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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-12-03 33313 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTY-FOURTH REGULAR MEETING OF DECEMBER 3, 2001 On December 3, 2001, 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 Pastor delivered the invocation Roll was called with the following result: John Pastor, Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, John Walsh and Maureen Miller Brosnan Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Robert Beckley, Director of Public Works, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Pastor, it was CR 748-01 RESOLVED, that the minutes of the 1,453rd Regular Meeting of the Council held November 21, 2001 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Duggan, Laura, Engebretson, Walsh and Brosnan NAYS None PRESENT Vandersloot During the audience communication portion of the agenda, Council President Brosnan announced that she is expecting another baby, due in May, 2002 A communication from the Public Service Division, dated November 28, 2001, re a summary, by section, of the homes that still utilize septic systems in the City of Livonia, that number being 182 homes, was received and placed on file for the information of the Council (Agenda Item#2) A communication from the Public Service Division, dated November 28, 2001, re a list of references for J H Hart Urban Forestry, the company that is being 33314 awarded the City of Livonia bid for wood processing and disposal services, was received and placed on file for the information of the Council (Agenda Item #4) On a motion by Duggan, seconded by Vandersloot, it was CR 749-01 RESOLVED, that having considered a communication from the City Assessor, dated November 7, 2001, approved for submission by the Mayor, with regard to a request from Lami Taweel of Taweel Engineering Services, P C , on behalf of Mr and Mrs Said Warra, 8887 Floral, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46-144-01-0070-000 into two parcels since the same would be in violation of the City's Zoning Ordinance and Law, as well as for the reason that the proposed lot split would not be consistent with good Planning and Zoning practice CR 750-01 RESOLVED, that having considered a letter from H John Allie, Partner, Allie Investment Co , 20295 Middlebelt, Livonia, Michigan 48152, dated September 5, 2001, and a communication from the Public Utility Manager, Water and Sewer Board and the Director of Public Works, dated November 13, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Water and Sewer Board Resolution #WS 3388, adopted on November 1, 2001, with regard to the proposed installation of a sanitary sewer on Fremont Avenue, South of Norfolk, the Council does hereby refer this matter to the Engineering Department to prepare plans and specifications and to solicit bids for this project; FURTHER, the Council does hereby request that the Law and Engineering Departments take all steps necessary to obtain any easements found to be necessary during the design phase, FURTHER, the Council does hereby authorize the utilization of proceeds from the 2000 Water and Sewer Revenue Bond to pay for this work, the estimated cost of such project to be in the amount of $42,400 00 A communication from the Office of the Mayor, dated November 9, 2001, Administrative Response — re the encroachment of SPREE activities onto residential properties on Stamford Street and Stark Road, was received and placed on file for the information of the Council (CR 435-01) CR 751-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director 33315 of Public Works, dated November 2, 2001, 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 J H Hart Urban Forestry, P 0 Box 222, Birmingham, Michigan 48012, for supplying the Public Service Division with wood processing and disposal services for the period January 1, 2002 through December 31, 2003, for the estimated total cost of $41,510 00 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 cost and unit prices having been in fact the lowest bid received and meets specifications, 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 A communication from the Department of Law, dated October 4, 2001, re additional costs incurred in connection with Old Rosedale Gardens Special Assessment Street Improvement, was received and placed on file for the information of the Council (CR 533-01) A communication from the Department of Law, dated November 14, 2001, re City policies as to the manner in which contracts and payment arrangements are negotiated, was received and placed on file for the information of the Council (CR 534- 01) A communication from the Engineering Division, dated September 28, 2001, re an interim report on the condition