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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-01-24 32744 MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRTY-THIRD REGULAR MEETING OF JANUARY 24, 2001 On January 24, 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 Laura delivered the invocation Roll was called with the following result: Joe Laura, Jack Engebretson, Val I Vandersloot, John Walsh, John Pastor and Maureen Miller Brosnan Absent: Brian Duggan - ill Elected and appointed officials present Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Linda McCann, Director of Community Resources, Ian Wilshaw, Traffic Commission, Eric Stempien, member of the Livonia Commission of Children and Youth, Kirsten Galka, member of the Livonia School Board and Dave Watson, Director of Operations, Livonia Public Schools On a motion by Vandersloot, seconded by Walsh, it was CR 27-01 RESOLVED, that the minutes of the 1,432"d Regular Meeting of the Council held January 10, 2001 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Engebretson, Vandersloot, Walsh and Pastor NAYS None PRESENT Brosnan On a motion by Laura, seconded by Pastor, and unanimously adopted, it was CR 28-01 RESOLVED, that the Council does hereby refer the matter of special attention for traffic detail and police patrol on Levan Road between 32745 Five and Six Mile Roads to the Office of the Mayor for a report and recommendation During audience communication, Councilmember Pastor wished Linda, his wife of 14 years, a "Happy Anniversary" Council President Brosnan thanked Council Vice-President Vandersloot for the excellent job that she did in conducting the last voting meeting and the last Public Hearing On a motion by Pastor, seconded by Walsh, it was CR 29-01 RESOLVED, that having considered a communication from the Mayor, dated January 9, 2001, wherein he has requested approval of the appointment of Ms Ann Weinsheimer, 37912 N Laurel Park Drive, Livonia, Michigan 48152, to the Local Officers Compensation Commission to fill a vacancy for a term expiring April 2, 2004, pursuant to Section 2 48 020 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such appointment, provided that Ms Weinsheimer takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. CR 30-01 RESOLVED, that having considered a communication from the City Assessor, dated December 5, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct public hearings in 2001, which public hearings are to be conducted in the Conference Room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 FIRST SESSION Tuesday March 6, 2001 Organizational Meeting 1 30 p m -4 30 p.m Friday March 9, 2001 9.00 a m - 12.00 p m 1 30 p m -4 30 p.m Saturday March 10, 2001 9.00 a.m - 1.00 p.m SECOND SESSION Monday March 12, 2001 1.00 p m -4.00 p.m 6.00 p m -900 p.m Tuesday March 13, 2001 9.00 a m - 12.00 p m 1 30 p.m -4 30 p.m FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members 32746 Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E V ) for the year 2001 CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Residential 50 00 1 0000 Personal 50 00 1 0000 - A communication from the Office of the City Clerk, dated December 21, 2000, re the request of Oakland Schools for the collection of taxes for the year 2001 during the City of Livonia's summer tax collection, was received and placed on file for the information of the Council CR 31-01 RESOLVED, that having considered a request from the Michigan Liquor Control Commission that Council Resolution 833-00 be amended to correct the corporate name of Dean's Palace, Inc., the Council does hereby amend and revise Council Resolution 833-00 so as to have the same read as follows RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 1, 2000, and the report and recommendation of the Chief of Police, dated October 20, 2000, approved for submission by the Mayor, the Council does hereby approve of the request from Dean's Palace, Inc for transfer of ownership of a 2000 Class C Licensed Business with Outdoor Service (One Area) from Real Seafood Company of Laurel Park Place, Inc for a business located at 37716 Six Mile, Suite A 100, Livonia, Michigan 48152, Wayne County; and for an Official Food Permit; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 32-01 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated January 4, 2001, which bears the signature of the City Attorney and is approved for submission by the Mayor, to which is attached a letter from HELPSOURCE, dated December 1, 2000, announcing the termination of its shuttle services, the Council does hereby terminate the existing Agreement between the City and HELPSOURCE for shuttle services to Ann Arbor and Ypsilanti hospitals for senior and disabled residents of 32747 Livonia which Agreement was authorized by Council Resolution 649-00, adopted on August 30, 2000, for the period of July 1, 2000 through June 30, 2001, for reasons indicated in the aforementioned report and recommendation, FURTHER, such termination shall be effective as of December 31, 2000 CR 33-01 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 3, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of Police Department vehicles for the Intelligence Bureau as follows • One (1) 2001 Ford Taurus from Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183, through the Macomb County consortium, in the amount of $17,514 00 to be expended from funds already budgeted for this purpose in Account #101-329- 985-000, • One (1) 2001 Pontiac Grand Prix from Red Holman Pontiac, 35300 Ford Road, Westland, Michigan 48185, through the Oakland County consortium, in the amount of $18,967 90 to be expended from funds already budgeted for this purpose in Account#101-329-985-000, and • One (1) 2001 Pontiac Bonneville SE from Red Holman Pontiac, 35300 Ford Road, Westland, Michigan 48185, through the Oakland County consortium, in the amount of $22,626 40, to be expended from the State Drug