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HomeMy WebLinkAboutCOUNCIL MINUTES 1998-01-14 30669 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 14, 1998, 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 Duggan delivered the invocation. Roll was called with the following result: Brian Duggan, Joe Laura, Maureen Miller Brosnan, Val I Vandersloot, John R. Pastor, and Jack Engebretson. Absent: John J Walsh. Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Director of Finance, John Fegan, Director of Inspection, Ralph Magid, Superintendent of Public Service, Linda McCann, Director of Community Resources, Michael Murray, Police Chief; and John McDonald, Deputy Police Chief On a motion by Duggan, seconded by Vandersloot, it was #1-98 RESOLVED, that the minutes of the 1,359th Regular Meeting of the Council of the City of Livonia, held December 17, 1997, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Brosnan, and Vandersloot. NAYS None PRESENT Pastor and Engebretson. The President declared the resolution adopted No one wished to speak during the Audience Communication portion of the meeting 30670 A communication from the Office of the Mayor, dated December 19, 1997, re forwarding the Annual Report for the 1996-97 Fiscal Year was received and placed on file for the information of the Council A communication from the Engineering Division, dated January 6, 1998, re status of the Hillcrest Court Development Project at Five Mile and Spanich Court, on the east side of Kroger, was received and placed on file for the information of the Council At the direction of the Chair, new data was received and placed on file for the information of the Council re Consent Agenda Items#1, 12 & 15, respectively, as follows A communication from the Planning Commission, dated January 12, 1998, /ow re. the Builder's Square and HQ logo sign on the building located at 29659 Seven Mile Road. A communication from the Department of Public Safety, Fire & Rescue, dated December 2, 1997, re a discount offered by Douglass Safety Systems re the purchase of additional units of Self-Contained Breathing Apparatus (SCBA) A communication from the Public Service Division, dated January 9, 1998, re additional information on the award of bid for aggregates and the rescinding and repealing of Council Resolution 220-97 At the direction of the Chair, Item #18 was removed from the Consent portion of the Agenda. On a motion by Brosnan, seconded by Laura, it was #2-98 RESOLVED, that having considered a request from Councilmember Maureen Miller Brosnan, the Council does hereby refer the subject of the status of the ownership and possibility of site plan changes on the Home Quarters/Builder's Square building located on 30671 Seven Mile Road to the Planning Department for its report and recommendation. #3-98 RESOLVED, that having considered a letter from Terri tar O'Bey, 15184 Merriman Road, Livonia, Michigan 48154, dated December 3, 1997, requesting the installation of a left turn arrow at the intersection of Five Mile and Merriman, the Council does hereby refer the subject of the installation of left turn arrows at all major intersections in the City to the Traffic Commission for its report and recommendation #4-98 RESOLVED, that having considered a letter from Jill Wood, Publicity Chairperson of the Clarenceville Athletic Boosters Club, dated December 15, 1997, which requests permission to display wire signs announcing the Clarenceville High School Annual Craft Show to be held on Saturday, March 28, 1998, which signs are to be 14" x 22" in size and which will be displayed at all major intersections in the City from March 14, 1998, through March 29, 1998, the Council does hereby grant and approve this request in the manner and form herein submitted #5-98 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc., dated December 11, 1997, which submits a request for approval of the following items 1 The issuance of a permit to Pugh Shows to conduct carnival amusement rides at Henry Ford Field as part of this year's SPREE '48 Celebration, on June 23, 24, and 25, 1998, from 2:00 p m to midnight and on June 26, 27 and 28, 1998, from 12 00 noon to midnight; 2 The issuance of a permit to the Anniversary Committee to conduct a circus or lumberjack show on June 23-28, 1998, at Ford Field, 3 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, June 28, 1998, at 1000 p m , which display will be fired by American Fireworks, Inc., subject to providing liability insurance for this event and subject to the City of Livonia and the Livonia Anniversary Committee, Inc. being designated as additional insured on their policy; 4 Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Henry Ford Field, Veterans' Park and the Eddie Edgar Arena during the period of the SPREE '48 celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia, and 5 A waiver of all fees prescribed by ordinance or law with respect to items 2 and 3 above, as well as a waiver of all vendors' license 30672 fees for community