Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1996-07-08 29602 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 8, 1996, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Taylor delivered the invocation Roll was called with the following result: Gerald Taylor, Brian Duggan, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, and Joe Laura Absent: Fernon P Feenstra (out of town) Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Finance Director; Edith Davis, Personnel Director; John Fegan, Director of Inspection, Robert J Beckley, Director of Public Works, Ronald Reinke, Superintendent of Parks and Recreation, Linda McCann, Director of Community Resources, and Joseph F Mysliwiec, Court Administrator On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #608-96 RESOLVED, that the minutes of the 1,323rd Regular Meeting of the Council of the City of Livonia, held June 19, 1996, are hereby approved as submitted At the direction of the Chair, Items 1 and 22 were removed from the Consent portion of the Agenda. On a motion unanimously introduced, seconded and adopted, it was. #609-96 WHEREAS, Suzanne T Wisler served as Director of the Department of Community Resources from 1984 until 1996, and, in that capacity, was responsible for administering annual budgets in excess of $1 7 million and overseeing five major divisions, including the City's 29603 Senior Citizen services and program, Cable TV operations and franchise, Youth Assistance Program, community volunteer programs, and historical and cultural events and facilities, and WHEREAS, prior to that time, from 1983 to 1984, Sue Wisler served as a Program Supervisor of the City's Cable TV division, and was responsible for implementing the first Cable Television franchise in the City, instituting policies and procedures for complaints, budget, access funds and programming, coordinating government programming, and serving as the primary liaison between the City, the Cable Commission, Livonia's schools and colleges, residents and the cable company; and WHEREAS, from 1979 to 1983, Sue Wisler served as coordinator of the City's senior citizen programs, and was responsible for operating two senior citizen centers, completing major renovations at both facilities, increasing in-home services, transportation and nutrition programs, and coordinating with agencies to bring services and activities to seniors, and WHEREAS, from 1974 to 1979, Sue Wisler served the City as a part- time program supervisor of special projects, writing applications of grants and awards, overseeing building modifications, and writing staffing plans and work flow procedures, and WHEREAS, from 1961 to 1979, Sue Wisler taught elementary school, with particular emphasis on innovative program for individualized instruction, open classrooms and gifted children NOW, THEREFORE, BE IT RESOLVED, in recognition of Sue Wisler's outstanding service to the City of Livonia and its residents for over 20 years, ably administering, supervising, and delivering services to residents, the Livonia City Council does take this means to recognize and thank Suzanne T Wisler for her exemplary performance and contributions to our community and to wish her every success in her future endeavors No one wished to speak during the Audience Communication portion of the meeting A communication from the Department of Finance, dated June 13, 1996, re. forwarding various financial statements of the City of Livonia for the month ending May 31, 1996, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Brosnan, it was #610-96 RESOLVED, that having considered an application from Sue Quinn, 18947 Floral, dated June 10, 1996, requesting permission to close 29604 Floral between Seven Mile and Clarita on Saturday, July 20, 1996, from 9 00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #611-96 RESOLVED, that having considered an application from Carol Shea, 19277 Hardy, dated June 11, 1996, requesting permission to close Hardy between Ingram and Parker on Sunday, July 28, 1996, from 5 00 p m. to 9 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 18, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #612-96 RESOLVED, that having considered a communication from the City Assessor, dated May 31, 1996, approved for submission by the Mayor, with regard to a request from Mr David Zynda, 18325 Filmore, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed combination of Tax Item Nos 46-033-01-0253-000 and 46-033-01-0254-000 into one parcel, the legal description of which shall read as follows. Lots 253 and 254, Seven Mile Super Highway Subdivision, of the East 1/2 of the Northeast 1/4 of Section 9, Town 1 South, Range 9 East, Livonia Township (now City), Wayne County, Michigan Recorded in Liber 53, Page 50 Plats W C R. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds #613-96 RESOLVED, that having considered a letter from Robert R. Cook, Secretary/Treasurer of VA Fund Raiser for Fun, Inc., received in the Office of the City Clerk on June 17, 1996, the Council does hereby take this means to indicate that VA Fund Raiser for Fun, Inc. is recognized by the City of Livonia as a non-profit organization and that the City of Livonia has no objection to a license being issued to VA Fund Raiser for Fun, Inc. for conducting a raffle #614-96 RESOLVED, that having considered a letter from Richard George, President of the Alternating Hemiplegia Foundation (A.H F ), dated June 7, 1996, the Council does hereby take this means to indicate that the Alternating Hemiplegia Foundation is recognized by the City of Livonia as a non-profit organization operating in the community and that the City of Livonia