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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-04-21 REVISED PAGE-ADDING CR #226-99 31572 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINETY-FIRST REGULAR MEETING OF APRIL 21, 1999 On April 21, 1999, 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 Vandersloot delivered the invocation Roll was called with the following result: Val I Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, John J Walsh, and Jack Engebretson Absent: None On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #226-99 RESOLVED, that minutes of the 1,390th Regular Meeting of the Council of the City of Livonia, held April 7, 1999, are hereby approved as submitted During the audience communication portion of the meeting, Eric Haupt, 14120 Fairway, addressed the Culver Custom Homes project and requested the City to revise its rules re difficult-to-use parcels On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was #227-99 RESOLVED, that the Council does hereby refer to the Legislative Committee for its report and recommendation the issue of City planning and amending the Zoning Ordinance to account for odd-shaped lots in rierence to the Culver Custom Homes project. Jim Borrusch, 14048 Fairway, also addressed odd-shaped parcels and stated his support of a revision, as requested by Eric Haupt. Councilmember Brosnan offered congratulations to John and Mary Nagy on the April 15th birth of their granddaughter (Caroline Elizabeth, 7 lbs. 13 oz., 19-3/4" long), as well as to the proud parents, Mariana and Bill Witt. She also announced the upcoming 25th Annual Livonia Community Prayer Breakfast to be held on Thursday, May 6, 1999, commencing at 7 15 a m at Laurel Manor, and stated that tickets are still available Cara Boucher, of the Michigan Department of Natural Resources, presented a "Tree City USA" award to the City consisting of a plaque, a flag, signs, and a $200 grant for the planting of trees with respect to the Arbor Day celebration to be held on April 30, 1999 31573 Mayor Kirksey read a proposed resolution in support of House Bill #4182 to grant cities relief from the 25% limitation to meet street maintenance needs while protecting major roads Councilmember Vandersloot read the proposed Arbor Day resolution, and added that the first official tree planting would take place at Mies Park on West Chicago at 2 30 p m on the 30th, and that the public was welcome to attend On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #228-99 WHEREAS, In 1872, J Sterling Morton proposed to tale Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-planting practices NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of the City Council of the City of Livonia hereby proclaim April 30th as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, we urge all citizens to plant trees to promote the well being of this and future generations 31574 BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor John Engler, State Senator Thaddeus McCotter, State Representative Laura M Toy, State Representative Gerald Law, the Michigan Municipal League State and Federal Affairs Division, the Conference of Western Wayne and the Plymouth Road Development Authority On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #229-99 WHEREAS, Act No 51 of the Public Acts of 1951, as amended ("Act 51"), provides for distribution to cities of a portion of the gasoline tax revginues and other monies in the Michigan Transportation Fund, and WHEREAS, Act 51 has traditionally limited the flexibility of cities to meet their road maintenance needs by requiring that 75% of Michigan Transportation Fund amounts returned to the cities must be spent on "major" roads, and WHEREAS, the City of Livonia has seen explosive growth in its responsibilities for local street maintenance, while maintenance needs associated with major roads have remained relatively static, so that the City now has nearly five times as many miles of local streets as of major roads, and WHEREAS, State Representative Gloria Schermesser has introduced House Bill No 4182, which would amend Act 51 to grant cities such as Livonia relief from the 25% limitation, thereby increasing the flexibility allowed to Livonia and other cities to meet street maintenance needs while protecting major roads, and WHEREAS, the Mayor and City Council joined in adopting Resolution 1017-97, supporting adoption of similar legislation, during the previous session of the legislature, and WHEREAS, the Mayor and City Council continue to believe that such reforms are necessary both for the empowerment of communities statewide, and for the future of the streets and roads used by our citizens, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia, Michigan, commend Representative Schermesser on her proposal, and urge the early adoption of House Bill No 4182 by the full legislature, and request that copies of this resolution be forwarded forthwith to State Representative Gloria Schermesser, State 31575 Representative Rick Johnson, Governor John Engler, U S Representative Lynn Rivers, U S Representative Joseph Knollenberg, Senator Thaddeus McCotter, State Representative Laura Toy, State Representative Gerald Law, the MML State and Federal Affairs Division, and the Conference of Western Wayne A communication from the Department of Finance, dated March 30, 1999, re forwarding various financial statements of the City of Livonia for the month ending February 28, 1999, was received and placed on file for the information of the Council At the direction of the Chair, Item #9 was removed from the Consent portion of the Agenda A communication from the Department of Law, dated April 15,1999, re whether petitioners should appear first before the Zoning Board of Appeals or the Planning Commission was received and placed on file for the information of the Council (Consent Agenda Item #2) A communication from the Department of Law, dated April 19, 1999, re fireworks for the Schoolcraft College Free Fair was received and placed on file for the information of the Council (Consent Agenda Item #3) A facsimile from Wade Shows, Inc , dated April ii, 1999, re forwarding a site plan for the fireworks display as part of the Livonia Free Fair at Schoolcraft College was received and placed on file for the information of the Council (Consent Agenda Item #3) A communication from the Department of Law, dated April 19, 1999, re proposed amendment to the lease agreement with the Livonia Hockey Association for Devon-Aire Arena in order to extend the term of the lease was received and placed on file for the information of the Council (Consent Agenda Item #9) 31576 A communication from the Clements Circle Civic Association, dated April 8, 1999, re the proposed development at the George Burns property (Petition 99-2-8-8 by Phoenix Land Development) was received and placed on file for the information of the Council (Consent Agenda Item #21) On a motion by Brosnan, seconded by Pastor, it was #230-99 RESOLVED, that having considered an application from Kathleen A. Fitzgerald, 9917 Cranston, dated April 5, 1999, requesting permission to close Cranston between Elmira and Orangelawn on Monday, May 31, 1999, from 2 