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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-08-29 28414 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 29, 1994, 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 Feenstra delivered the invocation Roll was called with the following result Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Ron Ochala, Laura M Toy, and Gerald Taylor Absent Dale A Jurcisin (representing the City in another capacity) Elected and appointed officials present Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K White, Chief Assistant City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Robert J Beckley, Director of Public Works; Michael T Slater, Finance Director; Daniel Piercecchi, Planning Commission; and Dorothy Wilshaw, Arts Commission On a motion by Toy, seconded by McGee, and unanimously adopted, it was #607-94 RESOLVED, that the minutes of the 1,278th Regular Meeting of the Council of the City of Livonia, held August 17, 1994, are hereby approved as submitted There was no audience communication at the beginning of the meeting Councilmember Kavanagh was congratulated on his 36th birthday At the direction of the Chair, Item 11 was removed from the Agenda and is to be placed on the Regular Meeting scheduled for September 14, 1994 On a motion by Feenstra, seconded by Toy, it was 28415 #608-94 RESOLVED, that having considered an application from Jerry Chwalek, 9307 Louisiana, dated August 3, 1994, requesting permission to close Louisiana between Oregon and Vermont on Sunday, September 4, 1994, from 2 00 p m to 6 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, September 10, 1994 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #609-94 RESOLVED, that having considered a communication from Glenn Oppenlander, 39386 Allen, Livonia, Michigan 48154, dated July 12, 1994, with attachments and petitions bearing the signatures of certain residents of Tiffany Park, concerning problems at the dead end of Allen and Eckles Streets, the Council does hereby request that the Engineering Department and the Department of Law submit their respective reports and recommendations #610-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 11, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby reject all bids received for the Bicentennial Park Ball Diamond Lighting Project, the action herein being taken for the reasons indicated in the aforesaid communication #611-94 RESOLVED, that having considered a report and recommendation of the Superintendent of Parks and Recreation, dated August 11, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize, as an addition to the contract previously authorized in Council Resolution 347-94, the employment of S F Sonk Associates, Inc , 39201 Schoolcraft Road, Suite B9, Livonia, MI 48150, for providing assistance in the preparation of electrical specifications with respect to the Bicentennial Park Ball Diamond Lighting Project for a sum not to exceed $4, 500 00 from the State of Michigan grant funds allocated for this project; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended #612-94 RESOLVED, that having considered a communication from the Director of Community Resources and the Director of Public Works, dated August 8, 1994, approved by the City Attorney and approved for submission by the Mayor, to which is attached a proposed contract for caretaking services at the Historical Village at Greenmead between the City of Livonia and Gregg Mabey, the term of which is August 18, 1994 through August 17, 1995, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the contract as well as to do all other things necessary or incidental to the full performance of this resolution 2841 6 #613-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Works, dated August 5, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby reject the bids received on April 25, 1994 for four-wheel drive hydraulic mowers, the action herein being taken for the reasons indicated in the aforesaid communication #614-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Works, dated August 5, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of three (3) four-wheel drive hydraulic mowers for the City of Livonia golf courses and parks from Commercial Lawnmower, Inc , 34955 Plymouth Road, Livonia, MI 48150, for a total net price of $73, 500 00, the same having been in fact the lowest quotation received which meets all specifications; FURTHER, the Council does hereby authorize the action taken herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #615-94 RESOLVED, that having considered a report from Councilmember Dale A Jurcisin, the Council does hereby rescind and repeal Council Resolution 514-94, adopted on July 6, 1994, which previously authorized the sale and transfer of certain 1994-95 Class C and SDM licenses and permits located at 35780 Five Mile Road #616-94 RESOLVED, that having considered the report and recommendation of the City Engineer and the City Attorney, dated August 9, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the action taken in Council Resolution 769-93, adopted on September 15, 1993, which awarded the 1992 Sidewalk Program - Phase II to Shamrock Excavating, Inc , the Council does hereby determine as follows 1) To approve the request of Global Union Casualty Insurance Co to have Core Concrete Construction Company finish this project; 2) To authorize payments on this project to be made directly to Core Concrete Construction Company, with the source of funding to remain the same as that outlined in Council Resolution 769-93; and 3) To authorize the City Engineer