has no objection to a gaming license being issued to A.H F by the Michigan Bureau of State Lottery 29605 A communication from the City Clerk, dated June 13, 1996, re the results of the Annual School Election for the Clarenceville School District, held Monday, June 10, 1996, was received and placed on file for the information of the Council A communication from the City Clerk, dated June 17, 1996, re the tax rate levy request for the Clarenceville School District to be levied in July of 1996, was received and placed on file for the information of the Council A communication from the City Clerk, dated June 17, 1996, re the tax rate levy for 1996 for the Wayne County Regional Educational Service Agency was received and placed on file for the information of the Council #615-96 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 11, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3138 6/96, the Council does hereby determine to accept the bid of Wink Chevrolet Co , 10700 Ford Road, Dearborn, Michigan 48126, for supplying the Public Service Division (Water and Sewer Section) with two (2) 1997 cabs and chassis with service bodies for a net price of $130,160 78, based on a total price of $136,160 78 less trade-ins of $6,000 00, the same having been in fact the lowest bid received and meets all specifications #616-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 12, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached the final estimate dated June 12, 1996, the Council does hereby authorize final payment in the amount of $531 25 to Tri-County Tree Expert Company, 455 E. St. Clair, Romeo, Michigan 48065, which sum includes the full and complete balance due on the contract authorized in Council Resolution 77-96 in the amount of$24,045 00, the actual contract amount completed to date being $25,778 50, in connection with the 1996 Tree and Stump Removal Program, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications #617-96 RESOLVED, that having considered a communication from the Mayor, dated June 4, 1996, approved as to form by the Chief Assistant City Attorney, with respect to the proposed transfer of approximately 31% of Time Warner Inc 's (TWI) stock to shareholders of 29606 Turner Broadcasting System, Inc (TBS) in connection with Time Warner's acquisition of Turner Broadcasting System, the Council does hereby approve and authorize the transfer of approximately 31% of Time Warner Inc stock to the shareholders of Turner Broadcasting System, Inc., pursuant to Section 5-1806(a)(3) of the Cable Television Franchise Ordinance 1685 #618-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 5, 1996, and the report and recommendation of the Chief of Police, dated May 31, 1996, approved for submission by the Mayor, in connection therewith, the Council does hereby recommend approval of the request from B J 's of Michigan, Inc. to transfer stock in 1995 Class C licensed business with Entertainment Permit, Official Permits (Food & Golf), Outdoor Service (one area), and two bars, located at 36000 Seven Mile Road, Livonia, Michigan 48152, Wayne County, by dropping Robert J Kuretich, deceased, as stockholder through transfer of his 37,500 shares to new stockholder, Violet Kuretich, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A communication from the Division of Police, dated May 16, 1996, re administrative response to open Council Resolution 762-95 - possible rotation of towing companies to perform vehicle towing services -was received and placed on file for the information of the Council A communication from the Division of Police, dated June 12, 1996, re administrative response to open Council Resolution 515-96 - citizen complaint regarding loitering on Sunset -was received and placed on file for the information of the Council #619-96 RESOLVED, that having considered the report and recommendation of the Chief of Police, 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 Dexon Computer, 9100 Bloomington Freeway, Suite 147, Minneapolis, Minnesota 55431- 2251, for supplying the Police Department with the hardware necessary to complete the upgrade of the Police Department's computer-aided dispatch system for the price of $20,860 00, the same having been in fact the lowest bid received and meets all specifications 29607 #620-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 6, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 49-93, with regard to a proposal to establish a special hunting season through a lottery for Livonia residents in 1994 to address the continuing problem of a growing resident population of Canadian geese, the Council does hereby determine to take no further action with respect to this matter #621-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 4, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 296-93, with respect to a proposal to establish skateboard parks or designate specific areas to be constructed for skateboarding which would be open to the public, the Council does hereby determine to take no further action with respect to this matter A communication from the Department of Parks and Recreation, dated June 5, 1996, re administrative response to open Council Resolutions 584-93 and 298-95 - proposal to install appropriate signs which identify locations and boundaries of lands which are zoned NP (Nature Preserves) as well as to conduct an annual survey on the condition of such lands -was received and placed on file for the information of the Council #622-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 4, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 242-96, regarding the subject of the feasibility of installing