00 p m to 8 00 pm for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #231-99 RESOLVED, that having considered a letter from Michael B Courtney, President of Siding World, dated March 29, 1999, requesting permission to continue using the Fremont Street right-of-way for employee parking for the business located at 29547 W Eight Mile Road, the Council does hereby refer this matter to the Streets, Roads and Plats committee for its report and recommendation #232-99 RESOLVED, that having considered a letter from Michael B Courtney, President of Siding World, dated March 29, 1999, requesting permission to continue using the Fremont Street right-of-way for employee parking for the business located at 29547 W Eight Mile Road, the Council does hereby refer the subject of approvals given in the past for on-street parking in other areas of the City to the Inspection Department for its report and recommendation #233-99 RESOLVED, that having considered a letter from Timothy G Jenkins, Coordinator of the Livonia Free Fair, dated March 31, 1999, wherein a request is submitted for a fireworks display permit, pursuant to 1968 PA 358, to be held on the grounds of Schoolcraft College, 18600 Haggerty Road, on Sunday, June 13, 1999, the Council does hereby approve of the fireworks display in the manner and form herein submitted, subject to liability insurance being provided in the amount of $2,000,000 00 for this event. #234-99 RESOLVED, that having considered a communication from the City Assessor, dated March 26, 1999, approved for submission by the Mayor, with regard to a request from Mr Gerald Sabo, 19711 Merriman Court, Livonia, Michigan 48152, and in accordance with the provisions of 31577 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos 46 007 99 0011 000 and 46 007 99 0012 000 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A The North 88 ft. of the South 2024 ft. of the West 442 50 ft. of the Southwest 1/4 of Section 2, T 1S , R 9E , exc. the West 236 25 ft. thereof, also exc. the East 30 ft. thereof PARCEL B The West 236.25 ft. of the North 88 ft. of the South 2024 ft. of the Southwest % of Section 2, T 1S R.9E , exc. the West 60 ft. thereof as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a variance is granted by the Zoning Board of Appeals as to every nonconforming lot resulting from such split, none of said lots may be sold, leased or transferred #235-99 RESOLVED, that having considered a communication from the Livonia Arts Commission and the Director of Community Resources, dated March 29, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a renovation plan for the Civic Center Environmental Sculpture located on the south side of Livonia City Hall, and a quotation submitted by Frank Varga, Varga Sculpturing Studios, 296 N E 6th Avenue, Delray Beach, Florida 33483, in the amount of$15,000 00 for a bronze sculpture ("Birds in Flight") to be added to the environmental sculpture site, the Council does hereby approve such renovation plan and the purchase and proposed location of the bronze sculpture, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $35,000 00 from the Livonia Arts Commission Trust Fund for this purpose, 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 artist, 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 #236-99 RESOLVED, that having considered a communication from the Livonia Arts Commission and the Director of Community Resources, dated March 29, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein authorization is requested for the addition of a bronze sculpture ("Birds in 31578 Flight") and certain improvements to the environmental sculpture site located on the south side of Livonia City Hall, the Council does hereby refer the subject of the cost of extending electrical service to the area in question to the Engineering Division for its report and recommendation #237-99 RESOLVED, that having considered a communication from the Personnel Director, dated March 19, 1999, transmitting a copy of a resolution adopted by the Civil Service Commission at its regular meeting of March 18, 1999, requesting pay scale adjustments for the classifications of Student Page and Library Page, the Council does hereby concur in the recommendation of the Civil Service Commission and the pay scale adjustments for the classifications of Student Page and Library Page are hereby approved as follows Current Wage Rate Proposed Wage Rate Student Page $5 15 $5 50 Library Page (first 6 months) $5 40 $6 50 Library Page (after 6 months) $5 65 $7 00 #238-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 22, 1998, and the report and recommendation of the Chief of Police, dated March 10, 1999, approved for submission by the Mayor, the Council does hereby approve of the request from the Italian American Club Banquet Hall, Inc to add space to 1998 Class C licensed business with Dance Permit, Entertainment Permit without dressing rooms, Outdoor Service (One Area), Official Permit (Food), three bars and two direct connections for a business located at 39200 Five Mile Road, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #239-99 RESOLVED, that having considered a communication from the Training Coordinator for the Department of Public Safety - Fire & Rescue, dated March 11, 1999, approved for submission by the Mayor, the Council does hereby determine that the City-owned 1974 Hurst tool (jaws of life) is considered surplus property and does hereby authorize the disposal of such equipment by donating same to the Wildwood Fire Department, 4397 Wildwood Road, Alger, Michigan 48610, Gladwin County, as recommended in the aforesaid communication #240-99 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 5, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of LTCPS/Play Environments, Inc , 563 College Avenue, Holland, 31579 Michigan 49423, for supplying the Department of Parks and Recreation with playground equipment for Clements Circle Park, Nash Park and Shelden Park and a picnic shelter for Shelden Park for the amount of $205,426 00, the same having been in fact the lowest bid received and meets all specifications with respect to the playground equipment, and the Council having determined to accept such bid in lieu of the low bid with respect to the picnic shelter based upon the fact that the low bidder for the picnic shelter has withdrawn its bid, FURTHER, the Council does hereby authorize the expenditure of the sum of$205,426 00 from funds already budgeted in Account No 101-707-974-000 for this purpose #241-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated March 24, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with materials specified at the unit prices bid per ton for the 1999 calendar year requirements 1 Williams Trucking Service, Inc., P 0 Box 51279, Livonia, MI 48151 M D O T - 21AA - Limestone $ 7 42 per ton M D O T - 22A 6 47 per ton WCRC - 22X 5 45 per ton W C R.0 - 30A (Slag) 7 35 per ton W C R.0 - Porous Backfill - Grade A 4 57 per ton W C R.0 - 2NS - Natural Sand 6 22 per ton 60-40 Washed - Conc Aggregates 10 05 per ton Pea Gravel 9 25 per ton 2 Hayball Transport, Inc., 12550 Farmington Road, Livonia, MI 48150 WCR.0 - 3A $ 937 per ton WCRC - 3X 1082 per ton 3 Osburn