to approve minor adjustments in the work as needed 28417 #617-94 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1994, which transmits its resolution 7-128-94, adopted on July 26, 1994, with regard to Petition 94-6-3-6, submitted by Jerry R Brady, requesting the vacating of a portion of a 20 foot wide public alley located south of Seven Mile Road between Harrison Avenue and Lathers Avenue in the Northeast 1/4 of Section 12, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 94-6-3-6 subject to the retention of a six (6) foot wide public easement for public utilities over the east six (6) feet of the subject alley; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #618-94 RESOLVED, that having considered a communication from Construction Management Specialists, received by the Office of the City Clerk on August 17, 1994, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on August 16, 1994 by the City Planning Commission in its resolution 8-138-94 with regard to Petition 94-7-2-24, submitted by Goldman Properties, Inc , requesting waiver use approval to utilize SDD and SDM licenses for a proposed store to be located within an addition to an existing building located on the northwest corner of Merriman and Five Mile Roads in the Southeast 1/4 of Section 15, which property is zoned C-2, the Council does hereby designate Monday, October 3, 1994, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None McGee took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION A OF SECTION 080 OF TITLE 13, CHAPTER 04 (GENERAL USE REGULATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 28418 A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None 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 AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-4-1-9) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Ochala took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 94-4-3-5) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 28419 Ochala took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 090 OF TITLE 16, CHAPTER 32 (LOT PARTITION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION A OF SECTION 100 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #619-94 RESOLVED, that having considered a communication from the City Assessor, dated August 3, 1994, approved for submission by the Mayor, with regard to a request from Sam Baki, Tri-West Development Corporation, 27540 Michigan, Inkster, MI 48141, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos 46 089 01 0001 001 & 46 089 01 0005 000 and 46 089 01 0006 007 & 46 089 01 0007 000 into nine parcels, the legal descriptions of which shall read as follows 28420 PARCEL "A" . Part of Lots 1 and 2, B E Taylor' s Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1S , R 9E , Livonia Twp (now City of Livonia) , Wayne County, Michigan as recorded in Liber 69, Page 75 of Plats W C R , described as beginning at a point distant due west 431 69 feet from the northeast corner of Lot 7 and proceeding thence due south 270 32 feet; thence along road right-of-way along a curve to the left radius 50 00 feet central angle 72 degrees 13 minutes 57 seconds an arc distance of 63 03 feet and whose chord bears south 22 degrees 06 minutes 58 seconds west 58 94 feet; thence due west 47 09 feet; thence north 00 degrees 11 minutes 30 seconds west 324 93 feet; thence along the south line of Five Mile Road right- of-way due east 70 87 feet to the point of beginning Containing 21 860 square feet Subject to easements of record PARCEL "B" . Part of Lots 2 and 3, B E Taylor' s Green Acres, being a subdivision of part of the North 1/2 of Section 23, T is , R 9E , Livonia Twp (now City of Livonia) , Wayne County, Michigan as recorded in Liber 69, Page 75 of Plats W C R , described as beginning at a point distant due west 350 62 feet from the northeast corner of Lot 7 and proceeding thence due south 273 41 feet; thence south 76 degrees 00 minutes 00 seconds west 19 35 feet; thence along the road right-of-way along a curve to the left, radius 50 00 feet central angle 77 degrees 46 minutes 03 seconds an arc distance of 67 87 feet and whose chord bears north 82 degrees 53 minutes 02 seconds west 62 77 feet; thence due north 270 32 feet; thence along the south line of Five Mile Road right-of-way due east 81 07 feet to the point of beginning Containing 21 784 square feet Subject to easements of record PARCEL "C" . Part of Lots 3 and 4, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1S , R 9E , Livonia Twp (now City of Livonia) , Wayne County, Michigan as recorded in Liber 69, Page 75 of Plats W C R , described as beginning at a point distant due west 267 80 feet from the northeast corner of Lot 7 and proceeding thence along road right- of-way due south 252 77 feet; thence along road right-of-way south 76 degrees 00 minutes 00 seconds west 85 36 feet; thence due north 273 41 feet; thence along the south line of Five Mile Road right-of-way due east 82 82 feet to the point of beginning Containing 21 789 square feet Subject to easements of record PARCEL "D" . Part of Lots 5, 6 and 7, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1S , R 9E , Livonia Twp (now City of Livonia) , Wayne County, Michigan as recorded in Liber 69, Page 75 of Plats W C R , described as beginning at the northeast corner of Lot 7 and proceeding thence due south 100 00 feet; thence due west 217 80 feet; thence along road right-of-way due north 100 00 feet; thence along south line of Five Mile Road right-of-way due east 217 80 feet to the point of beginning Containing 21 780 square feet Subject to easements of record 28421 