fencing along the north boundary of Greenbriar Park located on the north side of Lyndon Avenue between Yale Avenue and Ellen Drive in the Northwest 1/4 of Section 21, the Council does hereby determine to take no further action with respect to this matter #623-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 4, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 377-96, with respect to the establishment of an "Adopt-A-Park" program of corporate sponsorship in exchange for recognition of the sponsor, the Council does hereby refer this matter to the Parks and Recreation Commission for its report and recommendation Ear relative to the type and size of appropriate signs and the appropriate amount to be paid for sponsorship of a park. 29608 #624-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 4, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 377-96, with respect to the establishment of an "Adopt-A-Park" program of corporate sponsorship in exchange for recognition of the sponsor, the Council does hereby refer this item to the Streets, Roads and Plats Committee for tracking purposes #625-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 12, 1996, which transmits its resolution 6-84-96, adopted on June 4, 1996, with regard to Petition 96-5- 2-20, submitted by DiComo Associates, Inc. requesting waiver use approval to operate a full service restaurant within an existing building located on the south side of Eight Mile Road, west of Farmington Road, in the Northeast 1/4 of Section 4, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-5-2-20 is hereby approved and granted, subject to a limitation on the number of customer seats not to exceed one hundred twenty (120) seats and also subject to the following conditions: 1 That the sign package shall be brought back before the Planning Commission and City Council for their review and approval, 2 That the conditions referenced in the letter dated May 20, 1996, from the Inspection Department be addressed and accomplished prior to the Certificate of Occupancy being issued, and 3 That the landscaping be upgraded in an appropriate manner #626-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 13, 1996, which transmits its resolution 6-98-96, adopted on June 4, 1996, with regard to a Sign Permit Application, submitted by Four Oaks Management requesting approval for two ground signs for property at 8811-8899 Newburgh in the Southeast 1/4 of Section 31, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the Sign Package by Lubin/Tringali Associates, as received by the Planning Commission on May 14, 1996, is hereby approved and shall be adhered to, 2 That the materials used in the construction of the signs shall match that of the shopping center; and 3 That the signage shall not be illuminated beyond one hour after the center closes 29609 #627-96 RESOLVED, that having considered a letter from Deborah J Redick, Public Relations Director, Livonia Jaycees, P 0 Box 2039, Livonia, Michigan 48151, dated June 17, 1996, and a letter from Katherine Whitaker, Chairperson/Director of the Livonia Jaycees, dated June 21, 1996, which request permission to display 22" x 16" signs announcing a rummage sale to be held on Friday, July 12, 1996, through Sunday, July 14, 1996, at the Livonia Jaycees Clubhouse, at the following intersections, and which signs would be installed the evening of July 11, 1996, and removed the evening of July 14, 1996 NW corner of Merriman/West Chicago NE corner of Farmington/West Chicago SW corner of Merriman/Plymouth NE corner of Merriman/Plymouth SE corner of Farmington/Plymouth NW corner of Farmington/Plymouth SE corner of Merriman/Schoolcraft SE corner of Farmington/Schoolcraft the Council does hereby approve of and concur in this request in the manner and form herein requested #628-96 WHEREAS, the City Clerk has received an Application for 1. 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, 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, August 14, 1996, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 3 The Council hereby sets Wednesday, August 14, 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 29610 #629-96 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, 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, August 14, 1996, at 8.00 p m at the Livonia City Hall, 33000 Civic Center Drive, 3 Livonia, Michigan The Council hereby sets Wednesday, August 14, 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 #630-96 WHEREAS, pursuant to the direction of the City Council in its resolution 471-96, adopted on May 8, 1996, and in accordance with Section 3 08 140 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 30, 1996, an assessment roll dated May 30, 1996, for the proposed improvement 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, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 471-96, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for 29611 public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, August 14, 1996, at 8 00 p m to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of August 14, 1996, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office #631-96 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, August 14, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 96-2-6-1, as amended, submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 18 50D with regard to real estate signs, the City Planning Commission in its resolution 6-86-96 having recommended to the City Council that Petition 96-2-6-1, as amended, be approved, (2) 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 2 10(4) of the Zoning Ordinance 