of pavement on Elmira and Orangelawn relative to the Old Rosedale Gardens Special Assessment Street Improvement Project, was received and placed on file for the information of the Council (CR 535-01) CR 752-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated October 30, 2001, which bears the signature of the Director of Finance, is approved by the Chairman of the Water and Sewer Board and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of lnsituform Technologies USA, Inc., 1950 Sequoia Trail, Owosso, Michigan 48867, for completing all work required in REVISED - SEE BOLD PRINT 33316 connection with the Merriman Road and Middlebelt Road Sanitary Sewer Relining Project (Contract 01-N) for the estimated total cost of $141,845 00, based on the Engineering 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 cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an appropriation and expenditure in the amount of$141,845 00 from Account No 592-158-000 (Construction-in-Progress) for this purpose, with reimbursement from the 2000 bond proceeds, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 753-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 2, 2001, which transmits its resolution 10-172-2001, adopted on October 30, 2001, with regard to Petition 01-9-2-18, submitted by Nextel Communications requesting approval to co-locate a cellular antenna on an existing Detroit Edison high tension utility tower and to construct a 12' x 20' x 10' prefabricated equipment shelter located on the north side of Ann Arbor Trail between Levan Road and Angeline Circle in the Northwest 1/4 of Section 32, which property is zoned RUF, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01- 9-2-18 is hereby approved and granted, subject to the following conditions 1 That the Enlarged Site Plan/Elevation Plan, marked Sheet A-2, prepared by Christopher Wzacny and Associates, Inc., with a revision date of October 30, 2001, is hereby approved and shall be adhered to, 2 That the equipment shelter building shall be constructed of full-face four inch (4") brick on all four sides and with an asphalt shingled gable roof; 3 That the landscaping shown on the above-referenced site plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That barbed wire shall not be allowed anywhere on the facility; 33317 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 6 That the drive approach from the traveled edge of the road up to the future right-of-way line shall be paved with asphalt or as required by the City Engineering Division, and 7 That three (3) additional Austrian Pines shall be planted along the northwest corner so they will block the view of the cellular tower from neighboring homes as directed by the Planning Commission CR 754-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 2, 2001, which transmits its resolution 10-174-2001, adopted on October 30, 2001, with regard to Petition 01-10-2-20, submitted by Arbor Drugs, Inc. d/b/a CVS Pharmacy #8015 requesting waiver use approval to transfer SDM license #17038 currently at 29553 Five Mile Road to 29500 Five Mile Road located on the north side of Five Mile Road between Middlebelt Road and Hidden Lane (29500 Five Mile Road) in the Southeast 1/4 of Section 14, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01-10-2-20 is hereby approved and granted, subject to the waiving of the 500 foot separation requirement relative to SDM licenses as set forth in Section 11 03(r)(1) of the Zoning Ordinance No 543 for the following reasons 1 That the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2. That the subject site has the capacity to accommodate the proposed use, 3 That the proposed use is compatible to and in harmony with the surrounding uses in the area, and 4 That the granting of this petition will not increase the number of SDM licensed facilities in the general area A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Duggan, Laura, Engebretson, Vandersloot, Walsh and Brosnan NAYS None Councilmember Duggan left the podium at 8.07 p m due to a conflict or interest. 