Forfeiture Account #265-333-985- 000 ($19,108 30) and Account#101-329-985-000 ($3,518 10), FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same are based upon the low Macomb County, Oakland County and/or State of Michigan consortium bids and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of three (3) surplus City-owned police vehicles (as more particularly described in the aforementioned report and recommendation of the Chief of Police) at public auction after receipt of the new vehicles CR 34-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated December 18, 2000, 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 Advanced Tree Care, Inc , 300 Fenway Drive, Fenton, Michigan 48430, for completing all 32748 work required in connection with the City's 2001 Tree and Stump Removal Program for a total price not to exceed $45,056 59, FURTHER, the Council does hereby authorize an expenditure in the amount of $45,056 59 from funds already budgeted in Account No 205- 527-882-000 (Municipal Refuse Fund) for this purpose, 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 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 CR 35-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated December 20, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a proposed contract between the City of Livonia and the Michigan Humane Society, 3600 Auburn Road, Rochester Hills, Michigan 48309, wherein the latter would provide animal sheltering services to the City for a two-year period commencing December 1, 2000, through November 30, 2002, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Agreement subject to approval as to form by the City Attorney; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended A communication from the Public Service Division, dated December 19, 2000, re - Administrative Response to CR 819-00 — identification of meter charges on Livonia water bills, was received and placed on file for the information of the Council CR 36-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated November 30, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the improvement of Norfolk Avenue from 150 feet west of Melvin Avenue to Oporto Avenue, and Oporto Avenue from Norfolk Avenue to Morlock Avenue (S.A.D No 402) in the Northeast 1/4 of Section 2, the Council does hereby determine as follows - To authorize a revision and amendment to Special Assessment District 402 in accordance with the revised assessment roll attached to the aforesaid communication so as to decrease the total assessment as set forth in the confirmed assessment roll for Special Assessment District 402 from $256,812 94 to $256,649 47, with the assessments to 32749 be reduced to the assessment rate of $219 80 p.a f and which amendment will reflect actual costs incurred in this project; - To establish the final project cost at $256,649 47, which is to be charged to the special assessment district; - To authorize an expenditure in the amount of $185,469 47 from the Unexpended Fund Balance of the Michigan Transportation Fund (Local Road Account) with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Bond Issue, and • - To authorize an expenditure in the amount of $71,180 00 from the Unexpended Fund Balance of the Water and Sewer Fund with the provision that the Fund be reimbursed at such time as funds are available from the next Special Assessment Bond Issue, and the City Assessor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution CR 37-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated December 12, 2000, which bears the signature of the Director of Finance, is approved by the Superintendent of Parks and Recreation and approved for submission by the Mayor, to which is attached a summary outlining the final allocation of costs in connection with the 1999 Sidewalk Program pursuant to Council Resolution 172-99, the Council does hereby determine as follows 1 To establish the final project cost at $540,004 15 of which total $419,916 04 is to be charged to the Single Lot Assessments and $107,065 36 is to be charged to the following City Funds $24,157 54 to the Major Road Account and $82,907 82 to the Local Road Account of the Michigan Transportation Fund, 2 To authorize an additional expenditure of $13,022 75 from Account No 401-000-974-010 to cover costs related to Parks and Recreation as requested by the Superintendent of Parks and Recreation, 3 To authorize an additional expenditure of $9,153 14 from the Major Road Account of the Michigan Transportation Fund to cover costs related to the construction of handicap ramps at major roads and to cover the administrative costs connected with the City work, and 32750 4 To authorize final payment in the amount of $19,770 83 to Core Concrete Construction, 31088 Grennada, Livonia, Michigan 48154, for additional work related to Contract 99-B CR 38-01 RESOLVED, that having considered a communication from the Director of Public Works, the City Engineer, and the Public Utility Manager, dated December 6, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting an additional appropriation for costs in connection with the Storm Water Management Study GIS Grant, previously authorized pursuant to Council Resolution 334-99, the Council does hereby appropriate and authorize the expenditure of the additional sum of $13,000 00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose for the reasons outlined in the aforesaid communication CR 39-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 18, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 796-00, with respect to possible amendments to Sections 10 02 and 10 03 of Article X and Section 11 02 of Article XI of Zoning Ordinance No 543, as amended, regarding outdoor sales and displays on commercial property, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation A communication from Mary L Zuckerman, 19721 Gary Lane, Livonia, 48152, Member of the Zoning Board of Appeals, dated January 15, 