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HomeMy WebLinkAboutCOUNCIL MINUTES 1987-01-14 23090 lip MINUTES OF THE ONE THOUSAND AND NINETY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 14, 1987, 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 8:05 P M Councilman Bennett delivered the invocation Roll was called with the following result Robert E McCann, Joan McCotter, Fernon P. Feenstra, Robert R. Bishop, Gerald Taylor, Robert D Bennett and Ron Ochala Absent None Elected and appointed officials present Robert F Nash, City Clerk, Harry Tatigian, City Attorney, G E Siemert, City Engineer (outgoing) , John Nagy, Planning Director, William Crayk, Chief of Police, Edith Davis, Personnel Director, Marilyn Kazmer, Director of Legislative Affairs, Suzanne Wisler, Director of Community Resources, Ron Mardiros, City Assessor, Robert F Biga, Labor Relations Director (outgoing) , Ray Pomerville, Labor Relations Director (incoming) , Raul Galindo, City Engineer (incoming) , Jeanne Treff, Cable TV Director, Ronald Reinke, Superintendent of Parks and Recreation, Thomas Carey, Traffic Commission and Dr. Richard W. McDowell , President of Schoolcraft Community College By Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #1-87 RESOLVED, that the minutes of the 1 ,094th Regular Meeting of the Council of the City of Livonia, held December 17, 1986, are hereby approved By Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #2-87 RESOLVED, that the Council does hereby accept, for and on behalf of the City of Livonia, the donation of a State of lbw Michigan Sesquicentennial Flag from the Livonia Kiwanis Early Risers Club, Tom Colatruglio, President 4 23091 The City of Livonia Annual Report for Fiscal Year 1985-19Ei was received and placed on file for the information of the Council . At the direction of the Chair, Item 21 e regarding a Sign Fermit by John G Elias, was removed from the Agenda. On a motion by Councilman Taylor, seconded by Cour:ilman Feenstra, it was #3-87 RESOLVED, that having considered a letter from Al O'Chel , 5706 Lafayette, Dearborn Heights, Michigan date,t December 22, 1986, which indicates an interest in purchasing ce-tain city-owned property located at 28580 Joy Road, Livonia, Mi:-igan (Tax Item 143-990010-000, Lot G1A) , the Council does here:y request that the Planning Department, the Department of Law and the Roads Beautification Committee submit their respective reports and Iwo recommendations 14-87 RESOLVED, that having considered a let:er from Betsey Laurie dated December 26, 1986, indicating a de:ision to donate Lot 30B of the Bell Creek Estates Subdivision to the City of Livonia, the Council does hereby determine to take no further action, inasmuch as it appears that the City eready owns this property. #5-87 WHEREAS, the Livonia Family "Y" is plar-ing its annual "Invest in Youth Campaign", and WHEREAS, it is desirable that the City become more aware of the "Y' s" contributions to the community, and WHEREAS, the "Invest in Youth" campaign furtrer enables the "Y" to provide* 1 . Membership to anyone regardless of financal ability to pay, 2. Handicapped programs for approximately 100 yoL'-gsters, 3 Resident camp experience for over 200 ch'7dren, some of whom need an opportunity for life away from unhappy LIN home situations, 23092 L4. An afterschool Gra-Y activity program for KO children in 4th through 6th grades, and 5. Operation Water Safety Program through the Livonia Public Schools for all 4th graders; NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council designates the week of February 2, 1987 as "Invest in Youth Week" and wholeheartedly endorses this program. #6-87 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated December 10, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Westland Tree Service, 41307 Five Mile Road, Plymouth, Michigan 48170, for completing all work in connection with the City' s 1987 Tree and Stump Removal Program for the estimated cost of $16,775, based upon the Public Service Division' 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 costs and unit prices having been in fact the lowest bid received for this item, and the Director of Public Works is hereby L authorized to approve any minor adjustments in work as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of the resolution #7-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated Dececber 18, 1986, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Angelo D'Orazio Paving, Inc , 38272 Abruzzi Dr. , Westland, MI 48185, for constructing a 34 ft. wide, 9" thick reinforced concrete pavement, drainage, sanitary sewers and water mains on a proposed East/West industrial road West of Merriman (S A.D. No. 274) , for the estimated total cost of $505,669 22, based upon the Engineering Division' s estimate of units involved and subject to final payment based upon the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated costs ard unit prices having been in fact the lowest bid received for this item; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $505,669 22 from the 7 9 Million Dollar General Obligation Road Improvement Bond Issue, with the provision that the Bond Issue be reimbursed at such time as funds are available from a future assessment bond issue, 