated a brick wall would probably cost double He would be willing to paint the wall any color the neighbors wanted, and 9) Carl Short, 15065 Woodside - indicated there are also maintenance problems with poured concrete walls and that he had seen some in disrepair A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura NAYS None The President declared the resolution adopted On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #837-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Ford Motor Company, dated March 8, 1996, covering new industrial facilities to be located within City of Livonia Industrial Development District No 1, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Ford Motor Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in 29726 fact been conducted at 8 00 p m , on Wednesday, August 14, 1996, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Ford Motor Company, finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Ford Motor Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No 1 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an industrial facility exemption certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates Gerald Snider, Ford Motor Company, addressed the foregoing matter, stating that 93% of equipment they would be buying would be from U S vendors On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #838-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Tooling & Equipment International Corporation, dated June, 1996, covering new industrial facilities to be located within City of Livonia Industrial Development District No 46, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the 29727 proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Tooling & Equipment International Corporation, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8 00 p m , on Wednesday, August 14, 1996, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Tooling & Equipment International Corporation, finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Tooling & Equipment International Corporation covering new industrial facilities to be located within the City of Livonia Industrial Development District No 46 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an industrial facility exemption certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates The President of Tooling & Equipment International addressed the foregoing, stating that 100% of their vendors are U S , and summarized the tax abatement for the Council 29728 On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #839-96 RESOLVED, that the Council does hereby refer the matter of Public Act 198 tax abatements to the Finance, Insurance and Budget Committee for its consideration. On a motion by Feenstra, seconded by Duggan, it was #840-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 24, 1996, which sets forth its resolution 6-82-96, adopted on June 4, 1996, with regard to Petition 96-2- 1-4, submitted by the City Planning Commission, pursuant to Council Resolution 838-95, for a change of zoning of property in the Dohany Subdivision located south of Seven Mile Road between Gillman and Harrison Avenues in the Northeast 114 of Section 12, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on August 14, 1996, at 8 00 p m., pursuant to Council Resolution 631-96, the Council does hereby reject the recommendation of the Planning Commission and Petition 96-2-1-4 is hereby denied for the following reasons 1 That the proposed change of zoning is unnecessary in order for the owners of property proposed to be rezoned to continue using their land for residential purposes, and 2. That the proposed change of zoning was not requested by the affected property owners The following individuals from the audience spoke regarding this matter 1) Tom Gobal (sp?) - indicated he hoped the Council would support the Planning Commission on a change to R-1 zoning, both the Planning Department and the Planning Commission supported this change At the least, he asked Council to table this matter; 2) Elaine Daghir, 18490 Brentwood - stated she was against this change of zoning, and that she was assured there was no plan to put Harrison through, 3) Barbara MacKay, 18530 Brentwood - she circulated a petition three (3) years ago against rezoning here, 99% of people on Lathers and Brentwood were opposed; and 4) Susan Kean, 18550 Brentwood - also opposed to rezoning A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura. NAYS None 29729 The President declared the resolution adopted. 4111iir On a motion by Feenstra, seconded by Taylor, it was #841-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 25, 1996, which sets forth its resolution 6-89-96, adopted on June 4, 1996, with regard to Petition 96-3- 1-7, submitted by Robert Lewis (Winter Garden Bar) for a change of zoning of property located on the west side of Westmore Avenue, north of Seven Mile Road, in the Southwest 1/4 of Section 3, from R-1 to P, and the Council having conducted a public hearing with regard to this matter on August 14, 1996, at 8 00 p m., pursuant to Council Resolution 631-96, the Council does hereby approve Petition 96-3-1-7 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 A roll call vote was taken on the foregoing resolution with the following result: AYES McGee, Taylor, Duggan, Feenstra, and Laura. NAYS Brosnan and Vandersloot. The President declared the resolution adopted On a motion by Feenstra, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 24, 1996, which sets forth its resolution 6-86-96 adopted on June 4, 1996, with regard to Petition 96-2- 6-1, submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 18 50D of Zoning Ordinance 543, as amended, with regard to real estate signs, and the Council having conducted a public hearing with regard to this matter on August 14, 1996, at 8 00 p m , pursuant to Council Resolution 631-96, the Council does hereby approve Petition 96-2-6-1 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution The President declared the motion denied for lack of support. On a motion by Duggan, seconded by Brosnan, it was 29730 #842-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 24, 1996, which sets forth its resolution 6-86-96 adopted on June 4, 1996, with regard to Petition 96-2- 6-1, submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 18 50D of Zoning Ordinance 543, as amended, with regard to real estate signs, and the Council having conducted a public hearing with regard to this matter on August 14, 1996, at 8 00 p m , pursuant to Council Resolution 631-96, the Council does hereby refer this subject matter to the