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, the City Planning Commission in its resolution 6-87-96 having recommended to the City Council that Petition 96-2-6-2 be approved, (3) 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 1/4 of Section 12, from RUF to R-1, the City Planning Commission in 29612 its resolution 6-82-96 having recommended to the City Council that Petition 96-2-1-4 be approved, and (4) Petition 96-3-1-7, submitted by Robert Lewis (Winter Garden Bar) 4100 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, the City Planning Commission in its resolution 6-89-96 having recommended to the City Council that Petition 96-3-1-7 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: law AYES Taylor, Duggan, Brosnan, Vandersloot, McGee, and Laura. NAYS None On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was: #632-96 RESOLVED, that having considered 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, with regard to 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 refer this matter to the Committee of the Whole for its report and recommendation. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. #633-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 12, 1996, which transmits its resolution 6-83-96, adopted on June 4, 1996, with regard to Petition 96-5- 29613 2-19, submitted by Gary M Mulka requesting waiver use approval to operate a limited service restaurant within an existing building located on the north side of Plymouth Road, west of Priscilla Lane, in the Southwest 1/4 of Section 28, which property is zoned C-1, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was #634-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 12, 1996, which transmits its resolution 6-83-96, adopted on June 4, 1996, with regard to Petition 96-5- 2-19, submitted by Gary M Mulka requesting waiver use approval to operate a limited service restaurant within an existing building located on the north side of Plymouth Road, west of Priscilla Lane, in the Southwest 1/4 of Section 28, which property is zoned C-1, the Council does hereby refer the matter of the maintenance of this property and also the matter of the parking problem related to the Budget rental facility to the Inspection Department for its report and recommendation From the audience, Manuel Agabashian, owner of Tubby's Submarine in the Plymouth Plaza, addressed the aforementioned waiver petition. On a motion by McGee, seconded by Taylor, and unanimously adopted, it was. #635-96 RESOLVED, that the Council does hereby amend Council Resolution 497-96 so as to have the same read as follows RESOLVED, that having considered the reports and recommendations of the Committee of the Whole, dated April 22, 1996 and June 11, 1996, submitted pursuant to Council Resolutions 538-93, 203-94, 539-94 and 426-95, regarding the possible enactment of an ethics ordinance, the Council does hereby appoint a Citizens Advisory Committee consisting of Rabbi Craig Allen, Laura Callow, Janet Cooper, Emory Daniels, Geraldine Joyner, Hon James R. McCann, Colleen McClorey, Edward Miller and Father John Sadjak, which committee shall make recommendations and a report to be forwarded to the Department of Law to prepare an appropriate ethics ordinance amendment for submission to Council establishing a Code of Ethics (and including a Board of Ethics) to be in place prior to January 1, 1997, FURTHER, the Department of Law is to act as supervisor over the procedures and conduct of said Citizens 29614 Advisory Committee, FURTHER, the Council does hereby direct that this item shall remain in the Committee of the Whole for further consideration aim On a motion by McGee, seconded by Taylor, and unanimously adopted, it was. #636-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 11, 1996, submitted pursuant to Council Resolution 497-96, regarding the possible enactment of an ethics ordinance, the Council does hereby determine that this item shall remain in committee On a motion by Duggan, seconded by Taylor, it was. RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 11, 1996, submitted pursuant to Council Resolution 507-96, and a request 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 determine that this item shall remain in committee too Duggan and Taylor withdrew their motions on the foregoing resolution On a motion by Taylor, supported by Duggan, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 11, 1996, submitted pursuant to Council Resolution 507-96, and a request 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 determine to table this matter until the next Regular Meeting of July 22, 1996, in order to review the fence height and the materials to be used in the construction of the fence A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Vandersloot, and McGee NAYS Duggan, Brosnan, and Laura The President declared the resolution denied On a motion by Duggan, seconded by Brosnan, it was 29615 #637-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 11, 1996, submitted pursuant to Council Resolution 507-96, and a request 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 refer this matter back to the Committee of the Whole for another report and recommendation regarding the subject of the proposed fence height and the materials to be used in construction of same A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Brosnan, Vandersloot, and McGee NAYS Taylor and Laura. The President declared the resolution adopted A communication from the Inspection Department, dated June 19, 1996, re the fencing material proposed to be used at The Sideline Bar & Grill was received and placed on file for the information of the Council