Industries, Inc., 5850 Pardee Road, Taylor, MI 48180 WC RC - Porous Backfill - Grade B $ 5 23 per ton 4 R. D. Shelby Trucking, 4950 Technical, Milford, MI 48381 W C R.0 - 2MS - Mortar Sand $ 7 50 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest 31580 bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with materials specified at the unit prices bid for the 1999 calendar year. 1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, MI 48150 MDOT - 21AA $ 767 per ton M D O T - 22A 6 67 per ton WCRC - 22X 585 per ton WCRC - Porous Backfill - Grade A 4 75 per ton WCRC - 2NS - Natural Sand 6 67 per ton 60-40 Washed - Conc Aggregates 10 52 per ton Pea Gravel 10 37 per ton 2 Williams Trucking Service, Inc., P 0 Box 51279, Livonia, MI 48151 W C R.0 - Porous Backfill - Grade B $ 7 97 per ton W C R.0 - 2MS - Mortar Sand 7 75 per ton 3 Summit Transport, Inc., 10321 E Grand River, Suite 520, Brighton, MI 48116 WCRC - 3A $ 967perton WCRC - 3X 11 22 per ton 4 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, MI 48209 WCRC - 30A (Slag) $ 8 08 per ton #242-99 RESOLVED, that having considerea the report and recommendation of the Director of Public Works, dated April 5, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division (Golf Courses and Parks Sections) with the fertilizers and chemicals specified at the unit prices bid for the 1999 calendar year 1 Turfgrass, Inc., P 0 Box 667, South Lyon, MI 48178 Material to be furnished Unit Price Bid 1 to 2 Ratio w/Millenium $ 800 00 per ton 5-5-30 w/ 148 Barricade 1,000 00 per ton 19-3-6 w/Mach II 1,792 00 per ton 18-6-15 w/Nutralene 1,116 00 per ton 18-3-18 1,030 40 per ton 31581 21-2-20 784 00 per ton 18-5-9 476 00 per ton Heritage 2,040 00 per case Bio-Trek 22G 200 00 per bag Consyst WDG 254 00 per case Daconil Ultrex 173 40 per case 2 Lesco, Inc., 20005 Lake Road, Rocky River, OH 44116 Material to be furnished Unit Price Bid 20-5-20 $ 620 00 per ton Heritage 2,040 00 per case Bayleton 50WP 334 95 per case 3 Benham Turf Partners, 24800 N Industrial Drive, Farmington Hills, MI 48335 Material to be furnished Unit Price Bid 18-5-9 w/Millenium $ 695 00 per ton 19-3-6 w/ 072% Dimension 514 00 per ton Heritage 2,040 00 per case Daconil Ultrex 173 40 per case 4 United Horticultural Supply, 15511 Knobhill Drive, Linden, MI 48451 Material to be furnished Unit Price Bid Heritage $2,040 00 per case Mach II 32 96 per bag Daconil Ultrex 173 40 per case Merit 5G 48 60 per bag #243-99 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 31, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolution 473-97, and which submits a bid received in connection with the sale of City-owned property located at 9416 Newburgh Road, Lot 739, in Section 32, more particularly described as Lot 739, except the west 27 feet thereof, Supervisor's Livonia Plat No 12, as recorded in Liber 66, Page 65 of Plats, Wayne County Records, said plat being a part of Section 32, T 1 S , R 9 E., City of Livonia, Wayne County, Michigan (Tax Id No 126-01-0739- 000) 31582 the Council does hereby waive the irregularity in the bid regarding the submission of the required deposit after the bid opening and does hereby accept the bid and authorize the sale of the aforesaid City-owned property to Eleanore Tillman, 11763 Pine Mountain Drive, Brighton, Michigan 48114, for a total purchase price of$25,000 00, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction #244-99 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 5, 1999, approved for submission by the Mayor, and to which is attached a list of adjustments required for the 1999 budget, the Council does hereby authorize the said budget adjustments and transfers in the manner and form set forth in the attachment. #245-99 RESOLVED, that having considered the report and recommendation of the Director of Finance and the City Attorney, dated March 30, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolution 877-98, with respect to bids received for the sale of City-owned property located at 12313 Stark Road wherein it is recommended that both bids be rejected, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation A communication from the Department of Law, dated March 26, 1999, re controlled substances, in particular, "G H B ", was received and placed on file for the information of the Council (CR 153-99) #246-99 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 26, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolution 153-99, regarding the possession and/or use of Gamma- hydroxybutyrate ("G H B "), the Council does hereby refer this item to the Legislative Committee for its report and recommendation #247-99 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 26, 1999, 31583 approved for submission by the Mayor, submitted pursuant to Council Resolution 153-99, regarding the possession and/or use of Gamma- hydroxybutyrate ("G H B "), the Council does hereby refer this subject and the treatment of same in conjunction with the Livonia Police D.A.R.E Program to the Chief of Police for his report and recommendation #248-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 11, 1999, 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 Countyline Contractors, Inc , 7615 Spencer Road, South Lyon, Michigan 48178, for completing all work required in connection with the Ingram Avenue Backyard Storm Sewer Construction (Contract 99-F) for the estimated total cost of$24,1C'0 00 based upon 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 appropriate and authorize an expenditure in the amount of$24,100 00 from the Unexpended Fund Balance of the Drainage Projects Construction Fund (No 465) 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 #249-99 RESOLVED, that having considered a communication from the Director of Public Works (in his capacity as Street Administrator), dated March 19, 1999, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and submitted pursuant to Section 13(6)a of Act 51, of the Public Acts of Michigan of 1951, as amended, with regard to the transfer of funds for the Fiscal Year 1998-99 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for the Major Street System to be used on the Local Street System, and the City Clerk and Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #250-99 RESOLVED, that having considered a communication from the Director of Public Works (in his capacity as Street Administrator), dated March 19, 1999, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and submitted pursuant to Section 13(6)b of Act 51 of the Public Acts of Michigan of 1951, as amended, with regard to the transfer of funds for the Fiscal Year 31584 1998-99 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $600,000 00 from those funds designated for use on p the Major Street System to be used on the Local Street System, FURTHER, the Council does hereby authorize a budget adjustment in the amount of$600,000 00 from the Unexpended Fund Balance to Account No 202-484-965-203 for this purposes, and the City Clerk and Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #251-99 RESOLVED, that the Council does hereby refer the matter of using Act 51 monies to pave Henry Ruff Road, between Five Mile Road and Lyndon, to the Engineering