Legislative Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS Feenstra, The President declared the resolution adopted On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #843-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 24, 1996, which sets forth its resolution 6-87-96 adopted on June 4, 1996, with regard to Petition 96-2- 6-2, submitted by the City Planning Commission, pursuant to Council Resolution 376-95, to determine whether a possible amendment to Section Z10(4) of the Zoning Ordinance 543, as amended, shall be made to increase the square footage of attached garages to 900 square feet without accessory building, with a limit of vehicle openings to three, with the provisions regarding detached garages and lot coverage percent (including front yards, side yards and rear yards) to remain as is, and the Council having conducted a public hearing with regard to this matter on August 14, 1996, at 8.00 p m , pursuant to Council Resolution 631-96, the Council does hereby approve Petition 96-2-6-2 for preparation of the ordinance for submission to Council, and 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 #844-96 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 386, more particularly described in Council Resolution 471-96, adopted on May 8, 1996, as required by the provisions of the City Charter and Title 3, 29731 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 the Orangelawn Woods Subdivision No 2 in said Special Assessment District No 386, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of the installation of 100-watt high pressure sodium lights on davitt poles with underground wiring for the Orangelawn Woods Subdivision No 2 in the Northeast 1/4 of Section 33, and that the assessments set forth in said Special Assessment District No 386 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 386 based on installation of 100-watt high pressure sodium lights on davitt poles with underground wiring 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 $3,700 00 is hereby authorized from the cash payments posted by the developer of the Orangelawn Woods Subdivision No 2 in order to defray the Detroit Edison contribution-in-aid costs connected with this street light installation project. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was. #845-96 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 9, 1996, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submitted in writing a "Waiver of Notice and Proceedings" in accordance with Section 3 08 130 of said Code of Ordinances, as amended, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of three (3) 100-watt high pressure sodium lights on davitt poles with 29732 underground wiring on Stark Road in the Southeast 1/4 of Section 21, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated August 9, 1996, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows That part of the S E 1/4 of Section 21, T 1 S , R. 9 E , described as beginning at a point distant N 0°49'15" West along the North and South 1/4 line of said Section 21 1,308 82 feet and S 89°04'15" East, 86 feet from the South 1/4 corner of Section 21 and proceeding thence N 0°08'54" West, 350 feet; thence S 89°04'15" East, 1,233 02 feet; thence S 0°08'54" East, 350 feet; thence N 89°04'15" West, 1,233 02 feet to the point of beginning except the East 43 feet thereof (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated August 9, 1996, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #846-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 30, 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, 29733 accept a cash donation in the amount of $2,870 00 from the Plastomer Corporation, FURTHER, the Council does hereby appropriate and credit the same to Account #702-000-285-215 for use in the Livonia Youth Iwo Assistance Program On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. #847-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 1, 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 a cash donation in the amount of$295 00 from the Peter Muller Memorial, FURTHER, the Council does hereby appropriate and credit the same to Account#702-000-285-215 for use in the Livonia Youth Assistance Program On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #848-96 RESOLVED, that having considered a communication from the Chief of Police, dated July 29, 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 cash donations in the amount of $40,034 50 from the contributors set forth in the attachment, the same to be deposited in and credited to Account #702-000-285-211 for use in the D.A.R.E Program On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #849-96 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated August 12, 1996, approved for submission by the Mayor, and to which is attached a letter from the President of the Livonia Rotary Club, dated July 20, 1996, the Council does, for and on behalf of the City of Livonia, accept the gift of a new play structure for Rotary Park. On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #850-96 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. 29734 On a motion by Feenstra, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 20, 1996, submitted pursuant to Council Resolution 632-96, and the report and recommendation of the 16th District Court, dated June 17, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, in connection with the installation of a burglary detection, alarm and communications system and a closed circuit camera system for the 16th District Court, the Council does hereby reject all bids received in connection with this item and does hereby authorize the 16th District Court, together with the Finance Director, to do all things necessary to prepare specifications and obtain new bids for this project in accordance with the provisions set forth in the Finance Ordinance, the same to be thereafter submitted to Council for its consideration A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Feenstra, and Laura. NAYS Vandersloot, McGee, Taylor, and Duggan The President declared the resolution denied On a motion by Taylor, seconded by Vandersloot, it was #851-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 20, 1996, submitted pursuant to Council Resolution 632-96, and the report and recommendation of the 16th District Court, dated June 17, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Safety Systems, Inc , P 0 Box 1079, Jackson, Michigan 49204, for completing all work in connection with the installation of a burglary detection, alarm and communications system and a closed circuit camera system for the 16th District Court for