On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #638-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 11, 1996, submitted pursuant to Council Resolution 510-96, and a letter from the Michigan Liquor Control Commission, dated October 12, 1995, as well as the report and recommendation from the Chief of Police, dated April 18, 1996, approved for submission by the Mayor, the Council does hereby recommend approval of the request from Fat Willy's, Inc. for a new Dance-Entertainment permit to be held in connection with its 1995 Class C licensed business located at 19170 Farmington Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from the Inspection Department, dated June 24, 1996, re a study on the parking requirements on the northeast corner of Seven Mile and 29616 Farmington Roads (Fat Willy's Inc , 19170 Farmington Road) was received and placed on file for the information of the Council (CR 510-96) *to On a motion by Taylor, seconded by McGee, it was #639-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 11, 1996, submitted pursuant to Council Resolution 63-96, and a report and recommendation of the Fire Chief, dated December 21, 1995, which bears the signature of the Director of Finance and the Mayor, wherein it is recommended that EMS service charges by the City of Livonia be adjusted so as to establish the following charges $180 00 for residents $220 00 for non-residents $ 50 00 for defibrillator patches $ 75 00 for comitube when applied to a patient $ 25 00 for the use of oxygen $300 00 for extricating trapped patients when tools are necessary $ 25 00 for cervical collars $ 35 00 for disposable bag masks $ 4 00 per loaded mile $ 35 00 per year for subscription plan (This annual prepayment would entitle any subscriber or member of the subscriber's family residing at home to be transported to an area hospital by Livonia Fire & Rescue, their insurance would be accepted as full payment; uninsured subscribers would not be billed beyond fee, service would be limited to emergency transports but would not extend to nursing homes or inter-hospital transports.) the Council does hereby concur in and approve of the said rate adjustments A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Duggan, Brosnan, and McGee NAYS Vandersloot and Laura The President declared the resolution adopted REVISED PAGE - SEE CR #641-96 29617 A communication from the Office of the Mayor, dated June 14, 1996, re the proposed ambulance transport fee increase was received and placed on file for the information of the Council On a motion by Taylor, seconded by McGee, and unanimously adopted, it was #640-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 11, 1996, submitted pursuant to Council Resolution 434-95, and "AGENDA LIVONIA. 1995" by former Councilmember Dale A. Jurcisin regarding the matter of conducting an extensive study on the future of gaming/gambling in the City, the Council does hereby direct that this item shall remain in committee On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #641-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 11, 1996, in connection with a communication from the Mayor, dated June 7, 1996, and to which is attached recommended proposed salary adjustments for the classifications of Police Chief, Deputy Police Chief and Police Captain, and wherein it is also recommended that benefits negotiated with the Livonia Police Lieutenants and Sergeants Association, as indicated in the attached summary, be extended to the Police Chief, Deputy Police Chief and Captain classifications, the Council does hereby concur in the recommendation of the Civil Service Commission in its resolution adopted on June 13, 1996, and does hereby approve of such action. On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was: #642-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 12, 1996, submitted pursuant to Council Resolution 984-90, regarding the need, if any, to revise landfill and transfer site fees, the Council does hereby determine to take no further action with respect to this matter On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. 29618 #643-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 12, 1996, submitted pursuant to Council Resolution 412-92, with respect to the question of the City providing its own yard waste composting services in lieu of privatizing such services, the Council does hereby determine to take no further action with respect to this matter On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #644-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 12, 1996, submitted pursuant to Council Resolution 568-93, with respect to establishing a proposed pilot composting project under which the City would pay Environmental Cost Management $6 00 per cubic yard for bulk yard waste and $1 00 per cubic yard for wood chips, the Council does hereby determine to take no further action with respect to this matter On a motion by Brosnan, seconded by Duggan, it was #645-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 1, 1996, submitted pursuant to Council Resolution 562-96, and a communication from the City Planning Commission, dated May 1, 1996, which transmits its resolution 4-63-96, adopted on April 30, 1996, with regard to a Sign Permit Application, submitted by Cornell Sign Company on behalf of Nicholas Plaza Shopping Center, requesting approval for signage for the property located at 13820 Merriman Road in the Northwest 1/4 of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the Sign Package by Cornell Sign Company, as received by the Planning Commission on April 12, 1996, is hereby approved and shall be adhered to, 2 