PARCEL "E" . Part of Lots 5, 6 and 7, B E Taylor' s Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1S , R 9E , Livonia Twp (now City of Livonia) , Wayne County, Michigan as recorded in Liber 69, Page 75 of Plats W C R , described as beginning at a point distant due south 100 00 feet from the northeast corner of Lot 7 and proceeding thence due south 100 00 feet; thence due west 217 80 feet; thence along road right- of-way due north 100 00 feet thence due east 217 80 feet to the point of beginning Containing 21 780 square feet Subject to easements of record PARCEL "F" . Part of Lots 5, 6 and 7, B E Taylor' s Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1S , R 9E , Livonia Twp (now City of Livonia) , Wayne County, Michigan as recorded in Liber 69, Page 75 of Plats W C R , described as beginning at a point distant due south 200 00 feet from the northeast corner of Lot 7 and proceeding thence due south 100 00 feet; thence due west 250 56 feet; thence along road right-of-way north 76 degrees 00 minutes 00 seconds east 33 77 feet; thence along road right-of-way due north 91 83 feet; thence due east 217 80 feet to the point of beginning Containing 21 914 square feet Subject to easements of record PARCEL "G" . Part of Lot 21, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1S , R 9E , Livonia Twp (now City of Livonia) , Wayne County, Michigan as recorded in Liber 69, Page 75 of Plats W C R , described as beginning at a point distant due south 300 00 feet and due west 250 56 feet from the northeast corner of Lot 7 and proceeding thence due south 291 18 feet; thence south 88 degrees 52 minutes 00 seconds west 64 92 feet; thence due west 12 25 feet, thence due north 273 23 feet; thence along road right-of-way north 76 degrees 00 minutes 00 seconds east 79 52 feet to the point of beginning Containing 21 782 square feet Subject to easements of record PARCEL "H" . Part of Lots 3, 4 and 21, B E Taylor' s Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1S , R 9E , Livonia Twp (now City of Livonia) , Wayne County, Michigan as recorded in Liber 69, Page 75 of Plats W C R , described as beginning at a point distant due south 300 00 feet and due west 250 56 feet and due south 291 18 feet and south 88 degrees 52 minutes 00 seconds west 64 92 feet and due west 12 25 feet from the northeast corner of Lot 7 and proceeding thence due west 87 70 feet; thence due north 230 66 feet thence along road right- of-way along a curve to the left radius 50 00 feet central angle 85 degrees 36 minutes 33 seconds an arc distance of 67 95 feet imm and whose chord bears north 58 degrees 48 minutes 17 seconds east a distance of 46 31 feet; thence north 76 degrees 00 minutes 00 seconds east 30 48 feet; thence due south 273 23 feet to the point of beginning Containing 21, 780 square feet Subject to easements of record 28422 PARCEL "I" . Part of Lots 1 and 2, B E Taylor' s Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1S , R 9E , Livonia Twp (now City of Livonia) , Wayne County, Michigan as recorded in Liber 69, Page 75 of Plats W C R , described as beginning at a point distant due south 300 00 feet and due west 250 56 feet and due south 291 18 feet and south 88 degrees 52 minutes 00 seconds west 64 92 feet and due west 99 95 feet from the northeast corner of Lot 7 and proceeding thence due west 85 15 feet; thence north 00 degrees 11 minutes 30 seconds west 267 54 feet; thence due east 47 09 feet, thence along the road right-of-way along a curve to the right radius 50 00 feet central angle 64 degrees 23 minutes 27 seconds an arc distance of 56 19 feet and whose chord bears south 46 degrees 11 minutes 43 seconds east a distance of 53 28 feet; thence due south 230 66 feet to the point of beginning Containing 21 914 square feet Subject to easements of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals; provided FURTHER, that the Council does hereby waive the requirement for the construction of sidewalks in connection with the development of these parcels in accordance with provisions of law and City ordinance On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was #620-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 27, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is recommended that the City proceed with a Public Service Division renovation project, the overall estimated price of which is $650, 000 00, the Council does hereby determine as follows 1) To accept the proposal of Robert K Seymour, Architect, 9210 Pontiac Trail, South Lyon, Michigan 48178-9602, to prepare plans and specifications for the Public Service Division Office Renovation Project for a fee not to exceed $12,300 00; 2) To appropriate the amount of $12, 300 00 from the Water and Sewer $5 million revenue bond (1993 issue) ; and 3) To authorize the Director of Public Works to take competitive bids for the Public Service Division Office Renovation Project 28423 FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #621-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 27, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is recommended that the City proceed with a Public Service Division renovation project, the overall estimated price of which is $650, 000 00, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #622-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 28, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize Waste Management of Michigan-Detroit North, 19200 W Eight Mile Road, Southfield, Michigan 48075, to provide yard waste composting services at the Woodland Meadows facility at the tipping rate of $5 15 per cubic yard for the period of April 1, 1994 to