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 23093 #8-87 RESOLVED, that having considered the report and recommendation of the Planning Director and the Director of Public Works dated November 26, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, pursuant to Paragraph 3 of the current contract between the City of Livonia and Pritula & Sons Excavators, which was previously authorized in Council Resolution 337-85, adopted on May 8, 1985, extend for a one (1 ) year period to cover 1987, the Weed Cutting Contract, based upon the same terms and conditions as were previously in effect in 1985, and extended to include 1986. #9-87 RESOLVED, that having considered a comrunication from the Director of the Livonia Housing Commission dated December 11 , 1986 which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is requested that the City Council authorize a payment in lieu of taxes program to the current and future single family homes that serve low income families, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #10-87 RESOLVED, that having considered a comrunication from the Director of the Livonia Housing Commission dated December 19, 1986, which indicates that its application for the 1986 Comprehensive Improvement Assistance program (CIAP) has been approved by the U S. Department of Housing and Urban Development, and to which is attached the Annual Contributions Contract and Permanent Note in the amount of $22,000, the Council does hereby approve these items in the manner and form herein submitted. #11-87 RESOLVED, that having considered a comrunication from the Director of Finance dated December 19, 1986, approved for submission by the Mayor, wherein it is requested that revenues and expenditures in the 1986 budget be adjusted upward by a net amount of $112,200, as detailed in the attachments, the Council does hereby approve and authorize these adjustments, in the manner and form herein submitted 112-87 RESOLVED, that having considered a comrunication from the Director of Finance dated December 18, 1986, approved for submission by the Mayor and to which is attached a letter from Michael G Furlong, Director of Finance for the Livonia Public Schools, detailing the 1985-86 operating expenses of the Youth Employment Office, the Council does hereby authorize the payment of the sum of $12,000 to cover the City's 40% share of the costs incurred in connection with this program iir 113-87 RESOLVED, that having considered a comrunication from the Personnel Director dated December 12, 1986, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service 23094 IwoCommission on December 11 , 1986, regarding quotations for City-provided life and sickness and accident insurance, the Council does hereby accept the quotation fror North American Life Assurance Company, 33505 W Fourteen Mile Road, Suite 60, Farmington Hills, MI 48018, for providing the City with the aforesaid insurance for the total amount of $7,750.82, further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04.140.D 2 of the Livonia Code of Ordinances as amended #14-87 RESOLVED, that having considered the report and recommendation of the Fire Chief dated December 4, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve and authorize the expenditure of an additional $600 from the 1968 Fire Department General Obligation Bond Issue for the purchase of five (5) Ohmeda Portable Suction Units previously authorized to be purchased in Council Resolution 1057-86, the action herein being taken for the reasons indicated in the aforesaid communication 115-87 RESOLVED, that having considered the report and recommendation of the Chief of Police dated December 10, 1986 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the transfer of funds for the accounts and in the amounts detailed in the aforesaid communication, the grand total of which is in the amount of $229,183. #16-87 RESOLVED, that having considered a cocrunication from the Mayor dated December 23, 1986, with regard to the designation of a local agent to provide to the State and to the Federal Disaster Administration, Director of Housing and Urbar Developnent, for all matters pertaining to federal disaster assistance prescribed assurances and agreements, the Council does hereby refer this item to the Mayor Pro Ter for his report and recommendation 117-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 8, 1986, approved for submission by the Mayor and subritted pursuant to Council Resolution 775-86 with regard tc the possible relocation of sidewalks on the North side of West Chicago, between Merriman and Farmington Roads, the Council does hereby determine to take no further action imw 118-87 RESOLVED, that having considered a comrunication from the City Engineer dated December 4, 1986, approved for submission by the Mayor, recommerding that the City dedicate and establish a certain 12' wide easement for storm sewer purposes through the City-owned Jaycee Park site in the S.W 1/4 of Section 3, 23095 16.11 City of Livonia, Wayne County, Michigan, the Cou':il does hereby determine to dedicate and establish, for storm sewer purposes only, the following described easement A 12 foot wide easement for storm sewer located in the S.W 1/4 of Section 3, T 1S. , R 9E , City of Livonia, Wayne County, Michigan. The