That all signage shall not be illuminated beyond 2 00 a.m , 3 That window signage for the center shall be limited to what is permitted by Section 18 50D Permitted Signs, subheading (g) "Window Signage " A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Duggan, Brosnan, Vandersloot, and Laura NAYS McGee 29619 The President declared the resolution adopted On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #646-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 1, 1996, submitted pursuant to Council Resolution 564-96, and a letter from Dominic Soave, 19213 Newburgh Road, Livonia, Michigan 48152, dated May 23, 1996, requesting permission to move a home located on Newburgh Road, north of Seven Mile Road, to a lot adjacent to the Sigmund property on Eight Mile Road, the Council does hereby deny this request based upon a lack of demonstrated hardship pursuant to Section 15 48 170 of the Livonia Code of Ordinances On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was. #647-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 1, 1996, submitted pursuant to Council Resolution 924-95, and a communication from the City Planning Commission, dated August 3, 1995, which sets forth its resolution 8-141-95, adopted on August 1, 1995, with regard 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, and the Council having conducted a public hearing with regard to this matter on October 18, 1995, pursuant to Council Resolution 562-95, the Council does hereby determine that this item shall remain in committee Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES), AND SUBSECTIONS D AND E OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 29620 Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 95-12-1-30) 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. Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTION 170 TO TITLE 9, CHAPTER 32 (ALCOHOLIC BEVERAGES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Duggan, Brosnan, Vandersloot, McGee, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION (6) OF SECTION 2 06 OF ARTICLE 110F ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 95-10-6-10) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Duggan, Brosnan, Vandersloot, McGee, and Laura. NAYS None 29621 The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by Vandersloot, it was #648-96 RESOLVED, that pursuant to the request of Hwa Stacy, Executive Director of the Livonia Family YMCA, dated June 6, 1996, and before determining to install three street lights on Stark Road at the two entrance/exits of the Livonia Family YMCA and at one entrance/exit located at the Veterans Park, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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, pursuant to the provisions of Section 3 08 140 of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Brosnan, Vandersloot, McGee, and Laura. NAYS Duggan. The President declared the resolution adopted On a motion by Taylor, seconded by Duggan, it was RESOLVED, that pursuant to the request of Hwa Stacy, Executive Director of the Livonia Family YMCA, dated June 6, 1996, and before determining to install street lights on Stark Road between Schoolcraft Road and Lyndon Avenue and on Lyndon Avenue between Farmington and Stark Road, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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 29622 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, pursuant to the provisions of Section 3 08 140 of the Livonia Code of Ordinances, as amended Duggan withdrew his support on the foregoing resolution McGee then offered support on the foregoing resolution Taylor withdrew his motion to offer the foregoing resolution, and McGee withdrew his support of same On a motion by Taylor, seconded by McGee, the foregoing resolution was offered as amended, as follows #649-96 RESOLVED, that after discussion regarding a request for installation of street lights on Stark Road and Lyndon Avenue, and before determining to install street lights on Stark Road between Schoolcraft Road and Lyndon Avenue except for the three (3) lights referred to in a letter from Hwa Stacy, Executive Director of the Livonia Family YMCA, dated June 6, 1996, and on Lyndon Avenue between Farmington and Stark Roads, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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, pursuant to the provisions of Section 3 08 140 of the Livonia Code of Ordinances, as amended with the following result: AYES Taylor, Brosnan, Vandersloot, McGee, and Laura. NAYS Duggan The President declared the amended resolution adopted 29623 On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #650-96 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 15, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 945- 93, regarding traffic problems in the area of Stevenson High School, the Council does hereby refer the matter of traffic and parking problems in the area of Stevenson High School to the Council/Schools Liaison Committee for its report and recommendation On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #651-96 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 15, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 945- 93, regarding traffic problems in the area of Stevenson High School, the Council does hereby refer the subject of the possible reduction of the berm on Whitby and Six Mile Road (south side) to the Engineering Department for its report and recommendation. On a motion by Brosnan, seconded by McGee, and unanimously adopted, it was. #652-96 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 15, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 945- 93, regarding traffic problems in the area of Stevenson High School, the Council does hereby request that the City Clerk forward a copy of such report and recommendation of the Chief of Police to Dr Kenneth Watson and Mr David Watson at the Livonia Public Schools for their information. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was: #653-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 6, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolutions 451-95 and 223-96, regarding the subject of possible problems the City has experienced with the water course which runs from Seven Mile Road south through Sheffield Subdivision and its effect on Bicentennial Park and the Fox Creek Golf Course, the Council does hereby refer this subject to the Mayor and such members of his 29624 administration as he may designate for their reports and recommendations On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #654-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 13, 1996, which bears the signature of the Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Six-S, Inc., 2210 Scott Lake Road, Waterford, Michigan 48328, for completing all work in connection with the 1996 Concrete Pavement and Catch Basin Repair Program (Contract 96-L) including repair of pavements damaged due to water main breaks at various locations throughout the City for the estimated total cost of $703,802 50, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $58,300 00 from the Water and Sewer Fund and $645,502 50 from the Michigan Transportation Fund (Local Road Account), FURTHER, the Council does hereby appropriate the additional sum of$195,502 50 from the Unexpended Fund Balance for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #655-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 6, 1996, which bears the signature of the Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Lawrence M Clarke, Inc., 50850 Bemis Road, Belleville, Michigan 48111, for completing all work in connection with the 1996 Water Main Replacement Program (Contract 96-M) for the estimated total cost of $391,550 00, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed 29625 $391,550 00 from Account No 592---/158-031 (Construction-in-Progress Water Main Replacement) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by McGee, seconded by Brosnan, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 11, 1996, which sets forth its resolution 5-70-96, adopted on May 14, 1996, with regard to a request from Joseph P Durso for a one-year extension of approval of the preliminary plat for Pines of Winfield Subdivision proposed to be located south of Seven Mile Road and east of Wayne Road in the Northwest 1/4 of Section 9, which preliminary plat was previously approved in Council Resolution 602-92, adopted on July 22, 1992, and subsequently extended for a one-year period in Council Resolution 625-94, the Council does hereby determine to deny said request. On a motion by Taylor, seconded by Duggan, it was RESOLVED, that the Council does hereby determine to substitute a resolution in lieu of the foregoing which would extend the approval of the preliminary plat for Pines of Winfield Subdivision for six (6) months A roll call vote was taken on the motion to substitute as follows AYES Taylor, Duggan, Vandersloot, and Laura. NAYS Brosnan and McGee The President declared the motion to substitute adopted. On a motion by Taylor, seconded by Duggan, it was #656-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 11, 1996, which sets forth its resolution 5-70-96, adopted on May 14, 1996, with regard to a request from Joseph P Durso for a one-year extension of approval of the preliminary plat for Pines of Winfield Subdivision proposed to be located south of Seven Mile Road and east of Wayne Road in the Northwest 1/4 of Section 9, which preliminary plat was previously approved in Council Resolution 602-92, adopted on July 22, 1992, and subsequently extended for a one-year period in Council Resolution 625-94, the Council does hereby determine to grant the requested extension until January 22, 29626 1997, subject to compliance with all of the conditions and requirements set forth in the original preliminary plat approval A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Duggan, Brosnan, Vandersloot, and Laura. NAYS McGee The President declared the substitute resolution adopted On a motion by Taylor, seconded by McGee, and unanimously adopted, it was. #657-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 12, 1996, which transmits its resolution 6-85-96, adopted on June 4, 1996, with regard to Petition 96-2- 3-1, submitted by Jeffrey Winkler, Winkler Buildings, Inc., requesting the vacating of a portion of a ten foot wide public easement on Lot 213, Sunset Hills Subdivision, located on the west side of Middlebelt Road between Curtis Road and Clarita Avenue in the Northeast 1/4 of Section 11, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 96-2- 3-1, as amended, as to the vacating of only the south one-half (1/2) of the subject easement, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was. #658-96 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 381, more particularly described in Council Resolution 495-96, adopted on May 22, 1996, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Caliburn Estates Subdivision No 2 in said Special Assessment District No 381, 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 colonial post top poles with underground wiring for the Caliburn Estates Subdivision No 2 in the 29627 Northwest 1/4 of Section 8, and that the assessments set forth in said