2001, re her resignation from the Livonia Zoning Board of Appeals effective after the meeting of February 13, 2001, was received and placed on file for the information of the Council CR 40-01 WHEREAS, the City of Livonia has received a request from Roush Industries, Inc , dated January 11, 2001, 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 30 acres lying in the Southwest 1/4 of Section 29 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 82," 32751 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 82 2 This City Council sets Monday, February 26, 2001, 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 CR 41-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Roush Industries, Inc., dated January 11, 2001, covering new industrial facilities to be located within City of Livonia Industrial Development District 82, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF L. LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property that will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, February 26, 2001, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, February 26, 2001, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result. AYES Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan 32752 NAYS None Councilmember Engebretson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 00-5-1-9) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 24 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 00-5-1-10) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Walsh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 18 47 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 00-5-6-3) A roll call vote was taken on the foregoing Ordinance with the following result 32753 AYES Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 27 10 and 27 09A OF ARTICLE XXVII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 00-5-6-4) A roll call vote was taken on the foregoing Ordinance with the following result: lbw AYES Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Engebretson, seconded by Laura, it was CR 42-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 27, 2000, which transmits its resolution 11-203-2000, adopted on November 21, 2000, requesting approval of the signage in connection with Petition 99-12-8-32 submitted by Bell Creek Square Company, on behalf of Walgreen's, which previously received site plan approval per Council Resolution 249-00, to construct a commercial building on property located at 33333 Six Mile Road in the Northwest 1/4 of Section 15, the Council does hereby concur in the recommendation of the Planning Commission, and the signage in connection with Petition 99-12-8-32 is hereby approved and granted, subject to the following conditions 32754 1 That the Sign Package submitted by Bell Creek Square Company, as received by the City Council on January 17, 2001, is hereby approved and shall be adhered to, except for the fact that two "Walgreens" wall signs shall not exceed a total of 121 sq ft. in combined sign area, with an additional 13 sq ft. for a drive-thru pharmacy sign, 2 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 3 That this approval is subject to the terms and conditions of the variance approved by the Zoning Board of Appeals in the matter of Case No 2000-11-157 A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Engebretson, Vandersloot, Walsh and Brosnan NAYS Pastor The President declared the foregoing resolution duly adopted On a motion by Laura, seconded by Vandersloot, it was. CR 43-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 2000, which sets forth its resolution 10-188-2000 adopted on October 17, 2000, with regard to Petition 00-8-1-15, submitted by Livonia Public Schools, for a change of zoning of property located on the west side of Cranston Avenue, between Orangelawn Avenue and West Chicago Road, in the Northeast 1/4 of Section 34, from PL to R-1, as amended by the Planning Commission to include only Lots 1137 to 1146 and also Lots 1167 to 1172, also including the east one-half of the adjacent vacated street, of Rosedale Gardens Subdivision No 4, and the Council having conducted a public hearing with regard to this matter on Monday, January 8, 2001, pursuant to Council Resolution 817-00, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A communication from the Planning Department, dated January 19, 2001, re the average lot size and data on recent home sales in Old Rosedale Gardens, was received and placed on file for the information of the Council (Petition 00-8-1-15) 32755 A communication from Michael McGee, President of Old Rosedale Gardens Homeowners Association, dated January 24, 2001, re listing of reasons for the opposition to the request by Livonia Public Schools to rezone Lots 1137 to 1146, inclusive, and Lots 1167 to 1176, inclusive, of Rosedale Gardens, No 4 Subdivision, was received and placed on file for the information of the Council (Petition 00-8-1-15) A communication from Brad and Sheryl Smith, 9905 Hubbard, Livonia, 48150, dated January 23, 2001, re their opposition to the rezoning of the Rosedale School site and their wish to see this property developed as a park site instead, was received and placed on file for the information of the Council (Petition 00-8-1-15) A communication from Irene and Gordon Turner, 9629 Cranston, Livonia, 48150, dated January 23, 2001, re their opposition to the rezoning of the Rosedale School site and their wish to see this property developed as a park site instead, was received and placed on file for the information of the Council (Petition 00-8-1-15) A communication from Janet Taylor, 11324 Cranston, Livonia, 48150 re her opposition to the rezoning of the Rosedale School site and her suggestion that the Livonia Public Schools seek a less densely populated area for its building trades program, was received and placed on file for the information of the Council (Petition 00-8-1-15) A communication from Alice and Richard