centerline of which is described as follows Commencing at the S W. corner of Section 3, T IS , R 9E. , and proceeding N 89°38'30" E , 665 51 feet and continuing N. 00°021OC" W. along the East line of Westmore Subdivision (recorded in Liber 48 of plats, Page 85, Wayne County Re:ords), 1586 58 feet, thence S 59°10'OC" E. , 60 58 feet, there S 51 °41 '35" E , 89.47 feet to the point of beginning of the centerline of the easement herein described, proceeding then:e N 89°58'OC" E. , 137 82 feet to the point of ending (Part of BL-eau of Taxation Parcel 03P2bla1 ). and does further request that the Wayne County Bu-eau of Taxation record such easement dedication on all maps issued by that office, and further, the City Clerk is hereby requested to have a certified copy of this resolution recorded at the Wayne County Register of Deed's office. 119-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 22, 1986, which bears the signature of the Finance Director and is approved for submission by the Mayor and which subm=ts final cost information in connection with the contract awarded to the Thompson-McCully Company pursuant to Council Resolution 706-85 for the improvement of Shadyside, Westmore and Curtis (S.A D. 261 ) as well as the improvement of Fairfield between Six Mile and Curtis (S.A D 262) in the N W 1/4 of Sectior 10, the Council does hereby determine as follows (A) To take no further action relative to adJsting the assessment rates as set forth in the assessment roll confirmed in Resolution No 540-85, (B) To establish the final project cost at $117,718 41 , of this total $291 ,931 55 ($275,751 00 plus $16,180.55) is to be charged to the subject special assessment district (261 ) and $125,786 8E ($124,593 36 plus $1 ,187 50) to be assumed by City road funds, (C) To authorize an expenditure in the amount of S417,718 41 from the $7 9 million General Obligation Road liw Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($291 ,931 55) and the next Mot_r Vehicle Highway Fund (M.V H F ) Bond Issue ($125,786 8E) , and 23096 ibb (D) To authorize the City Assessor and City Treasurer to increase the assessments for parcels listed in Attachment III so as to include the cost for additional work requested by property owners. #20-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 11 , 1986, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to an agreement previously authorized in Council Resolution 719-83 for the rehabilitation and reconstruction of a portion of the South service road, West of Newburgh Road, the Council does hereby appropriate and authorize the expenditure of an additional sum in the amount of $2,618 51 from the City's Motor Vehicle Highway Fund Receipts (Major Roads) to cover the additional costs incurred by the City in connection with this project 121-87 RESOLVED, that having considered a coRr. unication from Councilman Ron Ochala dated December 18, 1986, to which is attached a brochure by the Commission on the Bicentennial of the United States Constitution suggesting various ways the communities can participate in the 200th anniversary of the Constitution, the Council does hereby refer this item to the Historical Commission for its report and recommendation. 122-87 RESOLVED, that having considered a letter from the Regional Sales Engineer of the Neptune Water Meter Company dated December 31 , 1986 objecting to the award of the City of Livonia's intended water meter change out program to Rockwell International in Council Resolution 981-86, the Council does hereby refer this item to the Director of Public Works for his report and recommendation #23-87 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, February 18, 1987 at 8 00 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1 ) Petition 85-9-1-25, submitted by FCA Senior Citizen' s Housing Corporation for a change of zoning of property located on the East side of Farmington Road between Pickford and Curtis Avenues in the Northwest 1/4 of Section 10 from R-1 to P.S , the City Planning Commission in its resolution 12-314-86 having recommended to the City Council that Petition 85-9-1-25 be approved, 23097 (2) Petition 86-11-1-46, submitted by Gerald Borregard for a change of zoning of property located on the east and west sides of Oporto, south of Six Mile Road in the Northeast 1/4 of Section 14 from RU=A and R-5 to P.S. , the City Planning Commission in its resolution 12-306-86 having recommended to the City Co.ncil that Petition 86-11-1-46 be denied, (3) Petition 86-11-1-47, submitted by Pamela J. Bacon for a change of zoning of property located on the West side of Farmington Road between Oakdale and Myrna Avenues in the Southeast 1/4 of Section 16 from P.S. to R-3, the City Planning Commission in its resolution 12-307-86 having recommended to the City Colncil that Petition 86-11-1-47 be approved, and (4) Petition 86-10-6-3, submitted by the Cit) Planning Commission to amend Sections 25 07 and 26 07 of Zoning Ordinance 543 by incorporating language regarding the regulation of walls for high-rise buildings, 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 giver by registered 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. #24-87 RESOLVED, that having considered a comrunication from Norman D Masters dated December 11 , 1986, 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 December 9, 1986 by the City Planning Comrission in its resolution 12-308-86 with regard to a Petition 86-10-2-36 submitted by KFC Take Home Food Company requesting permission to construct a restaurant on the Southwest corner of Farmington Road and Schoolcraft Service Drive in the Northeast 1/4 of Section 28, the Council does hereby designate Wednesday , February 18, 1987 at 8 00 P M as the date and time for conducting a public imp 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 9 23098 ibmpublication 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. 