Special Assessment District No 381 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 381 based on installation of 100-watt high pressure sodium lights on colonial post top 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 $8,300 00 is hereby authorized from the cash payments posted by the developer of the Caliburn Estates 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 Duggan, seconded by Brosnan, and unanimously adopted, it was #659-96 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 382, more particularly described in Council Resolution 496-96, adopted on May 22, 1996, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Caliburn Manor Subdivision No 2 in said Special Assessment District No 382, 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 colonial post top poles with underground wiring for the Caliburn Manor Subdivision No 2 in the Northeast 1/4 of Section 7, and that the assessments set forth in said Special Assessment District No 382 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 382 based on installation of 100-watt high pressure sodium lights on colonial post top 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 29628 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 $8,300 00 is hereby authorized from the cash payments posted by the developer of the Caliburn Manor Subdivision No 2 in order to defray the Detroit Edison contribution-in-aid costs connected with this street light installation project. A communication from Wendy M Orluski, dated June 27, 1996, re requesting the withdrawal of waiver use Petition 96-3-2-12 from Council consideration was received and placed on file for the information of the Council On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #660-96 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 1996, which sets forth its resolution 4-60-96, adopted on April 30, 1996, with regard to Petition 96- 3-2-12 submitted by Wendy Orluski requesting waiver use approval to utilize an existing building located on the south side of Ann Arbor Road between Newburgh Road and Horton Avenue in the Northeast 1/4 of Section 31 for a child day care center, which property is zoned C-1, and the Council having conducted a public hearing with regard to this matter on Monday, July 1, 1996, pursuant to Council Resolution 494-96, and the petitioner having requested withdrawal of the petition by letter dated June 27, 1996, the Council does hereby determine to take no further action with respect to this item On a motion by Taylor, seconded by McGee, and unanimously adopted, it was #661-96 RESOLVED, that having considered 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 Co 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 RC, and the Council having conducted a public hearing with regard to this matter on Monday, July 1, 1996, pursuant to Council Resolution 493-96, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 29629 On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was #662-96 RESOLVED, that the Council does hereby refer the matter of drainage problems in the area near the east side of Middlebelt Road between Joy Road and Crandon Avenue in the Southwest 1/4 of Section 36 to the Engineering Department for its report and recommendation On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #663-96 RESOLVED, that having considered a communication from the City Librarian, dated June 7, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the amount of $14,998 00 from the Friends of the Library for use by the Livonia Public Library as indicated in the aforesaid communication On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #664-96 RESOLVED, that having considered a communication from Lori Campbell, dated June 24, 1996, wherein it is requested that Council Resolution 480-96 be amended to cite the correct road closing for a block party planned for August 3, 1996, the Council does hereby amend and revise Council Resolution 480-96 so as to have the same read as follows: RESOLVED, that having considered an application from Lori Campbell, 35547 Minton Court, dated March 18, 1996, requesting permission to close Minton, between Minton Court to West Chicago, on Saturday, August 3, 1996, from 2.00 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 Saturday, August 10, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was #665-96 RESOLVED, that having considered the report and recommendation of the Cable Television Commission, dated June 14, 1996, approved by the Director of Community Resources, approved as to 29630 form by the Chief Assistant City Attorney and approved for submission by the Mayor, which transmits its resolution 248-96 adopted by the Livonia Cable Television Commission at its meeting of June 3, 1996, with regard to a proposed cable television franchise presentation by Ameritech New Media, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #666-96 RESOLVED, that having considered a communication from the Department of Law, dated June 24, 1996, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held Tuesday, July 16, 1996, at 6 15 p m for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #667-96 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Mary L. Zuckerman, 16442 Golfview, Livonia, Michigan 48154, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 1999, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 No one wished to speak during Audience Communication at the end of the meeting On a motion by Taylor, seconded by Brosnan, and unanimously adopted, this 1,324th Regular Meeting of the Council of the City of Livonia was adjourned at 9.40 p m., July 8, 1996 � fr an McCotter, City Clerk