Division for its report and recommendatic•i #252-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated April 1, 1999, which bears the signature of the Director of Finance, is approved by the Superintendent of Parks and Recreation, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Nagle Paving Company, 30630 West Twelve Mile Road, Farmington Hills, Michigan 48334, for completing all work required for the 1999 Tennis Court Reconstruction Project (Contract 99-G) for the estimated total cost of$99,922 00 based upon 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 expenditure in the amount of$83,779 00 from funds budgeted in the Capital Outlay Account No 101-707-974-000 for this purpose, FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the amount of$16,143 00 from the Unexpended Fund Balance of the Capital Project Fund #401 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 #253-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 25, 1999, which transmits its resolution 3-44-99, adopted on March 23, 1999, with regard to Petition 99- 2-2-4, submitted by James K. Wegerly, on behalf of the Livonia Rotary Club, requesting waiver use approval to operate a carnival consisting of rides, games and food concessions from May 6, 1999 through May 16, 1999, inclusive, in a portion of the Livonia Mall parking lot located north of 31585 Seven Mile Road between Middlebelt and Purlingbrook Roads in the Southeast 1/4 of Section 2, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning .r Commission and Petition 99-2-2-4 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Pugh Shows, Inc , which are May 6, 1999 through May 16, 1999, inclusive, 2 That the proposed carnival operation shall be confined to the area as illustrated on the site plan submitted with this request; 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 40 feet distant from the Seven Mile Road right-of- way line, 4 That all trucks and other related transportation equipment shall be parked or stored within the northwesterly portion of the Livonia Mall parking lot, but no closer to the adjacent residential properties than the distances shown on the site plan, 5 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m to 7 00 a m , including motors on any refrigeration trucks, 6 That there shall be no living quarters at the location of the stored trucks, and 7 That the hours of operation of the carnival shall be as stated in a letter dated March 5, 1999, from James K. Wegerly, President of Pugh Shows, Inc #254-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 25, 1999, which transmits its resolution 3-52-99 adopted on March 23, 1999, with regard to Petition 99- 2-8-8, submitted by Phoenix Land Development, requesting site plan approval in connection with a proposal to construct commercial buildings on property located at 33330 Plymouth Road in the Southwest 1/4 of Section 27, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby refer this matter and the proposed use of the balance of the George Burns Theatre property to the Committee of the Whole for its report and recommendation 31586 #255-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 25, 1999, which transmits its resolution 3-54-99 adopted on March 23, 1999, with regard to Petition 99- 2-8-10, submitted by Edwards Glass Company, requesting site plan approval in connection with a proposal to construct an addition to the commercial building on property located at 32000 Plymouth Road in the Southwest 1/4 of Section 27, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-2-8-10 is hereby approved and granted, subject to the following conditions 1 That the Site & Landscape Plan marked Sheet 1, prepared by Kenneth E West, P E , as received by the Planning Commission on March 16, 1999, is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Exterior Building Elevation Plan marked Sheet 4, prepared by Kenneth E West, P E , as received by the Planning Commission on February 25, 1999, is hereby approved and shall be adhered to, and 5 That the entire parking lot shall be repaired, resealed and double striped to the satisfaction of the Inspection Department. #256-99 RESOLVED, that having considered a communication from Councilmember Maureen Miller Brosnan, dated March 25, 1999, to which is attached a communication and petitions from residents of the Hillcrest Court Subdivision, dated February 18, 1999, expressing their opposition to the street lighting project within this development located east of the Kroger Store on the south side of Five Mile, east of Merr.man (S.A.D No 385), the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation #257-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated April 14, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Norlight Telecommunications, Inc , requesting approval for access to and ongoing use of the public right-of-ways within the City for a proposed 31587 telecommunications system utilizing approximately three miles of public right-of-way, as more particularly described in the attachment to the permit application, the Council does hereby designate Wednesday, May 26, 1999, 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh and Engebretson NAYS None On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #258-99 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated April 5, 1999, which transmits a copy of Resolution No 2463 adopted by the Parks and Recreation Commission on February 25, 1999, wherein it is recommended that the current registration requirements that are set forth in the Livonia Hockey Association's bylaws be followed, and having also considered the report and recommendation of the Department of Law, dated April 19, 1999, approved for submission by the Mayor, to which is attached a proposed Amendment No 2 to the Lease Agreement for Devon-Aire Arena between the City of Livonia and the Livonia Hockey Association, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation A communication from the Department of Parks and Recreation, dated April 5, 1999, forwarding a resolution adopted by the Parks and Recreation Commission at its meeting held February 25, 1999, re recommendation that the Livonia Hockey Association's bylaws be followed was received and placed on file for the information of the Council (CR 933-98) 31588 A communication from the Department of Law, dated April 19, 1999, re proposed amendment to the Lease Agreement with the Livonia Hockey Association for Devon-Aire Arena in order to extend the term of the lease was received and placed on file for the information of the Council (CR 933-98) A communication from the Department of Law, dated April 21, 1999, re forwarding revised pages 3 and 4 to the proposed amendment to the Lease Agreement with the Livonia Hockey Association was received and placed on file for the information of the Council (CR 933-98) On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #259-99 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 30, 1999, submitted pursuant to Council Resoluton 854-96, and a communication from Fernon P Feenstra, on behalf of the Livonia Anniversary Committee, Inc (SPREE), dated August 23, 1996, with respect to the donation of an activities sign for the