125-87 RESOLVED, that having considered a comm.mication from Richard D Sikora dated December 18, 1986, 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 December 9, 1986 by the City Planning Comrission in its resolution 12-309-86 with regard to Petition 86-11-2-38 submitted by Richard D. Sikora requesting waiver use approval to utilize an SDM license in connection with an existing business located within the Laurel Commons Shopping Center on the North side of Six Mile Road, East of Newburgh in the Northeast 1/4 of Section 23, the Council does hereby designate Monday, February 16, 1987 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, Michigar, 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. 126-87 WHEREAS, the City of Livonia has received a request from Robert M. Currie, Attorney for Ram Real Estate Enterprises, dated December 11 , 1986, which submits an application proposing the establishment of an industrial development district, and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 1 . 54 acres lying in the Northeast 1/4 of Section 28 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 40 "; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 . The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 40. 2. This City Council sets Monday, February 16, 1987 at 7.00 P.M as the date for the holding of a public hearing on the 23099 question of whether this City Council should establish the Industrial Development District described above. 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. 127-87 WHEREAS, the City of Livonia has received a request from George Strumbos, President, Multiple Inthstrial Corp , dated December 19, 1986, which submits an application proposing the establishment of an industrial development district, and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 2 41 acres lying in the Northwest 1/4 of Section 27 as more particularly described in the attachment to the application which is hereby incorporated L. by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 41," NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVOhIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 41 2 This City Council sets Monday, February 16, 1987 at 7.00 P.M as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above A roll call vote was taken on the foregoing resolutions with the following result AYES Bennett, Ochala, McCotter, Feenstra, Bishop, Taylor, McCann NAYS: None. 23100 On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #28-87 RESOLVED, that having considered the report and recommendation of the Labor Relations Director dated December 1 , 1986 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Allied Communications, 17360 W Eight Mile Road, Southfield, MI 48075 for the pre-wiring of the Police Department addition for telephones for the price of $10,070, the same having been in fact the lowest bid received for this item and meets all specifications A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Ochala, McCotter, Feenstra, Taylor, McCann. NAYS Bishop. The President declared the resolution adopted imeOn a motion by Councilman Feenstra, seconded by Councilman Bennett, nd unanimously adopted, it was #29-87 RESOLVED, that having considered a comirunication from the City Assessor, dated December 3, 1986, approved for submission by the Mayor, with regard to a request from Stephen Demeter, 11829 Inkster, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Livonia Zoning Ordinance, the Council does hereby approve of the proposed combination of Tax Item Nos 46 100 01 0079 000 and 46 100 01 0083 000, and does accordingly, approve of combining the same into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A Schanhites Marquette Manor T1S R9E L 61 P63 WCR Lots 79, 80, 81 also E 1/2 Adj Vac Alley PARCEL B Schanhites Marquette Manor T1S R9E L 61 P63 WCR Lots 82, 83, 84 also 85 and E 1/2 Adj Vac Alley 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 A 23101 imil to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent reouired by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 240 TO TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Council President McCann invoked the Emergency Clause and Councilman Bishop gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result AYES Bennett, Ochala, McCotter, Feenstra, Bishop, Taylor, McCann NAYS None The President declared the Ordinance duly adopted and would become effective on imi publication On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #30-87 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated December 9, 1986 with regard to an application from Chung Man Lai for a new