33318 On a motion by Engebretson, seconded by Walsh, and unanimously adopted, it was CR 755-01 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated November 14, 2001, submitted pursuant to Council Resolution 808-00, regarding a request from Estate Millcreek L L C , dated October 20, 2000, that the City grant a sanitary sewer easement over City-owned property located on the south side of Seven Mile Road, east of Brookfield Avenue, in the Northwest 1/4 of Section 10, the Council does hereby determine to dedicate and establish for sanitary sewer purposes only the following described easement: That part of the North 1/2 of Section 10, T 1S , R.9E., City of Livonia, Wayne County, Michigan more particularly described as commencing at the Southeast corner of lot 119, Argyle Park Subdivision, as recorded in Liber 54, Page 79, Wayne County Records and proceeding thence North 89°44'30" East, 79 38 feet; thence North 00°38'35" West, 301 89 feet; thence North 89°44'30" East, 95210 feet; thence South 00°39'00" East, 30 00 feet; thence South 89°44'30" West, 922 10 feet; thence South 00°38'35" East, 301 89 feet; thence South 89°44'30" West, 109 38 feet; thence North 00°38'48" West, 30 00 feet to the point of beginning Containing 0 918 acres and the Council does further request that the Wayne County Bureau 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 in the Wayne County Register of Deed's Office Councilmember Duggan returned to the podium at 8 08 p m A communication from the Public Service Division, dated November 30, 2001, re an amendment to the Contract for the Storm Water Management Study that clarifies the change of scope and cost in this study, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was 33319 CR 756-01 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated November 14, 2001, submitted pursuant to Council Resolution 44-99, and the report and recommendation of the Director of Public Works, dated November 30, 2001, with respect to the Stormwater Management Study Project, the Council does hereby approve the changes to the Scope of Services for the Stormwater Management Study Contract between the City of Livonia and the Joint Venture of Hubbell, Roth & Clark, Inc , 555 Hulet Drive, Bloomfield Hills, Michigan 48303, and Orchard, Hiltz & McCliment, Inc., 34935 Schoolcraft Road, Livonia, Michigan 48150, and does hereby authorize an amendment to the contract by expanding the Scope of Services to be performed to include Design Services for the Idyl Wyld Retention Basin Project as described in the letter from the Joint Venture dated November 19, 2001, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $98,000 00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose, with the understanding that these funds shall be reimbursed from the State of Michigan Clean Michigan Grant Funds, FURTHER, any federal grant funds received for eligible work completed under the Stormwater Management Study will be returned to the Water and Sewer Fund, and the Mayor and City Clerk are hereby authorized to execute an amendment to the existing contact, for and on behalf of the City of Livonia, with the aforesaid Joint Venture, subject to approval as to form by the Department of Law, and to do all things necessary or incidental to the full performance of this resolution On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 757-01 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated November 14, 2001, submitted pursuant to Council Resolution 44-99, and the report and recommendation of the Director of Public Works, dated November 30, 2001, with respect to the Stormwater Management Study Project, the Council does hereby approve the changes to the Scope of Services for the Stormwater Management Study Contract between the City of Livonia and the Joint Venture of Hubbell, Roth & Clark, Inc., 555 Hulet Drive, Bloomfield Hills, Michigan 48303, and Orchard, Hiltz & McCliment, Inc., 34935 Schoolcraft Road, Livonia, Michigan 48150, and does hereby authorize an amendment to the contract by expanding the Scope of Services to be performed to include Design Services for the Street Waste Transfer Facility Project as described in the letter from the Joint Venture dated November 19, 2001, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed 33320 $20,000 00 from the Unexpended Fund Balance of the Refuse Fund (205) for this purpose, FURTHER, any federal grant funds received for eligible work completed under the Stormwater Management Study will be returned to the Refuse Fund, and the Mayor and City Clerk are hereby authorized to execute an amendment to the existing contact, for and on behalf of the City of Livonia, with the aforesaid Joint Venture, subject to approval as to form by the Department of Law, and to do all things necessary or incidental to the full performance of this resolution On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 758-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 19, 2001, submitted pursuant to Council Resolution 171-00, and a letter from the Department of Law, dated November 13, 2001, approved for submission by the Mayor, pertaining to a proposed amendment to Council Resolution 573-01, the Council does hereby amend and revise Council Resolution 573-01 so as to have the same read as follows RESOLVED, that having considered a letter from the Department of Law, dated November 13, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, pertaining to a proposed amendment to Council