advertisement of SPREE events and other community events occurring throughout the year, the Council does hereby refer the subject of use, location, costs, rendering and funding strategies for a two-sided activities sign to the administration for its report and recommendation, the same to thereafter be submitted to Council within ninety (90) days No action was taken on Agenda Item #25b, the request from T & T Land Clearing, L.L.0 , to lease approximately 17 28 acres of the Livonia DPW Yard for a wood recycling operation (CR 1134-96) On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was 31589 #260-99 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 30, 1999, submitted pursuant to Council Resolution 21-98, and a communication from the Planning Department, dated December 1, 1997, to which is attached the "Capital Improvement Program 1998-2003", the Council does hereby determine to take no further action with respect to this matter On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #261-99 RESOLVED, that having considered the report and recommendatico of the Committee of the Whole, dated March 31, 1999, submitted pursuant to Council Resolution 876-98, and a communication from the City Assessor, dated October 12, 1998, approved for submission by the Mayor, with regard to a request from James Baker, 35564 Schoolcraft, 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 approve of the proposed division of Tax Item No 46-080-99-0010-000 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A. The North 797 17 feet of the South 899 17 feet of the East 163 93 feet of the West 658 93 feet of the East '/z of the Southeast % of Section 20, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, also the East 30 00 feet of Lots 72, 73, 74, 75, 76, 77, 78 and 79 of Biltmore Estates Subdivision as recorded in Liber 86 of Plats, Pages 20, 21 and 22, Wayne County Records, more fully described as commencing at the Southeast corner of said Section 20, thence N 89°29'25" W 665 15 feet along the South line of said Section 20, thence N 00°26'13" W 102 00 feet to the South line of Schoolcraft Road and the Point of Beginning, thence N 89°35'59" W 163 93 feet along said South right-of-way line, thence N 00°05'47" W 347 71 feet to the South line of Lot 79 of said Biltmore Estates Subdivision, thence N 89°40'52" W 30 00 feet along said lot line, thence N 00°02'08" W 469 95 feet to the North line of Lot 72 of said Biltmore Estates Subdivision, thence S 55°32'11" E 36 40 feet along said lot line, thence S 89°32'41" E. 163 93 feet along the North line of said Biltmore Estates Subdivision, thence S 00°02'44" E 763 07 feet along the West line of said Biltmore Estates Subdivision, thence S 00°26'13" E 34 00 feet along the West line of said Biltmore Estates Subdivision to the Point of Beginning Containing 3 316 Acres 31590 PARCEL B. Lot 75, except the East 30 00 feet thereof, Biltmore Estates Subdivision of part of the East 1/2 of Section 20, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, as recorded in Liber 86 of Plats, Pages 20, 21 and 22, Wayne County Records Containing 7,202 sq ft. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a variance is granted by the Zoning Board of Appeals as to every nonconforming lot resulting from such split, none of said lots may be sold, leased or transferred On a motion by Brosnan, seconded by Vandersloot, it was #262-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 31, 1999, submitted pursuant to Council Resolution 842-98, and a communication from the City Planning Commission, dated July 24, 1998, which sets forth its resolution 7-108-98 adopted on July 14, 1998, with regard to Petition 98-6-1-10, submitted by David and Kathleen Johnson and Adam and Anna Holzhaus for a change of zoning of property located on the south side of Clarita Avenue between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of Section 11, from R-5 to R-2, and the Council having conducted a public hearing with regard to this matter on October 14, 1998, pursuant to Council Resolution 603-98, the Council does hereby approve Petition 98-6-1-10 for preparation of the ordinance for submission to Council, 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Brosnan, Walsh and Engebretson NAYS Duggan and Laura The President declared the resolution adopted On a motion by Duggan, seconded by Laura, and unanimously adopted, it was 31591 #263-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 31, 1999, submitted pursuant to Council Resolution 489-98, with respect to the matter of block party approval procedures, the Council does hereby determine to take no further action with respect to this matter A communication from the Department of Law, dated April 14, 1999, re proposed procedure for requests for approval of block parties and/or street barricading was received and placed on file for the information of the Council (CR 489-98) On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #264-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 6, 1999, submitted pursuant to Council Resolution 310-98, and the report and recommendation from the Department of Law, dated February 11, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolution 511-98, regarding proposed changes to the Board of Trustees of the Livonia Employees Retirement System to allow a Defined Contribution Plan member to be eligible for election to same and the impact of such changes on collective bargaining agreements, the Council does hereby refer this item to the Department of Law for preparation of appropriate amendments to Chapter 2 96 (Retirement Plan) of the Livonia Code of Ordinances, as amended, the same to thereafter be submitted to Council for its consideration A communication from the Department of Law, dated February 11, 1999, re impact of proposed changes to the Board of Trustees of the Livonia Employees Retirement System (i e , to allow a Defined Contribution Plan member to be eligible for election to same) upon collective bargaining agreements was received and placed on file for the information of the Council (CR 511-98) On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #265-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 6, 1999, 31592 submitted pursuant to Council Resolution 310-98, and the report and recommendation from the Department of Law, dated February 11, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolution 511-98, regarding proposed changes to the Board of Trustees of the Livonia Employees Retirement System to allow a Defined Contribution Plan member to be eligible for election to same and the impact of such changes on collective bargaining agreements, the Council does hereby authorize the City's labor counsel, Mr George Roumell, to enter into discussions with the City's various union representatives regarding the proposed amendments to Chapter 2 96 (Retirement Plan) of the Livonia Code of Ordinances, as amended, as directed by the Department of Law On a motion by Walsh, second-.d by Pastor, and unanimously adopted, it was #266-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 6, 1999, submitted pursuant to Council Resolution 63-99, and the report and recommendation of the Personnel Director, dated