full year Tavern License to be located at 29195 Plymouth Road, Livonia, Michigan, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council denies the said request and would not recommend that the said application be approved by the Michigan Liquor Control Commission, and the City Clerk is hereby requested to forwarc a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #31-87 RESOLVED, that having considered the report and lim recommendation of the City Engineer dated December 22, 1986, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the turn back of the I-96 Service Drive to the City of Livonia fror. the Michigan 4 23102 Department of Transportation, and to which is attached a letter from the Engineer of Maintenance for Wayne County, along with eight Service Agreements between the City and the County for Wayne County to maintain the traffic signals along the service drives and establish the percentages to be paid by the City and the County, the Council does hereby authorize the Mayor and City Clerk to execute the said agreements for and on behalf of the City of Livonia in the manner and form hereir submitted, and the City' s share of signal maintenance and energy costs are hereby authorized to be paid from Motor Vehicle Highway Fund Receipts. A communication from the Superintendent of Parks and Recreation Department, dated January 13, 1987 re a Map of Jaycee Park showing prcposed improvements in landscaping, berm and ditching along the North portion was received and placed on file for the information of the Council . On a motion by Councilman Feenstra, seconded by Councilman Ochala, it das #32-87 RESOLVED, that having considered a communication from the City Planning Commission dated December 15, 1986 which transmits its resolution 12-313-86, adopted on Decerger 9, 1986, with regard to Petition 86-9-3-7 submitted by Carvis O'Neil Thornhill , requesting the vacating of Bennett Avenue between Fairfield and Hubbard, North of Six Mile Road in the Southwest 1/4 of Section 10, the Council does hereby cor:ur in the recommendation of the City Planning Commission anc does grant and approve the said petition subject to the retention of a full width easement, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Ochala, McCotter, Feenstra, McCann NAYS Bishop, Taylor. The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was 23103 #33-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated Decembe- 23, 1986, approved for submission by the Mayor, the Council does hereby approve and authorize a program to construct curb drops on Levan Road between Five Mile Road and Seven Mile Road for an estimated cost in the amount of $24,000 and the Enginee-ing/Building Department is hereby authorized to prepare plans, s:ecifications and arrange for the taking of bids for this project to be paid for with Motor Highway Fund Receipts (Major Road Acco.its). On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 134-87 RESOLVED, that having considered a comrrur=cation from the City Planning Commission dated December 15, 1986, which transmits its resolution 12-317-86 adopted on Decenoer 9, 1986 with regard to the proposed preliminary plat of Ellice Industrial Park Subdivision to be located on the West side of Merriman Road, North of the C & 0 Railway in the Northeast 1 4 of Section 27, City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said preliminary plat xas given by the City Planning Commission, after due notice a-d a public hearing on December 9, 1986, the City Council does hereby approve of the said preliminary plat subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements On a motion by Councilman Feenstra, seconded by Counclman Ochala, and unanimously adopted, it was 135-87 RESOLVED, that having considered a commur=cation from the City Planning Commission, dated September 29, 1986, which sets forth its resolution 9-248-86 adopted on September 23, 1986 with regard to Petition 86-8-1-34, submitted by the City Planning Commission for a change of zoning on prop_rty located on the West side of Osmus, South of Eight Mile Roe: in Section 3 from M-L to R-1 and R-3A, and on the East side of Osmus, South of Eight Mile Road in Section 3 from M-1 to R-1 a-d RUFA, and the Council having conducted a public hearing wit- regard to this matter on December 15, 1986, pursuant to Counc=l Resolution 1106-86, the Council does hereby concur in the re:ommendation of the Planning Commission and the said Petition 56-8-1-34 is hereby approved and granted, and the City Planne- is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt ti 23104 of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #36-87 RESOLVED, that the Council does hereby request that the Engineering/Building Department submit a report and recommendation as to why the building on the corner of Osmus and Eight Mile Road has not been completed. On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #37-87 RESOLVED, that having considered a communication from the City Planning Commission, dated October 29, 1986, which sets forth its resolution 10-270-86 adopted on October 21 , 1986, with regard to Petition 86-8-1-36, submitted by Jarvis Jones, Greenwood Gardens Nursery for a change of zoning on property located on the North side of Joy Road between Oxbow and Hartel