organizations and/or groups authorized to participate in SPREE '48 by the Anniversary Committee, the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. #6-98 RESOLVED, that the Council does hereby refer the subject of the exhibition of circus animals at the SPREE '48 Celebration to the Department of Law for its report and recommendation #7-98 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc., dated December 11, 1997, which submits a request for permission to display banners advertising SPREE '48 on Farmington Road and Five Mile Road from June 1, 1998, through June 28, 1998, and to display 4' x 8' signs at City Hall and Ford Field from June 1, 1998, through June 28, 1998, the Council does hereby approve of this request at no additional cost to SPREE, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. #8-98 RESOLVED, that the Council does hereby refer the subject of the size of signage for charitable organizations and the Sign Ordinance in general to the Committee of the Whole for its report and recommendation #9-98 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc., dated December 11, 1997, wherein it is requested that the following City streets be closed to through traffic from 8 00 a.m on June 22, 1998, through 12:00 noon on June 29, 1998 (Monday through Monday) Stark Road from the Family Y, 14255 Stark to Lyndon Lyndon from Farmington Road to Stark Road the Council does hereby concur in and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby request that the Wayne County Road Commission close Farmington Road from Five Mile Road to Schoolcraft Road on June 28, 1998, between the hours of 8 00 p m and 11 30 p m. or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Lieutenant Kevin Dawley is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire 30673 Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 1998 Anniversary Celebration #10-98 RESOLVED, that having considered a communication from the City Assessor, dated December 5, 1997, 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 1998, 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 3, 1998 1 30 p m. - 4 30 p m. Wednesday March 4, 1998 9.00 a.m. - 12 00 p m 1.30 p m - 4 30 p m. Friday March 6, 1998 9.00 a.m - 12:00 p m. 1 30 p m. - 4 30 p m. Saturday March 7, 1998 9.00 a m. - 1 00 p m SECOND SESSION Monday March 9, 1998 1'00 p m - 8 00 p m Tuesday March 10, 1998 1 30 p m. - 4 30 p m. Wednesday March 11, 1998 9.00 a.m. - 12 00 p m 1 30 p m - 4 30 p m Friday March 13, 1998 9.00 a.m. - 12:00 p m. 1 30 p m - 4 30 p m Saturday March 14, 1998 9'00 a m - 1 00 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. 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 1998 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 #11-98 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 10, 1997, 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 a grant in the amount of$7,740 00 from the Senior 30674 Alliance for Senior Center staffing for the fiscal years 1998 through 2000; FURTHER, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the attached agreement with the Senior Alliance in connection with this grant. A communication from the Office of the City Clerk, dated December 19, 1997, re. collection of the Livonia Public Schools School District taxes (one-half commencing July 1, 1998 with the summer tax collection and the remaining one-half of the taxes with the winter collection) was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated December 19, 1997, re collection of the Oakland Schools School District taxes (summer collection) was received and placed on file for the information of the Council #12-98 RESOLVED, that having considered a communication from the Fire Chief, dated December 4, 1997, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $15,000 00 from the Hearts of Livonia, the same to be appropriated to Account#101-000-698-000 and #101-338-979-000 for the purchase of five new automated defibrillators for use by the Fire Department. #13-98 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 5, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a letter from Douglass Safety Systems, dated November 26, 1997, the Council does hereby authorize the purchase of eleven (11) additional units of Self-Contained Breathing Apparatus (SCBA) and seven (7) carrying cases for use by the Fire Department from Douglass Safety Systems, 4018 Estey Road, Rhodes, Michigan 48652, in the amount of $20,492 12, FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Inspection Department, dated December 11, 1997, re administrative response to CR 960-97 - use of the property located at 12275 30675 Inkster Road (Cliff Green Sales, Inc.) -was received and placed on file for the L information of the Council #14-98 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated December 16, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the extension of the Weed Cutting Contract 95-N, commencing January 1, 1998, and expiring on December 31, 1998, with Covington