January 22, 1999, approved for submission by the City Attorney and the Mayor, which transmits a resolution adopted by the Board of Trustees of the Livonia Employees Retirement System on January 6, 1999, regarding a request for consideration of an amendment to the Retirement Plan Ordinance to address the matter of a retiree's status in the retirement system upon re- employment of the retiree by the City, the Council does hereby refer the subject of potential liabilities of hiring retirees to the Department of Law for its report and recommendation On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was #267-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 6, 1999, submitted pursuant to Council Resolution 63-99, and the report and recommendation of the Personnel Director, dated January 22, 1999, approved for submission by the City Attorney and the Mayor, which transmits a resolution adopted by the Board of Trustees of the Livonia Employees Retirement System on January 6, 1999, regarding a request for consideration of an amendment to the Retirement Plan Ordinance to address the matter of a retiree's status in the retirement system upon re- employment of the retiree by the City, the Council does hereby refer the subject of allowing the City to hire its retirees to the Department of Law to prepare an appropriate ordinance amendment to Chapter 2.96 31593 (Retirement Plan) and/or Chapter 2 97 (Defined Contribution Retirement Plan) of the Livonia Code of Ordinances, as amended, for submission to Council Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 30 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 98-10-1-20) 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 On a motion by Brosnan, seconded by Duggan, it was #268-99 RESOLVED, that having considered a letter from Chuck Morningstar, dated March 24, 1999, requesting to remove the sidewalk located in front of his home located at 14957 Santa Anita, off of Five Mile Road, which has been marked for repair in connection with the 1999 Sidewalk Program, the Council does hereby deny this request. A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, and Walsh NAYS Engebretson The President declared the resolution adopted A communication from the Engineering Division, dated April 15, 1999, re additional information on the request of Mr Chuck Morningstar to remove sidewalk at 14957 Santa Anita was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #269-99 RESOLVED, that having considered a letter from Robert Durivage, received in the Office of the City Clerk on March 31, 1999, 31594 requesting adoption of a resolution in support of the re-legalization of low power FM radio stations, also known as community radio, in connection with the "Michigan Music is World Class" campaign, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was #270-99 RESOLVED, that having considered a communication from the City Assessor, dated March 30, 1999, approved for submission by the Mayor, with regard to a request from Mr Raymond Hurley, Hurley Homes, Inc , 32511 NI wfolk, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos 46 010 01 0005 001 and 46 010 01 0006 001 into three (3) parcels, the legal descriptions of which shall read as follows PARCEL A. Lot 6, except the west 27 00 feet thereof and except the east 80 00 feet thereof, Folker's Farmington Acres, being a subdivision of part of the Northwest % of Section 3, T 1 5 , R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 61 of Plats, Page 90, Wayne County Records More full described as beginning at a concrete monument on the north line of said Lot 6 which is S 89°53'37" E 27 00 feet from the northwest corner of said Lot 6, thence S 89°53'37" E. (N 89°59'E recorded) 178 26 feet along the north line of said Lot 6, thence S 00°03'00" E 80 04 feet to the south line of said Lot 6, thence N 89°54'48" W 178 33 feet along the south line of said Lot 6, thence north 80 10 feet to the Point of Beginning Containing 14,276 sq ft. PARCEL B. Lot 5, except the west 27 00 feet thereof and except the east 80 00 feet thereof, Folker's Farmington Acres, being a subdivision of part of the Northwest 1/4 of Section 3, T 1 S , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 61 of Plats, Page 90, Wayne County Records More fully described as beginning at a point on the north line of said Lot 5 which is 89°54'48" E 27 00 feet from the northwest corner of said Lot 5, thence S 89°54'48" E. 178 33 feet along the north line of said Lot 5, thence S 00°03'00" E 80 05 feet to the south line of said Lot 5, thence N 89°55'45" W 178 40 feet along the south line of said Lot 5, thence north 80 10 feet to the Point of Beginning Containing 14,283 sq ft. 31595 PARCEL C. The east 80 00 feet of Lot 5 and the east 80 00 feet of Lot 6 of Folker's Farmington Acres, being a subdivision of part of the Northwest 1/4 of Section 3, T 1 S R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan More fully described as commencing at a concrete monument on the north line of said Lot 6 which is S 89°53'37" E. 27 00 feet from the northwest corner of said Lot 6, thence S 89°53'37" E (N 89°59'E. recorded) 178.26 feet along the north line of said Lot 6 to the Point of Beginning, thence S 89°53'37" E (N 89°59'E recorded) 80 00 feet to the northeast corner of said Lot 6, thence S 00°03'00" E 160 04 feet (160 00 feet recorded) to the southeast corner of said Lot 5, thence N 89°55'45"W 80 00 feet along the south line of said Lot 5, thence N 00°03'00" W 160 09 feet to the Point of Beginning Containing 12,805 sq ft as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds On a motion by Brosnan, seconded by Duggan, it was RESOLVED, that having considered a communication from the Department of Law, dated April 5, 1999, approved for submission by the Mayor, requesting that Section 18 50D(n)2 and 9 be amended to delete these sections pertaining to political signs, as well as requesting an amendment to Section 18 50K(b)6 regarding changes to the face of any sign or in the colors, words or symbols used therein, the Council does hereby refer this item to the Legislative Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan and Brosnan NAYS Vandersloot, Pastor, Laura, Walsh and Engebretson The President declared the resolution denied On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was #271-99 RESOLVED, that having considered a communication from the Department of Law, dated April 5, 1999, approved for submission by the Mayor, requesting that Section 18 50D(n)2 and 9 be amended to 31596 delete these sections pertaining to political signs, as well as requesting an amendment to Section 18 50K(b)6 regarding changes to the face of any sign or in the colors, words or symbols used therein, the Council does hereby refer this item to the Department of Law to prepare appropriate ordinance amendments to Sections 18 50D and 18 50K of Zoning Ordinance No 543, as amended, for submission to Council A communication from the Department of Law, dated April 20, 1999, re additional information re Sign Ordinance amendments was received and placed on file for the information of the Council On a motion by Laura, seconded by Pastor, it was #272-99 RESOLVED, that having considered a communication