in Section 36 from C-1 and RUF to C-2, and the Council having conducted a public hearing with regard to this matter on December 15, 1986, pursuant to Council Resolution 1075-86, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 86-8-1-36 is hereby denied for the following reasons 1 . The proposed change of zoning perpetuates the strip commercial zoning occurring all along Joy Road between Inkster and Middlebelt which is contrary to good planning principles 2 There is already an abundance of vacant C-2 General Commercial Zoning in the area 3 The proposed change of zoning is contrary to the Future Land Use Plan adopted by the Planning Commission which recommends medium density residential land use for the area 4 The proposed change of zoning represents a further intrusion of commercial zoning into an established residential neighborhood 5 The proposed change of zoning will cause an increase in 110 traffic congestion in the area as well as additional curb cuts as is the nature of strip commercial zoning and thereby would conflict with the normal through traffic of the area A roll call vote was taken on the foregoing resolution with the following result 23105 AYES. Bennett, Bishop, Taylor, McCann NAYS: Ochala, McCotter, Feenstra. The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was 138-87 RESOLVED, that having considered a communication from the City Planning Commission, dated October 29, 1986, which sets forth its resolution 10-271-86 adopted on October 21 , 1986, with regard to Petition 86-8-1-37, submitted by Joseph H. Amico for a change of zoning on property located on the North side of Schoolcraft between Yale and Ellen in the Southwest 1/4 of Section 21 from R-2 to P S. , and the Council having conducted a public hearing with regard to this matter on December 15, 1986, pursuant to Council Resolution 1075-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-8-1-37 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 139-87 RESOLVED, that having considered a communication from the City Planning Commission, dated October 29, 1986, which sets forth its resolution 10-272-86 adopted on October 21 , 1986 with regard to Petition 86-9-1-38, submitted by the City Planning Commission for a change of zoning on property located North of Seven Mile Road between Levan and Wayne Roads in the Southeast 1/4 of Section 5 from RUF to P L. , and the Council having conducted a public hearing with regard to this matter on December 15, 1986, pursuant to Council Resolution 1075-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-9-1-38 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. LA roll call vote was taken on the foregoing resolution with the following result. AYES McCotter, Feenstra, Bishop, Taylor, McCann. NAYS Bennett, Ochala. _ _ 23106 low The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #40-87 RESOLVED, that having considered a commurication from the City Planning Commission, dated October 29, 1986, which sets forth its resolution 10-275-86 adopted on October 21 , 1986 with regard to Petition 86-9-1-41 , submitted by Jack M. Freij for a change of zoning on property located on the Southeast corner of Seven Mile and Merriman Roads in the Northwest 1/4 of Section 11 from R-3 to C-1 , and the Council having conducted a public hearing with regard to this matter on December 15, 1986, pursuant to Council Resolution 1075-86, the Council does hereby concur in the recommendation of the Plannirg Commission and the said Petition 86-9-1-41 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Ochala, seconded by Councilman Taylor, and Lunanimously adopted, it was #41-8 7 RESOLVED, that having considered a commurication from the City Planning Commission, dated October 29, 1986, which sets forth its resolution 10-276-86 adopted on October 21 , 1986 with regard to Petition 86-9-1-42, submitted by Duke Associates & Schoolcraft College for a change of zoning on property located on the southwest corner of Seven Mile Road and the I-275 Freeway in the Northwest 1/4 of Section 7 from P.L. to C-2 and C-4II , and the Council having conducted a public hearing with regard to this matter on December 15, 1986, pursuant to Council Resolution 1075-86, the Council does hereby approve and grant Petition 86-9-1-42, as modified, so as to approve the requested C- 2 and approve a zoning change to PO-II for the balance of the subject property (in lieu of C-4II) , and the City Planner is hereby instructed to cause the necessary map fo• publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. iho On a motion by Councilman Ochala, seconded by Councilman Feenstra, and 23107 L. animousiy adopted, it was #42-87 RESOLVED, that having considered a communication from the City Planning Commission, dated October 29, 1986, which sets forth its resolution 10-276-86 adopted on October 21 , 1986 with regard to Petition 86-9-1-42, submitted by Duke Associates b Schoolcraft College for a change of zoning on property located on the southwest corner of Seven Mile Road and the I-275 Freeway in the Northwest 1/4 of Section 7 from P.L. to C-2 and C-4II , and the Council having conducted a public hearing with regard to this matter on December 15, 1986, pursuant to Council Resolution 1075-86, the Council does hereby refer to the Engineering and