March 31, 1995; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended; 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 firm and to do all things necessary or incidental to the full performance of this resolution On a motion by Toy, seconded by McGee, and unanimously adopted, it was #623-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 28, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a Composting Progress Report for the City of Livonia (Appendix A) , the Council does hereby refer the same to the Water Supply, Drainage, Sewage, and Waste Disposal Study Committee for its report and recommendation On a motion by Toy, seconded by McGee, it was 28424 #624-94 RESOLVED, that having considered a letter from General Mills Restaurants, Inc , P 0 Box 593330, Orlando, FL 32859-3330, dated April 18, 1994, requesting approval of an application for a new full-year, on-premise Michigan Liquor Control Commission Class C liquor license for a proposed China Coast restaurant to be constructed at the southeast corner of Middlebelt and Schoolcraft Roads, Livonia, Michigan, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City approves the said request "Above All Others" ; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Kavanagh, Toy, and Taylor NAYS Feenstra and Ochala The President declared the resolution adopted On a motion by Feenstra, seconded by Toy, it was #625-94 RESOLVED, that having considered a communication from the City Planning Commission, dated August 11, 1994, which sets forth its resolution 7-135-94, adopted on July 26, 1994, 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, the Council does hereby concur in the recommendation of the Planning Commission and grant the requested extension for a one-year period, 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 Feenstra, Kavanagh, Ochala, and Toy NAYS McGee and Taylor The President declared the resolution adopted On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was 28425 #626-94 RESOLVED, that the Council does hereby request that the Water Supply, Drainage, Sewage, and Waste Disposal Study Committee submit its report and recommendation on the subject matter of drainage problems as they relate to the 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 Ochala left the podium at 8 40 p m in order to avoid a perceived impropriety regarding the next Agenda item On a motion by Feenstra, seconded by Toy, it was #627-94 RESOLVED, that having considered a communication from the City Planning Commission dated August 17, 1994, which transmits its resolution 8-145-94, adopted on August 16, 1994, with regard to a Sign Permit Application submitted by Continental Sign Company, requesting approval for one wall sign for the building unit located at 29596 Seven Mile Road in Section 2, 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 Continental Signs, received by the Planning Commission on August 1, 1994 is hereby approved and shall be adhered to; and 2) That the sign shall not be illuminated beyond one hour after the last tenant in the shopping center closes A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Kavanagh, Toy, and Taylor NAYS None The President declared the resolution adopted Ochala returned to the podium at 8 41 p m On a motion by Feenstra, seconded by McGee, it was #628-94 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 373, more particularly described in Council Resolution 468-94, adopted on June 22, 1994, 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 for 28426 Stonehouse Avenue, Joy Road to Minton (including the Forest Oaks Subdivision) in the Southeast 1/4 of Section 31, City of Livonia, Wayne County, Michigan, in said Special Assessment District No 373; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100-watt high pressure sodium lights on colonial post top poles with underground wiring, and that the assessments set forth in said Special Assessment District No 373 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 373 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 $1, 891 84 is hereby authorized from the cash payments posted by the developer of the Forest Oaks Subdivision, as well as a sum not to exceed $3, 258 10 from the $12 Million General Obligation Road Improvement Bond Issue in order to defray the Detroit Edison contribution-in-aid costs connected with this street light installation project; the aforesaid City share of $3, 258 10 is to be reimbursed to the Bond Issue from first year receipts from the Special Assessment District A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Kavanagh, Ochala, and Taylor NAYS Toy The President declared the resolution adopted On a motion by Feenstra, seconded by Ochala, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 24, 1994, which sets forth its resolution 6-112-94 adopted on June 21, 1994, with regard to Petition 94-4-1-11, submitted by Angelo Forest and Zef Ivezaj for a change of zoning of property located on the south side of Eight Mile Road between Gill Road and Ellen Drive, in the Northwest 1/4 of Section 4, from RUFB to OS and R-3B, and the Council having conducted a public hearing with regard to this matter on Monday, August 15, 1994 at 8 00 p m , pursuant to 28427 Council Resolution 499-94, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Kavanagh, seconded by Toy, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute a resolution referring this matter to the next Regular Meeting scheduled for September 14, 1994 A roll call vote was taken on the motion to substitute as follows AYES Kavanagh NAYS Feenstra, McGee, Ochala, Toy, and Taylor The President declared