Resolution 573-01, to which is attached a Real Estate Sales Agreement (the "Agreement"), the Council does hereby accept the offer of Quality Metalcraft, Inc , 33355 Glendale, Livonia, Michigan 48150, to purchase certain City-owned property in the Northwest 1/4 of Section 27, further described as That part of the Northwest 1/4 of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan more particularly described as beginning at a point distant South 00°06'20" West, 825 00 feet and North 89°35'30"West, 1,326 76 feet and South 00°20'30" West, 963 00 feet from the North 1/4 corner of Section 27 and proceeding thence South 89°12'20" East, 258 75 feet; thence South 00°20'30" West, 325 00 feet; thence North 89°12'20" West, 258 75 feet; thence North 00°20'30" East, 325 00 feet to the point of beginning. Containing 1 930 Acres for the sum of $275,000 00, subject to execution of a Real Estate Sales Agreement substantially in the form of the Agreement; and the Department of Law is requested to negotiate, prepare and place 33321 in proper form such Real Estate Sales Agreement, Quit Claim Deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Mayor and City Clerk are hereby requested to execute such Real Estate Sales Agreement, Quit Claim Deed, and such other documents as may be necessary, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby direct that the net proceeds from the sale of this property be deposited into the Capital Improvement •Fund (401) for future capital improvement projects On a motion by Walsh, seconded by Duggan, and unanimously approved, it was CR 759-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 2001, submitted pursuant to Council Resolution 403-01, the Council does hereby take this means to indicate its support for H R 432 and 433, introduced by Congressman John Dingell, to restore state and local control over the time periods that trains may block roadways at grade crossings, FURTHER, the Council does hereby request that copies of this resolution be forwarded to Congressman Dingell, U S Senator Debbie Stabenow, U S Senator Carl Levin, U S Representative Joe Knollenberg, U S Representative Lynn Rivers, the Michigan Municipal League State and Federal Affairs Division and the Conference of Western Wayne A communication from the Department of Law, dated November 19, 2001 re comparing the wording of State law relative to the leashing of dogs with the City of Livonia Ordinance, was received and placed on file for the information of the Council (CR 625-01) The following persons were present at the meeting and spoke in favor of amending the present City Ordinance so that a leash law would be mandatory. Carl Quist, 16942 Yorkshire, 48154 — also would like a dog park established Peggy Fisher-Kmieciak, 36122 Allen Avenue, 48154 Ralph Williams, 18630 Foch, 48152 The following persons were present at the meeting and spoke in opposition to amending the present City Ordinance 33322 Gina Fournier, 9928 Sunset, 48150 Gary Swain, 8930 Frederick, 48150 Bernard Moshel, 32674 Myrna, 48154 Terry Stevens, 18525 Parklane, 48152 Joyce Kubrak, 14224 Melvin, 48154 Bob McNall, 31640 Bobrich, 48152 Thomas Mausolf, 18005 Ventura Ct., 48152 The following persons spoke in favor of establishing a dog park. Nora Creighton, 30918 Bobrich, 48152 Bruce Bacon, 29461 Linda, 48154 On a motion by Walsh, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 2001, submitted pursuant to Council Resolution 626-01 and a request from John D Gleason, dated September 10, 2001 , the Council does hereby request that the Department of Law prepare an appropriate Ordinance Amendment to Chapter 6 04 of the Livonia Code of Ordinances (Dogs) for submission to Council which would require dogs to be on a leash when off the premises of the owner A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Engebretson and Brosnan NAYS Pastor, Duggan, Vandersloot and Walsh The President declared the resolution failed A communication from Gina Fournier, 9928 Sunset, Livonia, 48150, dated November 21, 2001, re her opposition to a change in a City ordinance relative to dogs being under "reasonable control", was received and placed on file for the information of the Council (CR 626-01) On a motion by Walsh, seconded by Pastor, it was CR 760-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 2001, submitted pursuant to Council Resolution 626-01, the Council does hereby 33323 refer the subject of the establishment of "dog parks" in the City to the Administration for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Duggan, Laura, Vandersloot and Walsh NAYS Engebretson and Brosnan The President declared the resolution passed A communication from Gordon St. John, dated November 30, 2001, re stating his opposition to changing the City's dog