Building Department for its report and recommendation the issue of sewers in the area of the property being developed in the Southwest 1/4 of Seven Mile Road and the I-275 Freeway. On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #43-87 RESOLVED, that having considered a communication from the City Planning Commission, dated November 18, 1986, which sets forth its resolution 11-285-86 adopted on November 18, 1986 with regard to Petition 86-10-1-43, submitted by William Roskelly for a change of zoning on property located South of Seven Mile Road between Wayne and Laurel Roads in the Northwest 1/4 of Section 9 from RUFB to R-4B, and the Council having conducted a public hearing with regard to this matter on January 5, 1987, pursuant to Council Resolution 1130-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-10-1-43 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #44-87 RESOLVED, that having considered a commurication from the City Planning Commission, dated December 1 , 1986, which sets forth its resolution 11-289-86 adopted on November 18, 1986, Impwith regard to Petition 86-10-2-35 submitted by the Southland Corporation requesting waiver use approval to utilize an SDM License within a 7-Eleven store proposed to be located on the 23108 North side of Five Mile Road, West of Levan in the Southwest 1/4 of Section 17, which property is zoned C-1 , and the Council having conducted a public hearing with regard to this matter on January 5, 1987, pursuant to the Council Resolution 1150-86, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 86-10-2-35 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. A communication from the City Clerk, dated December 15, 1986, re Oakland Schools - Summer Tax Collection was received and placed on file for the information of the Council . A communication from the City Clerk, dated December 15, 1986, re Clarenceville School District, School Property Taxes, was received and placed on file for the information of the Council . On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was 145-87 RESOLVED, that having considered a communication from the Director of Community Resources dated December 5, 1986, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept a cash donation in the amount of $1 ,000 from the Livonia Heart Fund, the purpose of which is to facilitate Project Impact and Parent Education classes; and the Council does hereby authorize an increase in Sundry Income Account 010-000.698.000 and Community Resources Account 101-891-886. 140 each in the amount of $1 ,000 to reflect the action taken herein On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 146-87 RESOLVED, that having considered a communication from the Director of Community Resources dated December 9, 1986, which is approved by the Finance Director and the Mayor, the Council does hereby accept a cash donation in the amount of $892.18 from the Livonia Busy G' s Gift Shoppe, and the Council does hereby authorize an increased in Sundry Income Account 101-000-698.000 000 and Community Resources Account 101-891-931 .010.000 in the amount of $892 18 each to reflect the action taken herein 23109 lb. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was 147-87 RESOLVED, that having considered a communication from the City Engineer dated December 5, 1986, approved as to form by the City Attorney and approved for submission by the Mayor and which transmits for Council acceptance a Quit Claim Deed from the Livonia Public Schools School District, conveying to the City certain property described as follows. The North 30 feet of the following described parcel Part of the S W. 1/4 of Section 3 T 1S , R.9E. , City of Livonia, Wayne County, Michigan beginning at a point distant N 89°20' 40" W. , 33 feet from the center 1/4 corner of Section 3 ; thence S. 0°22'W. , 1310.75 feet, thence 89°40'20" W. , 302.77 feet, thence N. 0°18'40" E. , 7.15 feet, thence N. 89°40'20" W. , 165 feet, thence N. 0°18'40" E. , 1305. 56 feet, thence S. 89°20'40" E. , 468.90 feet to the point of beginning. (Pembroke Avenue Right-of-Way) the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid Quit Claim Deed, and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was 148-87 RESOLVED, that having considered a communication from the Department of Law, dated December 9, 1986, submitted pursuant to Council Resolution 1110-86, transmitting for Council acceptance a warranty deed dated November 24, 1986, executed by Roy P. Stone and Esther N Stone, his wife, conveying to the City certain property described as follows A parcel of land situated in the Southeast 1/4 of Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne County, Ira Michigan, as more fully described as follows: Commencing at the South 1/4 corner of said Section 6 and proceeding thence North 88 degrees 03 minutes 03 seconds East, 989 69 feet along the Southerly line of the section (also the centerline of Seven Mile Road, variable width), thence North 01 degrees 41 minutes 23110 ibm47 seconds West, 100.00 feet to the point of beginning, continuing thence North 01 degrees 41 minutes 47 seconds West, 632.00 feet, thence North 88 degrees 03 minutes 03 seconds East, 100.00 feet; thence South 01 degrees 41 minutes 47 seconds East, 573. 