the motion to substitute denied A roll call vote was then taken on the originally proposed resolution, as follows #629-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 24, 1994, which sets forth its resolution 6-112-94 adopted on June 21, 1994, with regard to Petition 94-4-1-11, submitted by Angelo Forest and Zef Ivezaj for a change of zoning of property located on the south side of Eight Mile Road between Gill Road and Ellen Drive, in the Northwest 1/4 of Section 4, from RUFB to OS and R-3B, and the Council having conducted a public hearing with regard to this matter on Monday, August 15, 1994 at 8 00 p m , pursuant to Council Resolution 499-94, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation with the following result AYES Feenstra, McGee, Ochala, Toy, and Taylor NAYS Kavanagh The President declared the resolution adopted On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #630-94 RESOLVED, that in accordance with Section 23 01 (a) of Zoning Ordinance 543, as amended, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether Lots 11, 12, 13 and 14 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 28428 On a motion by Toy, seconded by Ochala, and unanimously adopted, it was #631-94 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 709-92, adopted on September 16, 1992, which previously denied a request from Mark V Wibel for a new full year Class C license to be located at Five Mile and Middlebelt, Mid-Five Shopping Center, Livonia, Michigan On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #632-94 RESOLVED, that having considered a letter dated July 12, 1994 from John B Carlin, Jr , Plunkett & Cooney, in behalf of Outback Detroit Joint Venture, requesting reconsideration of an application for a new full-year Michigan Liquor Control Commission Class C liquor license for a proposed Outback Steakhouse restaurant to be constructed at the southwest corner of Five Mile and Middlebelt Roads in the Mid-Five Shopping Center, Livonia, Michigan, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City approves the said request "Above All Others" ; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Kavanagh, seconded by McGee, it was WHEREAS, having sufficient law enforcement personnel in the Patrol Division of the Police Department is of concern to citizens, residents and property owners in the City of Livonia; and WHEREAS, the Council of the City of Livonia has determined that there is an immediate and pressing need to expand the number of police officers assigned to streets and roads duties in the Patrol Division and to provide for their equipment and training needs; and WHEREAS, the Council of the City of Livonia has determined that in order to maintain proper standards of law enforcement personnel, equipment and training, it is necessary to levy and collect a tax of 20 mill on all real and personal property subject to taxation in the City of Livonia, in addition to amounts previously authorized; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed section shall read as follows 28429 Section 1 Power to Tax; Tax Limit The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1994, and effective until December 1, 2004, in an amount not to exceed twenty one-thousandths (20/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the purpose of providing additional revenues for adding law enforcement officers who shall be assigned to streets and roads duties in the Patrol Division of the Police Department of the City and for their equipment and training needs. RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows 28430 Section 1 Power to Tax; Tax Limit The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment which authorizes the City to levy and collect each year commencing on December 1, 1994, and effective until December 1, 2004, an additional tax not to exceed .20 mill for the purpose of providing additional revenues for adding law enforcement officers who shall be assigned to streets and roads duties in the Patrol Division of the Police Department and for their equipment and training needs. RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing 28431 statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the General Election to be held on November 8, 1994, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that the proposed amendment shall be submitted to electors in the following form, to wit Are you in favor of authorizing the City to levy and collect each year commencing on December 1, 1994, and effective until December 1, 2004, an additional tax not to exceed 20 mill for the purpose of providing additional revenues for adding law enforcement officers who shall be assigned to streets and roads duties in the Patrol Division of the Police Department and for their equipment and training needs? Yes / / No / / RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said General Election to be held on November 8, 1994 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Kavanagh, Ochala, and Taylor NAYS Feenstra and Toy Councilmember Feenstra requested permission from the Chair to change his vote Permission was granted with the following result 28432 #633-94 WHEREAS, having sufficient law enforcement personnel in the Patrol Division of the Police Department is of concern to citizens, residents and property owners in the City of Livonia; and WHEREAS, the Council of the City of Livonia has determined that there is an immediate and pressing need to expand the number of police officers assigned to streets and roads duties in the Patrol Division and to provide for their equipment and training needs; and WHEREAS, the