Contracting, Inc., 14872 Farmington Road, Livonia, Michigan 48154, under the same rates, terms and conditions as the 1995 contract; FURTHER, the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is completed, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected; and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended. #15-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 3, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby repeal and rescind Council Resolution 220-97 based 1 upon the fact that Suburban Transport, Inc. is unable to continue its contract to supply aggregates to the City of Livonia due to serious illness; FURTHER, 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 period of one year after the date of Council acceptance a. Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150. M.D 0 T -21AA - Limestone $ 7 42 per ton M.D 0 T - 22A 6 47 per ton W C R.0 -22X 5 45 per ton W C R.0 - 3A 8 42 per ton W C R.0 - 30A (Slag) 7 82 per ton W C R.0 - Porous Backfill - Grade A 4 57 per ton W C R.0 - Porous Backfill - Grade B 7 97 per ton iii... W C R.0 - 2NS - Natural Sand 6 22 per ton 30676 b R. D Shelby Trucking Co , 4950 Technical Drive, Milford, Michigan 48381 W C R.0 - 3X $ 8 75 per ton W C R.0 - 2MS - Mortar Sand 7 75 per ton 60-40 Washed - Conc. Aggregates 10 05 per ton c. Waterland Trucking Service, Inc., 29100 Wixom Road, P 0 Box 930335, Wixom, Michigan Pea Gravel $ 9 25 per ton #16-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 17, 1997, 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 Davey Tree Expert Company, 8250 Ronda, Canton Township, Michigan 48187, for completing all work required in area 1 in connection with the City's 1998 Municipal Tree Trimming Program for the estimated total cost of $118,080 00, based upon the Public Service Division's estimate of units involved; FURTHER, the Council does hereby accept the unit price bid of Paul Bunyan Tree-All Pro, 19230 W Eight Mile Road, Southfield, Michigan 48075, for completing all work required in areas 2 ($103,825 00), 3 ($108,075 00) and 4 ($64,590 00) in connection with the City's 1998 Municipal Tree Trimming Program for the estimated total cost of $276,490 00, based upon the Public Service Division's estimate of units involved, and subject to 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 bids received for this item, 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 contracts for and on behalf of the City of Livonia with the aforesaid bidders and to do all other things necessary or incidental to the full performance of this resolution A communication from the Division of Police, dated December 3, 1997, re administrative response to CR 921-97 - change of procedure regarding licensing of public vehicles -was received and placed on file for the information of the Council #17-98 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 16, 1997, approved for submission by the Mayor, submitted pursuant to Council Resolution 963-97, regarding a proposed amendment to Section 040 of Title 2, Chapter 26 of the Livonia Code of Ordinances, as amended, to 30677 authorize the Director of Building Inspection or the Senior Building Inspector to issue appearance tickets if there is reasonable cause to believe that a person has violated an ordinance which the Department of Inspection is authorized to enforce, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #18-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 2, 1997, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Detroit Concrete Products, 4900 McCarthy Drive, Milford, Michigan 48381, for completing all work required in connection with the Idyl Wyld Parking Lot Reconstruction Project (Contract 97-R) for the estimated total cost of$84,848 48 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 the expenditure of a sum not to exceed $84,848 48 from funds already budgeted for this purpose in Account No 401-000- 974-050 (Capital Projects), 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 #19-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 3, 1997, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Kaftan Enterprises, Inc., 25505 West Twelve Mile Road, Suite 2600, Southfield, Michigan 48034-8338, the proprietor of Brookview Park Condominiums, located in the Southeast 1/4 of Section 11, of the financial assurances previously deposited with respect to the cash refundable bond for the asphalt wearing course on Brookview Drive in the sum of$6,775 00; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that the improvement has been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #20-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 10, 1997, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize an additional payment in the amount of$11,212.33 to Nagle Paving Company, 30630 West Twelve Mile Road, Suite A, Farmington Hills, Michigan 48334, which sum includes the full and 30678 complete amount to cover the additional cost at the Ford Field Parking Lot Reconstruction, which