50 feet, thence South 88 degrees 03 minutes 03 seconds West 50.00 feet, thence South 01 degrees 41 minutes 47 seconds East, 64. 38 feet, thence North 85 degrees 14 minutes 22 seconds West 50.34 feet to the point of beginning, subject to the rights of the public in Seven Mile Road. the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #49-87 RESOLVED, that the City Council does hereby refer to the Committee of the Whole the subject of possible amendment of the City Charter provisions concerning vacancies in the elective offices of the Mayor, the City Clerk and the City Treasurer. On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #50-87 RESOLVED, that having considered a letter from the Council President, dated January 5, 1987, to which is attached a proposed schedule of Council Study and Regular meetings for the period February through December, 1987, the Council does hereby approve the following dates for City Council Meetings for 1987, subject to change with notice: STUDY MEETINGS REGULAR MEETINGS Monday, Feb. 2 FEBRUARY Wednesday, Feb. 11 Monday, Feb. 16 Wednesday, Feb. 25 Wednesday, March 4 Monday, March 16 MARCH Wednesday, arch 11 M Wednesday, March 25 Monday, March 30 Monday, April 13 APRIL Wednesday, April 8 23111 Monday, April 27 Wednesday, Aril 22 Monday, May 11 MAY Wednesday, May 6 Wednesday, May 27 Wednesday, May 20 Wednesday, June 10 JUNE Wednesday, J.ne 3 Monday, June 22 Wednesday, J,ne 17 Monday, July 6 JULY Wednesday, J.ly 1 Monday, July 20 Wednesday, J.ly 15 Wednesday, Aug. 12 AUGUST Monday, Aug 10 Monday, Aug. 24 Wednesday, A.g 19 Monday, Sept. 21 SEPTEMBER Wednesday, Sept. 2 Wednesday, Sept 30 Monday, Oct. 5 OCTOBER Wednesday, D:t. 14 Monday, Oct. 19 Wednesday, 0:t. 28 Monday, Nov. 9 Monday, Nov 16 Wednesday, Nov. 18 NOVEMBER Monday, Nov. 23 Monday, Nov 30 110. Wednesday, Dec. 9 DECEMBER Monday, Dec 7 Monday, Dec 21 On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #51-87 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 475-82 so as to permit consideration of several items that do not appear on the agenda. A communication from the Chairperson of the Livonia Cable Television Commission, dated January 9, 1987 concerning a Revision ir Allocation of Public Access Channel for M-Star was received and placed on file for the information of the Council . On a motion by Councilman Bennett, seconded by Councilwoman McCotter, Land unanimously adopted, it was 23112 iim #52-87 RESOLVED, that having considered a communication from the Mayor, dated January 12, 1987 wherein it is indicated that the Mayor has appointed Raul A. Galindo as the City's delegate to the Rouge Watershed Council , with John P. Hill being designated as alternate delegate, the Council does hereby determine to concur in and approve of such action. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #53-87 WHEREAS, Section 13 (7) of Act 51 , Public Acts of 1951 provides that each incorporated city and village to which funds are returned under the provisions of this section, that, "the responsibility for street improvement, maintenance, and traffic operation work, and the development, construction, or repair of off-street parking facilities and construction or repair of street lighting shall be coordinated by a single administrator to be designated by the governing body who shall be responsible for and shall represent the municipality in transactions with the state transportation department pursuant to this act. " Therefore, be it resolved, that this Honorable Body designate Raul A. Galindo, P.E. (City Engineer) as the single (Street) administrator for the City of Livonia in all transactions with the State Transportation Department as provided in Section 13 of the Act. On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #54-87 RESOLVED, that having considered a communication from the Mayor, dated January 12, 1987, wherein it is indicated that the Mayor has appointed Raul A. Galindo, City Engineer, as the City' s representative on the Wayne County Federal Aid Urban System Task Force, the Council does hereby determine to concur in and approve of such action. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #55-87 RESOLVED, that having considered a letter from the Mayor Pro Tem received by the office of the City Clerk on January 12, 1987, wherein it is suggested that Section 2 25.040 of the Livonia Code of Ordinances be amended so as to delete the words "who shall also serve as the City' s Building Official ," the Council does hereby refer this item to the Department of Law 23113 for the preparation of an appropriate ordinance amendment to be submitted to the Council for its consideration. On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #56-87 RESOLVED, that the City Council hereby establishes the compensation of the Mayor Pro Tem during 1987 at the same rate as that received by the Mayor effective January 1 , 1987, less the amount received in Council compensation A roll call vote was taken on the foregoing resolution with the following result. AYES Feenstra, Bishop, Taylor, McCann. NAYS: Bennett, Ochala, McCotter. The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, this 1 ,095th Regular Meeting of the Council of the City of im,Livonia was adjourned at 9:05 P.M. , January 14, 1987. "4efrit44 k°4?141144 Robert F Nash, City Clerk