the sum of$34,093 40, the Council having determined to accept such bid in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation, and the bid of Security Designs, Inc. is hereby rejected for the reasons indicated in the attachment; FURTHER, the Council does hereby authorize a budget adjustment increasing the Court Fines Revenue Account No 101-000- 656-000 and the Court Capital Outlay Expense Account No 101-141-987- 000 each by $34,093 40 to reflect the transfer of $34,093 40 from the Voluntary Work Program to pay for such security improvements, and the 16th District Court Administrator 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 29735 City of Livonia with the aforesaid bidder and to do all other things Imo necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, and Duggan NAYS Brosnan, Feenstra, and Laura The President declared the resolution adopted Chris Lipinski, Security Designs, Inc , addressed the foregoing matter, stating that his company had installed this system in the Federal Court in downtown Detroit, and that if investigated, the Council would have found an award to his company appropriate On a motion by Feenstra, seconded by Vandersloot, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 20, 1996, submitted pursuant to Council Resolution 637-96, and a communication from B Beslach, owner of The Sideline restaurant located at 36000 Seven Mile Road, requesting permission to enclose the patio area on the east side of the restaurant, the Council does hereby grant permission as requested so as to allow the enclosure of the patio on the east side of the restaurant with aluminum wrought iron black fence, which shall be 42" in height. On a motion by Duggan, seconded by Brosnan, it was RESOLVED, that the Council does hereby determine to substitute a resolution to deny the aforementioned fence enclosing the patio area on the east side of The Sideline restaurant. A roll call vote was taken on the motion to substitute with the following result. AYES Brosnan, McGee, Taylor, and Duggan NAYS Vandersloot, Feenstra, and Laura The President declared the motion to substitute adopted On a motion by Duggan, seconded by Brosnan, it was #852-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 20, 1996, submitted pursuant to Council Resolution 637-96, and a communication from B Beslach, owner of The Sideline restaurant located at 36000 29736 Seven Mile Road, requesting permission to enclose the patio area on the east side of the restaurant, the Council does hereby determine to deny this request inasmuch as no demonstrated need for same has been presented at this time A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, McGee, Taylor, and Duggan NAYS Vandersloot, Feenstra, and Laura The President declared the substitute resolution adopted On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #853-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 20, 1996, submitted pursuant to Council Resolution 661-96, and a communication from the City Planning Commission, dated May 10, 1996, which sets forth its resolution 4-55-96, adopted on April 30, 1996, with regard to Petition 96-3-1-6, submitted by Beck Development Company for a change of zoning of property located on the east side of Middlebelt Road between Joy Road and Grandon Avenue in the Southwest 1/4 of Section 36, from RUF, OS, C-1 and P to R-C, and the Council having conducted a public hearing with regard to this matter on July 1, 1996, at 8.00 p m., pursuant to Council Resolution 493-96, the Council does hereby approve Petition 96-3-1-6 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution From the audience, Dave Holman, 9019 Oxbow, presented a petition to the Council that had 33 out of 35 signatures from homeowners on Oxbow and Grandon who were opposed to the aforementioned rezoning (2 of which were not home) On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #854-96 RESOLVED, that having considered a communication from Fernon P Feenstra, Councilmember and Member of the Livonia Anniversary Committee, Inc , dated August 23, 1996, with respect to the donation of an activities sign for the advertisement of SPREE events and 29737 other community events occurring throughout the year, the Council does hereby accept said donation and refers the subject of its use and location to the Capital Improvement Committee for its report and recommendation On a motion by McGee, seconded by Brosnan, it was RESOLVED, that having considered the Veto by the Mayor, dated August 26, 1996, of Resolution #752-96 adopted by the City Council on August 12, 1996, the City Council does hereby readopt said Resolution #752-96 the same as if it were word for word repeated herein Mayor Kirksey addressed the foregoing matter, giving several reasons for his decision to veto this matter (as outlined in his correspondence to the Council dated August 26, 1996) and asked the Council to reconsider their decision From the audience, Harold Dunne, 18745 Fairway, asked the Council to affirm the Mayor's veto and not to override it. He stated that no good questions were asked of AMC with respect to this proposal Also, Ray Tent, 18051 Deering, complimented the Mayor for responding to the peoples' wishes and for being a "real hero" to the people A roll call vote was then taken on the proposed resolution by McGee, seconded by Brosnan, as follows #855-96 RESOLVED, that having considered the Veto by the Mayor, dated August 26, 1996, of Resolution #752-96 adopted by the City Council on August 12, 1996, the City Council does hereby readopt said Resolution #752-96 the same as if it were word for word repeated herein. with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura NAYS None The President declared the resolution adopted During audience communication, the following individuals spoke 1) Ray Tent, 18051 Deering - commented on the vacant George Burns Theater; and 2) Dave Holman, 9019 Oxbow - indicated to the Council that there is a rat problem in his neighborhood. He just found out about it when he was circulating a petition in opposition to the rezoning request by Beck Development (Petition 96-3-1-6) 29738 On a motion by Brosnan, seconded by McGee, and unanimously adopted, it was #856-96 RESOLVED, that the Council does hereby request the Inspection Department to investigate the rodent complaints in the neighborhood surrounding 9019 Oxbow and to submit its report and recommendation regarding same On a motion by McGee, seconded by Brosnan, and unanimously adopted, this 1,327th Regular Meeting of the Council of the City of Livonia was adjourned at 11 34 p m., August 26, 1996 .tl a & $Aj J• :n McCotter, City Clerk