Council of the City of Livonia has determined that in order to maintain proper standards of law enforcement personnel, equipment and training, it is necessary to levy and collect a tax of 20 mill on all real and personal property subject to taxation in the City of Livonia, in addition to amounts previously authorized; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed section shall read as follows 110 Section 1 Power to Tax; Tax Limit The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for 28433 library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1994, and effective until December 1, 2004, in an amount not to exceed twenty one-thousandths (20/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the purpose of providing additional revenues for adding law enforcement officers who shall be assigned to streets and roads duties in the Patrol Division of the Police Department of the City and for their equipment and training needs. RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows Section 1 Power to Tax; Tax Limit The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for 28434 library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment which authorizes the City to levy and collect each year commencing on December 1, 1994, and effective until December 1, 2004, an additional tax not to exceed .20 mill for the purpose of providing additional revenues for adding law enforcement officers who shall be assigned to streets and roads duties in the Patrol Division of the Police Department and for their equipment and training needs RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the General Election to be held on November 8, 1994, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that the proposed amendment shall be submitted to electors in the following form, to wit Are you in favor of authorizing the City to levy and collect each year commencing on December 1, 1994, and effective until December 1, 2004, an additional tax not to exceed 20 mill for the purpose of providing additional revenues for adding law enforcement officers who shall be assigned to streets and roads duties in the Patrol Division of the Police Department and for their equipment and training needs? Yes / No / / 28435 RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said General Election to be held on November 8, 1994 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law AYES Feenstra, McGee, Kavanagh, Ochala, and Taylor NAYS Toy The President declared the resolution adopted On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was #634-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 2, 1994, approved by the Finance Director and 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 $1, 900 00 from the Plastomer Corporation to the Livonia Youth Assistance Program and does for this purpose deposit and credit the same to Account 702-000-285-215 On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #635-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 12, 1994, approved by the Finance Director and 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 $44 00 from Plymouth Community United Way to the Livonia Youth Assistance Program and does for this purpose deposit and credit the same to Account 702-000-285-215 On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #636-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 10, 1994, approved by the Finance Director and approved for submission by 28436 the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations from various parties in a total amount of $1, 165 00 for use in the Senior Citizen Programs and does for this purpose deposit and credit the same to Account 702-000-285-216 for this purpose On a motion by McGee, seconded by Toy, and unanimously adopted, it was #637-94 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 8, 1994, to which is attached a list which sets forth a detailed description of the parties and amounts contributed to the DAR E Program for the period from August, 1993 to August 1, 1994, in a total amount of $38,217 50, the Council does, for and on behalf of the City of Livonia, accept the said donations and authorize the deposit and crediting of same to Account 702-000-285-211 for use in the D A R E Program On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #638-94 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Toy, seconded by McGee, and unanimously adopted, it was #639-94 RESOLVED, that having considered the report and recommendation of the Mayor, dated August 26, 1994, wherein it is recommended that the following salary range be established for the position of City Attorney, with five steps to maximum Step 1 $64,209 60 Step 1 1/2 65,499 20 Step 2 66, 768 00 Step 3 69,430 40 Step 4 72,196 80 Step 5 75, 088 00 the Council does hereby concur in and approve of this action On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was 28437 #640-94 RESOLVED, that having considered a letter from the L Division President of Waste Management of Michigan - Detroit North, 19200 W Eight Mile Road, Southfield, MI 48075, dated August 25, 1994, wherein an extension is proposed of the Solid Waste/Recycling Services Contract, the Council does hereby refer this matter to the Water Supply, Drainage, Sewage, and Waste Disposal Study Committee for its report and recommendation There was no audience communication at the end of the meeting On a motion by Toy, seconded by Kavanagh, and unanimously adopted, this 1, 279th Regular Meeting of the Council of the City of Livonia was adjourned at 9 10 p m , August 29, 1994 II • , 7114, &w.1, A Jo: McCotter, City Clerk il L