ordinance to a leash law, was received and placed on file for the information of the Council (CR 626-01) A memorandum received on December 3, 2001 re phone call from Marie Plester, 29580 Hathaway, Livonia, 48150 wherein she stated that she in favor of Livonia adopting a leash law for dogs, was received and placed on file for the information of the Council (CR 626-01) On a motion by Walsh, seconded by Pastor, it was RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 2001, submitted pursuant to Council Resolution 626-01, and a request from John D Gleason, dated September 10, 2001, to modify the City's dog leash ordinance to require dogs to be on a leash when off the premises of the owner, the Council does hereby determine to take no further action with regard to this matter Upon clarification that the above resolution would not be necessary to have this matter taken out of the Legislative Committee, Councilmember Walsh withdrew his motion and Councilmember Pastor withdrew his support of the motion A communication from the Office of the Mayor, dated November 19, 2001, re his recommendation that the City supplement employee-reservists military salaries and award appropriate benefits while they are performing extended military service for a 33324 period of one year, was received and placed on file for the information of the Council (CR 622-01) On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 761-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 2001, submitted pursuant to Council Resolution 621-01, and the report and recommendation of the Mayor, dated November 19, 2001, with regard to compensation for City employees when involuntarily activated for military duty, the Council does hereby approve the recommendation of the Administration in this regard and hereby refers this matter to the Civil Service Department to take all steps necessary to implement such recommendation, FURTHER, the Council does hereby refer the subject of funding sources for such compensation to the Director of Finance for a report and recommendation Councilmember Walsh left the podium at 9 01 p m due to a conflict of interest. On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 762-01 RESOLVED, that having considered a letter from Jill F O'Sullivan, Vice President for Finance and Business Services, Schoolcraft College, dated November 15, 2001, and the report and recommendation of the Director of Inspection, dated November 26, 2001, regarding a request to waive the amount of Livonia construction permit fees exceeding the amount the State of Michigan would charge for its construction permit, the Council does hereby approve a 50% reduction in permit fees for Schoolcraft College in accordance with Section 15 56 020(k) of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize a refund to Schoolcraft College in the amount of $35,330 00 ($34,280 00 from Account No 101-000-504-000 (Building Permits) and $1,050 00 from Account No 101-000-519-000 (Plan Review & Zone) for Permit and Plan Review fees paid to the City in connection with new construction and renovation of an existing building Councilmember Walsh returned to the podium at 9 02 p m On a motion by Laura, seconded by Duggan, and unanimously adopted, it was 33325 CR 763-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 2, 2001, which transmits its resolution 10-173-2001, adopted on October 30, 2001, with regard to Petition 01-9-2-19, submitted by Joel House, on behalf of Iron Tree, Inc d/b/a The CAT Rental Store, requesting waiver use approval to operate a light construction equipment rental and sales facility with outdoor display and storage on property located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, which property is zoned C-2 and M-1, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A communication from Joel House, President of the CAT Rental Store, 24460 Novi Road, Novi, MI 48375, dated November 27, 2001, re a clarification of the items that he is requesting in his waiver use petition, was received and placed on file for the information of the Council (Petition 01-9-2-19 On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was CR 764-01 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 14 38 acres of property located in the Victor Corporate Park, in the Southeast 1/4 of Section 6, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 85", and WHEREAS, written notice has been given by certified mail to Pinnacle Auburn Hills, LLC of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 85, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 85, and WHEREAS, on November 14, 2001 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District 33326 No 85, at which time Pinnacle Auburn Hills, LLC and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Pinnacle