from the City Planning Commission, dated April 1, 1999, which transmits its resolution 3-55-99, adopted on March 23, 1999, with regard to Petition 99- 3-8-11, submitted by Ledy Design Group (Big Boy), requesting site plan approval in connection with a proposal to add a new front entrance façade to the restaurant located at 37123 Six Mile Road in the Northwest 1/4 of Section 17, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby rcfer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Laura, Brosnan, Walsh, and Engebretson NAYS Duggan The President declared the resolution adopted A communication from the Department of Finance, dated April 7, 1999, re delinquent accounts receivable balance for Big Boy Restaurant, located at 37123 Six Mile Road, was received and placed on file for the information of the Council A communication from the Department of Law, dated April 20, 1999, re the site plan submitted by Ledy Design Group in connection with a proposal to add a new entrance façade to the Big Boy restaurant located at 37123 Six Mile Road was received and placed on file for the information of the Council (Petition 99-3-8-11) 31597 On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #273-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 15, 1999, which transmits its resolution 12-213-98 adopted on December 15, 1998, with regard to an Application for Greenbelt Review and Approval submitted by Mafalda Soave, requesting approval to substitute a greenbelt for the protective wall for the Westmore Plaza located at 33242-33260 Seven Mile Road in the Southwest 1/4 of Section 3, pursuant to the provisions set forth in Section 18 45 of Ordinance No 543, as amended, the Council does hereby determine to take no further action with respect to this matter A communication from Mr and Mrs Heath, 19114 Westmore, dated April 15, 1999, re forwarding various photographs and requesting denial of the request to substitute a greenbelt for the protective wall at the Westmore Plaza (33242-33260 Seven Mile) was received and placed on file for the information of the Council A commu.:ication from the Inspection Department, dated April 1, 1999, re the request of Mafalda Soave to substitute a greenbelt for a protective wall at property located at 33242-33260 Seven Mile Road was received and placed on file for the information of the Council A communication from Angela S Kelley, Property Manager for the Westmore Plaza, dated April 21, 1999, re withdrawing the application for greenbelt review for property located at 33242-33260 Seven Mile Road was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, it was #274-99 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 117 13 acres lying in 31598 the North 1/2 of Section 25, 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 72", and WHEREAS, written notice has been given by certified mail to Ashley Capital (Ashley Livonia, L L C ), Millennium Park, L L.0 , and Ladbroke Land Co 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 72, 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 72, and WHEREAS, on Monday, April 12, 1999, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 72, at which time Ashley Capital (Ashley Livonia, L.L.0 ) 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 Ashley Capital (Ashley Livonia, L.L.0 ) 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 72 " EXHIBIT A A part of the North % of Section 25, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as commencing at the northwest corner of said Section 25, thence S 01°54'43" E along the west line of said section and nominal centerline of Middlebelt Road, 362 59' to a point on southerly right-of-way of Schoolcraft Road/I-96 (variable width), thence along said right-of-way the following 6 courses N 88°05'17" E. 70 00', N 20°34'19" E 65 55', N 65°30'34" E 63 70', N 88°00'00" E 128 22', N 84°56'42" E 1085 07', N 84°20'12" E 461 75' to the Point of Beginning, thence continuing along said southerly right-of-way the following 5 courses. N 84°20'12" E. 123 77', N 79°48'23" E 151 59', N 84°20'12" E 652 37', N 88°18'06" E 598 25', S 88°13'33" E 383 70', thence S 31599 02°08'02" E 326 39' to a point of curvature, thence along said curve to the left, a radius of 240 00', central angle of 52°08'46", arc distance of 218 43', and chord bearing of S 28°12'25" E , 210 97' to a point of curvature, thence along said curve to the right, a radius of 295 00', central angle of 21°51'05", arc distance of 112 51', and chord bearing S 43°21'16" E 111 83', thence N 87°51'58" E. 72 59', thence S 02°08'02" E 1801 17' to a point on the northerly right-of-way of the C & 0 Railroad (width varies), thence along said northerly right-of-way the following 2 courses S 86°07'57" W 1323 32', S 88°10'37" W 822 03', thence N 02°08'08" W 2398 42' to the Point of Beginning Containing 117 13 acres (5,102,377 sq ft.) and subject to easements and restrictions of record, if any A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Laura, Brosnan, Walsh and Engebretson NAYS Duggan The President declared the resolution adopted On a motion by Brosnan, seconded by Laura, it was Resolution No 275-99 CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN A RESOLUTION GRANTING THE "SPECULATIVE BUILDING" DESIGNATION TO ASHLEY CAPITOL'S (ASHLEY LIVONIA, L.L.C ) FACILITIES LOCATED AT THE S E CORNER OF SCHOOLCRAFT AND MIDDLEBELT ROADS IN THE CITY OF LIVONIA, MICHIGAN PURSUANT TO AND IN ACCORDANCE WITH ACT 198 OF THE PUBLIC ACTS OF 1974, AS AMENDED WHEREAS, the City Council of the City of Livonia has established an Industrial Development District, pursuant to the provisions of Act No 198 of the Public Acts of 1974, as amended, (the "Act") encompassing land situated in the City of Livonia and comprised of an area of approximately 117 13 acres lying in the North 1/2 of Section 25, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is referred to as "City of Livonia Industrial Development District No 72," and WHEREAS, the City of Livonia has received a request from Ashley Capital (Ashley Livonia, L.L.0 ) for a "Speculative Building in Units" 31600 designation pursuant to the Act for facilities which are being constructed within said Industrial Development District; and WHEREAS, the City wishes to preserve its right to induce qualified manufacturers to locate in the City of Livonia at said facilities by offering the opportunity for tax abatement under the Act; and WHEREAS, the granting of said designation will under the Act allow the City of Livonia to consider future applicants the granting of tax abatement for such qualified manufacturers as may purchase or become tenants of the facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS FOLLOWS 1 The City of Livonia hereby grants to the industrial facilities (Buildings 3 and 4) located at the Southeast corner of Schoolcraft and Middlebelt Roads in the City of Livonia, Michigan, pursuant to the authority delegated to the City of Livonia under Act 198 of 1974, as amended, the "Speculative Building In Units" designation 2 The City of Livonia accepts the preliminary division of these facilities into thirty-n.ne (39) units identified as follows Building 3 Building 4 Unit#1 21,000 s f 27,000 s.f Unit #2 