Rainville, 9928 Hubbard, Livonia, 48150, dated January 21, 2001, re their opposition to the rezoning of the Rosedale School site and their wish to see this property developed as a park site by expanding Kleinert Park to include the Rosedale School site, was received and placed on file for the information of the Council (Petition 00-8-1-15) 32756 An e-mail communication from Brad Smith, 9905 Hubbard, Livonia, 48150, sent to the Mayor, dated January 22, 2001, re requesting support for his opposition to the rezoning of the Rosedale School site because of the many years of construction involved with the proposed project by the Livonia Public Schools, and his wish to see this property developed as a park site instead, was received and placed on file for the information of the Council (Petition 00-8-1-15) A communication from Alice and Richard Rainville, 9928 Hubbard, Livonia, 48150, received by the Mayor on January 22, 2001, re their opposition to the rezoning of the Rosedale School site and their wish to see this property developed as a park site by expanding Kleinert Park to include the Rosedale School site, was received and placed on file for the information of the Council (Petition 00-8-1-15) A communication from Mayor Kirksey, dated January 22, 2001, re acknowledgement of the concerns cited by Jan Alfonso, 9918 Hubbard, Livonia, 48150, relative to the rezoning of the Rosedale School site, was received and placed on file for the information of the Council (Petition 00-8-1-15) Jan Alfonso, 9918 Hubbard, Livonia, 48150 spoke to the Council in answer to a question posed by Councilmember Walsh, stating the position of the Old Rosedale Gardens Homeowners Association (ORGHA) as being opposed to the rezoning of the Rosedale School site The following persons spoke to the Council voicing their opposition to the proposed rezoning of the Rosedale Garden school site and their wish to keep this property as a park site Ben Jeffers 9824 Cranston Richard Kent 11040 Ingram Jan Alfonso 9918 Hubbard Meg Modes 9620 Hubbard Tim Bailey 9826 Cranston Mike Modes 9620 Hubbard 32757 A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Engebretson, Vandersloot, Walsh and Pastor NAYS Brosnan The President declared the resolution duly adopted On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 44-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 2000, which sets forth its resolution 10-188-2000 adopted on October 17, 2000, with regard to Petition 00-8-1-15, submitted by Livonia Public Schools, for a change of zoning of property located on the west side of Cranston Avenue, between Orangelawn Avenue and West Chicago Road, in the Northeast 1/4 of Section 34, from PL to R-1, as amended by the Planning Commission to include only Lots 1137 to 1146 and also Lots 1167 to 1172, also including the east one-half of the adjacent vacated street, of Rosedale Gardens Subdivision No 4, and the Council having conducted a public hearing with regard to this matter on Monday, January 8, 2001, pursuant to Council Resolution 817-00, the Council does hereby refer the matter of exploring the possibility of a land swap between the City and Livonia Public Schools for the purpose of building homes in an alternate area of the City to the Mayor for a report and recommendation On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was CR 45-01 RESOLVED, that having considered a communication from the Department of Law and the Director of Inspection, dated January 12, 2001, which submits a proposed amendment to Section 4 02 of the Livonia Zoning Ordinance establishing restrictions in connection with home businesses, and in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a Public Hearing on the question of whether such amendment should be made, and thereafter submit a report and recommendation to Council On a motion by Pastor, seconded by Walsh, and unanimously adopted, it 32758 was CR 46-01 RESOLVED, that having considered a letter from the Department of Law, dated January 15, 2001, approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Overhead Easement (Right-of-Way) RFW No 306603-SRW-65-2, which would grant an easement to the Detroit Edison Company across the following described City-owned property (Glendale Avenue) located in the Northeast 1/4 of Section 27 Detroit Edison RFW No. 306603-SRW-65-2 PART OF THE NORTHEAST 1/4 OF SECTION 27, T 1 S , R. 9 E , BEG N 0°26'20" E 49 50' AND S 89°29'50" E 143' FROM CEN 1\4 COR OF SEC 27 TH N 0°6'20" E 1214 71' TH S 0°7'30" E 200' TH N 0°6'20" E 65 0' TH S 89°22'10" E 1340 13' TH S 0°7'30" E 400 0' TH S 89°22'10" E 150 0' TH S 0°7'30" E 351 06' TH N 89°29'50" W 977 36' TH S 0°7'30" E 30 0' TH N 89°29'50" W 50 39' TH S 0°7'30" E 494 93' TH N 89°29'50" W 667 49' TO POB LAND FILL AKA 46-105-99-0043-004 (Glendale Avenue -Ottawa Substation) FURTHER, the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Laura, seconded by Pastor, and unanimously adopted, it was CR 47-01 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Eric Stempein, 14443 Ronnie Lane, Livonia, Michigan 48154, is hereby appointed to the Zoning Board of Appeals effective February 13, 2001, to fill the unexpired term of Mary Zuckerman, ending July 12, 2002, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. Eric Stempien, 14443 Ronnie Lane, Livonia, 48154, thanked the Council for appointing him to the Zoning Board of Appeals On a motion by Engebretson, seconded by Pastor, and 32759 unanimously adopted, it was CR 48-01 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 Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 120, 130, 150, 160, 170, 220, 230, 270 AND 330- AND REPEALING SECTION 090 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein Councilmember Walsh invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Pastor, seconded by Walsh, and unanimously adopted, this 1,433rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 57 p m , January 24, 2001 Jo cCotter, City Clerk ��`��