Auburn Hills, LLC attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 85 " EXHIBIT A Part of the Southeast 1/4 of Section 6 Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as follows Commencing at the south 1/4 corner of Section 6, thence along the South line of said Section 6 North 88 degrees 03 minutes 03 seconds East 791 00 feet; thence North 01 degrees 56 minutes 57 seconds West 100 00 feet to the East Right of Way line of 1-275 and the North Right of Way line of Seven Mile Road, thence along the East Right of Way line of 10275 the following four (4) courses, North 46 degrees 56 minutes 57 seconds West 176 78 feet, North 01 degrees 56 minutes 57 seconds West 182 04 feet, North 28 degrees 18 minutes 53 seconds West 214 18 feet, North 54 degrees 41 minutes 00 seconds West 454 09 feet to the point of beginning, continuing thence along the East Right of Way line of 1-275, the following five (5) courses, North 54 degrees 41 minutes 00 seconds West 67 11 feet, North 45 degrees 10 minutes 07 seconds West 245 79 feet, North 26 degrees 08 minutes 28 seconds West 245 79 feet, North 16 degrees 35 minutes 10 seconds West 369 12 feet and to a curve to the left, having a Radius of 5963 58 feet and a Central Angle of 02 degrees 10 minutes 06 seconds, thence along the Arc of said curve to the left, 225 69 feet, said Arc subtended by a Chord which bears North 19 degrees 02 minutes 26 seconds West 225 68 feet; thence North 87 degrees 31 minutes 43 seconds East 685 97 feet to a point on the Westerly Right of Way line of Victor Parkway (60 feet wide) and to a point of intersection with a non-tangent curve, having a Radius of 550 00 feet and a Central Angle of 55 degrees 01 minutes 18 seconds, thence along said line the following two (2) courses, the Arc of said curve to the left 528 17 feet, said Arc subtended by a Chord which bears south 32 degrees 43 minutes 11 seconds East 508 11 feet to a point of reverse curvature with a curve, having a Radius of 330 00 feet and a Central Angle of 15 degrees 14 33327 minutes 41 seconds, thence along the Arc of said curve to the right 87 80 feet, said Arc subtended by a Chord which bears South 52 degrees 36 minutes 28 seconds East 87 55 feet to the point of intersection with a non- tangent line, thence South 45 degrees 00 minutes 51 seconds West 55 77 feet; thence South 73 degrees 24 minutes 50 seconds West 118 17 feet; thence South 16 degrees 35 minutes 10 seconds East 259 39 feet; thence South 88 degrees 03 minutes 03 seconds West 34 11 feet; thence South 01 degrees, 56 minutes 57 seconds East 36 18 feet; thence South 88 degrees 03 minutes 03 seconds West 7311 feet; thence South 01 degrees 56 minutes 57 seconds east 24 00 feet; thence South 88 degrees 03 minutes 03 seconds West 334 11 feet; thence South 01 degrees 41 minutes 47 seconds East 151 91 feet to the point of beginning Tax Item No 46-024-99-0001-001 On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 765-01 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 Duggan, seconded by Pastor, and unanimously adopted, it was CR 766-01 RESOLVED, that having considered the report and recommendation from the Director of Public Works and the City Engineer, dated November 19, 2001, approved for submission by the Mayor, and the report and recommendation of the Department of Law, dated November 28, 2001, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Livonia Public Schools, requesting approval for the installation of approximately 28 miles of aerial cable that includes 5 75 miles on major roads, 1,150 feet on local roads, and the balance within easement areas, as more particularly described in the attachment to the Permit Application, the Council does hereby designate Wednesday, January 9, 2002, at 7 00 p m as the date and time for conducting a Public Hearing with regard to whether or not to approve such Permit Application, 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 Section 12 06 050G of the Livonia Code of Ordinances, as amended 33328 Terry Herdman, representing Livonia Public School, was present at the meeting and stated that he would appreciate a favorable vote on the schools' request for a Telecommunications Permit. Donna Mulcahy, 30850 Robert Drive, Livonia, 48150, asked the Council to provide a clearer definition of "reasonable control" as it relates to the City's Ordinance regarding dogs, and stated that she felt parks were for people only Ms Mulcahy was reminded that this matter had already been addressed at an earlier portion of the Council meeting On a motion by Pastor, seconded by Duggan, and unanimously adopted, this 1,454th Regular Meeting of the Council of the City of Livonia was adjourned at 9 15 p m , December 3, 2001 )� �{ ;( )1<(1 ((I Joan McCotter, City Clerk