21,000 s f 27,000 s f Unit #3 21,000 s f 27,000 s f Unit #4 21,000 s f 27,000 s f Unit#5 21,000 s f 27,00u s f Unit #6 21,000 s f 27,000 s f Unit#7 21,000 s f 27,000 s f Unit #8 21,000 s f 27,000 s f Unit #9 21,000 s.f 27,000 s f Unit #10 22,875 s f 27,000 s f Unit#11 22,875 s f 27,000 s f Unit #12 21,000 s f 27,000 s f Unit#13 21,000 s f Unit #14 21,000 s f Unit #15 21,100 s.f Unit#16 21,100 s f Unit #17 39,000 s f Unit #18 39,000 s f Unit #19 39,000 s f Unit #20 42,125 s f Unit #21 39,625 s f 31601 Unit #22 39,000 s f Unit #23 39,000 s f Unit #24 39,000 s f Unit #25 39,000 s f Unit#26 39,000 s f Unit #27 39,000 s f which units are depicted on the attached sketch incorporated herein 3 Ashley Capital (Ashley Livonia, L L C ) may assemble one or more of said units into larger units or single unit for sale or lease to a qualified manufacturer or manufacturers as same is defined in Act 198 of 1974, as amended 4 The granting of the "Speculative Building in Units" designation for the facilities does not create any vested right on the part of Ashley Capital (Ashley Livonia, L.L.0 ), its successors in interests or any tenants of the facilities to receive tax abatement as provided under Act 198 of 1974, as amended, the designation being granted to preserve the opportunity for future qualified manufacturer or manufacturers under said Act to submit an application(s) to the City of Livonia requesting tax abatement under said Act. 5 The City Clerk is hereby directed to forward a certified copy of this resolution to the State Tax Commission for the State of Michigan EXHIBIT A A part of the North 1/2 of Section 25, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, described as commencing at the northwest corner of said Section 25, thence S 01°54'43" E along the west line of said section and nominal centerline of Middlebelt Road, 362 59' to a point on southerly right-of-way of Schoolcraft Road/I-96 (variable width), thence along said right-of-way the following 6 courses N 88°05'17" E. 70 00', N 20°34'19" E 65 55', N 65°30'34" E 63 70', N 88°00'00" E 128 22', N 84°56'42" E 1085 07', N 84°20'12" E 461 75' to the Point of Beginning, thence continuing along said southerly right-of-way the following 5 courses N 84°20'12" E 123 77', N 79°48'23" E 151 59', N 84°20'12" E 652 37', N 88°18'06" E 598 25', S 88°13'33" E 383 70', thence S 02°08'02" E 326 39' to a point of curvature, thence along said curve to the left, a radius of 240 00', central angle of 52°08'46", arc distance of 218 43', and chord bearing of S 28°12'25" E , 210 97' to a point of curvature, thence along said curve to the right, a radius of 295 00', central angle of 21°51'05", arc distance of 112 51', and chord bearing S 43°21'16" E. 111 83', thence N 87°51'58" E 72 59', thence S 02°08'02" E 1801 17' to a point on the northerly right-of-way of the C & 0 Railroad (width varies), 31602 thence along said northerly right-of-way the following 2 courses S 86°07'57" W 1323 32', S 88°10'37" W 822 03', thence N 02°08'08" W 2398 42' to the Point of Beginning Containing 117 13 acres (5,102,377 sq ft.) and subject to easements and restrictions of record, if any A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Laura, Brosnan, Walsh and Engebretson NAYS Duggan The President declared the resolution adopted On a motion by Vandersloot, st)conded by Brosnan, and unanimously adopted, it was #276-99 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 5, 1999, approved for submission by the Mayor, with respect to audit reports of the City of Livonia (Financial Report with Additional Information dated November 30, 1998), for District Court Funds of District No 16 of the City of Livonia (Financial Report with Additional Information dated November 30, 1998), for the Economic Development Corporation of the City of Livonia (Financial Report dated November 30, 1998) and for the Federal Awards of the City of Livonia (Supplemental Information dated November 30, 1998), the Council does hereby refer this item to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #277-99 RESOLVED, that having considered a communication from the City Librarian, dated March 29, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept donations in the amount of $75,604 00 from the contributors set forth in the attachment for use as indicated in the attachment; FURTHER, the Council does hereby accept the gift of a new computer and 85 CDs from the Western Wayne County Genealogical Society for genealogical research at the Civic Center Library; FURTHER, the amount of $1,320 00 is to be deposited to and credited to Account No 702-000-285-271 for the purpose as designated by the donor, and the amount of$8,000 00 is to be deposited in and credited to Account No 271-000-691-110 for library collection development. 31603 A communication from Thomas J Hagan, Jr , dated April 9, 1999, re tendering his resignation from the Zoning Board of Appeals effective April 16, 1999, was received and placed on file for the information of the Council On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #278-99 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, Frank J Kokenakes, 18576 Mayfield, Livonia, Michigan 48152, is hereby appointed to the Zoning Board of Appeals effective April 16, 1999, to fill the unexpired term of Thomas J Hagan, ending July 12, 2000, 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. Frank Kokenakes thanked Councilmember Laura for the appointment and expressed his willingness to serve on the Zoning Board of Appeals On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #279-99 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 Laura, it was #280-99 RESOLVED, that having considered a communication from the Department of Law, dated April 15, 1999, approved for submission by the Mayor, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held Monday, April 26, 1999, at 7 00 p m for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation regarding THB Building & Development Co. v City of Livonia, et al A roll call vote was taken on the foregoing resolution with the following result: 31604 AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh and Engebretson NAYS None The President declared the resolution adopted On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #281-99 RESOLVED, that having considered a communication from the Personne& Director, dated April 8, 1999, approved for submission by the Mayor, and a subsequent communication from the Personnel Director dated April 16, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on April 16, 1999, wherein the Commission has approved the proposed contract to be entered into between the City of Livonia and the Livonia Police Officers Association for the period December 1, 1997 through November 30, 2006, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation During audience communication, Nancy Heath, 19114 Westmore, asked for clarification re Agenda Item #34 (the request to substitute a greenbelt for the protective wall for the Westmore Plaza) On a motion by Duggan, seconded by Walsh, and unanimously adopted, this 1,391st Regular Meeting of the Council of the City of Livonia was adjourned at 9 12 p m , April 21, 1999 J McCotter, City Clerk