work was authorized to be performed in Council Resolution 136-97, adopted on February 26, 1997, and which sum includes additional paving work done along the side of Eddie Edgar Arena and additional items encountered during the construction of the parking lots, and the Council does hereby appropriate and authorize the expenditure of the additional sum of$11,212 33 from Account No 401- 000-974-050 (Capital Improvement Fund - Parking Lot Paving) for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A communication from the Planning Department, dated December 1, 1997, re forwarding the "Capital Improvement Program 1998-2003" was received and placed on file for the information of the Council #21-98 RESOLVED, that having considered a communication from the Planning Department, dated December 1, 1997, to which is attached the "Capital Improvement Program 1998-2003", the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation. #22-98 RESOLVED, that having considered a communication from the City Planning Commission, dated December 17, 1997, which transmits its resolution 12-200-97, adopted on December 16, 1997, with regard to Petition 97-10-2-29, submitted by Bill Knapp's Michigan, Inc. requesting waiver use approval to remodel the existing building, add a vestibule, canopy and outdoor seating area to the building located on the south side of Six Mile Road between 1-275 and Newburgh Road in the Northeast 1/4 of Section 18, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 97-10-2-29 is hereby approved and granted, subject to the following conditions 1 That the Site Plan dated October 14, 1997, prepared by DBA, Dietrich, Bailey and Associates, P C , Architects, which is hereby approved, shall be adhered to, 2. That the landscaping shown on the Site Plan dated October 14, 1997, prepared by DBA, Dietrich, Bailey and Associates, P C , Architects, which is hereby approved, shall be installed prior to final inspection and shall thereafter be maintained in a healthy condition, 30679 3 That the Building Elevation Plans marked Sheet A3 and A4 dated September 12, 1997, prepared by R.0 I Design, which are hereby approved, shall be adhered to, and 4 That the total number of customer seats to be placed in the outdoor seating area shall not exceed 16 seats. #23-98 RESOLVED, that having considered a letter from Charles G. Tangora, Brashear, Tangora and Spence, LLP, representing the Costantino Del Signore Foundation and the Italian American Club of Livonia, dated January 5, 1998, the Council does hereby take this means to indicate that the Costantino Del Signore Foundation is recognized as a non-profit organization operating within the community, the action being taken hereby to afford the Costantino Del Signore Foundation an opportunity to obtain a gaming license or registration from the State of Michigan in accordance with provisions of state statute #24-98 RESOLVED, that having considered a request from Councilmember Joe Laura, the Council does hereby refer the subject of personal utilization of City vehicles to the Finance, Insurance and Budget Committee for its report and recommendation. #25-98 RESOLVED, that having considered a request from Councilmember Joe Laura, the Council does hereby refer the subject of a Bentley Center Task Force to the City Council/Schools Liaison Committee for its report and recommendation #26-98 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, February 23, 1998, at 8 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 97-11-6-7, submitted by the City Planning Commission, to determine whether or not to amend Article IX (OS District Regulations) and Article XXVI (P 0 District Regulations) of Zoning Ordinance No 543, as amended, to provide for fitness centers/health clubs as waiver uses, the City Planning Commission in its resolution 12-202-97 having recommended to the City Council that Petition 97-11-6-7 be approved; (2) Petition 97-9-1-17, submitted by Stanley and Antonina Kuzon, 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-1, the City Planning 30680 Commission in its resolution 12-196-97 having recommended to the City Council that Petition 97-9-1-17 be approved, (3) Petition 97-11-1-19, submitted by Manor Care Health Services, ea* Inc., for a change of zoning of property located on the north side of Seven Mile Road, east of Mayfield, in the Southwest 1/4 of Section 3, from R-3A to R-9, the City Planning Commission in its resolution 12-197-97 having recommended to the City Council that Petition 97-11-1-19 be approved; and (4) Petition 97-11-1-20, submitted by Steven and Pamela Pokornicki, Sonja Styles, Robert M Carter and Paul W Cox, for a change of zoning of property located on the west side of Oporto Avenue between Morlock and Norfolk in the Northeast 1/4 of Section 2, from RUFA to R-2, the City Planning Commission in its resolution 12-198-97 having recommended to the City Council that Petition 97-11-1-20 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution #27-98 RESOLVED, that having considered a communication from the City Engineer, dated December 29, 1997, approved for submission by the Mayor, and submitted pursuant to Council Resolution 405-97, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed paving of the parking area in front of the Kingston Terrace Condominiums located on the west side of Middlebelt Road between Orangelawn and Robert Drive, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, 30681 specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of December 29, 1997, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, February 18, 1998, at 7 00 p m. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Brosnan, Vandersloot, Pastor, and Engebretson. NAYS None On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #28-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 8, 1997, and the report and recommendation of the Chief of Police, dated December 23, 1997, in connection therewith, the Council does hereby recommend approval of the request from Marriott Diversified American Hotels, Limited Partnership (a Delaware Limited Partnership) to drop Marriott International, Inc. (a Delaware Corporation), as co-licensee and add Marriott Hotel Services, Inc. (a Delaware Corporation) as co-licensee in 1996 12 Months Resort B-Hotel licensed business with Dance Permit and 224 rooms located at 17100 Laurel Park, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission The "Proposed Schedule for Livonia DDA Bonds and Building Authority Bonds" re the Plymouth Road Development Authority Plan Amendment was received and placed on file for the information of the Council The "Michigan Bond Financing Fundamentals," presented to the Livonia City Council on January 6, 1998, by Miller, Canfield, Paddock and Stone, P L.0 , re Fire Station bonds was received and placed on file for the information of the Council 30682 A communication from the Office of the Mayor, dated January 7, 1998, re administrative response to CR 979-97 - negotiations/proposed agreement(s) with for advanced life support providers on an interim basis not to exceed 18 months - was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was: #29-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 6, 1998, submitted pursuant to Council Resolution 973-96, and the report and recommendation of the Mayor, dated January 7, 1998, submitted pursuant to Council Resolution 979-97, regarding a proposed contract with Community Emergency Medical Service (CEMS) to provide advanced life support services on an interim basis, the Council does hereby accept the proposal submitted by Community Emergency Medical Service, 24500 West Eight Mile, Southfield, Michigan 48034, for providing advanced life support services for a period not less than ten (10) months and no longer than eighteen (18) months from the date of execution of a contract with the City of Livonia; 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 company and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby determine to accept such proposal without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended. At the direction of the Chair, Agenda Item 29d re the City Council Organizational Discussion was postponed until the Regular Meeting of January 28, 1998. The Chair called for a Second Reading and Roll Call Vote with respect to the proposed amendment to Section 290 of Title 2, Chapter 97 (The City of Livonia Employees Retirement System Defined Contribution Plan) of the Livonia Code of Ordinances, as amended. As none was offered, the matter died for lack of support. 30683 On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was #30-98 RESOLVED, that the Council does hereby determine to take no further action with respect to the proposed amendment to Section 290 of Title 2, Chapter 97 (The City of Livonia Employees Retirement System Defined Contribution Plan) of the Livonia Code of Ordinances, as amended, regarding transition rules relating to first plan year and employees transferring from the City of Livonia Retirement Defined Benefit Plan pursuant to Ordinance 2 96 010 et seq On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #31-98 RESOLVED, that having considered a letter from Kevin R. Crute, President/Owner of Crucam, Inc./KEV, Inc., 38099 Schoolcraft Road, Livonia, Michigan 48150, dated December 16, 1997, in connection with Industrial Facility Exemption Certificate No 95-493, the application for same having previously been approved by Council Resolution 657-95, and to which is attached a revised statement showing the actual cost of the project which is more than 10% greater than the estimated amount, the Council does hereby approve the revision in the original estimated cost of building improvements, furniture and fixtures from $3,560,000 00 to $3,939,721 00 A communication from the Public Service Division, dated January 9, 1998, re additional information pertaining to the purchase of nine (9) replacement vehicles for the Inspection Department 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 #32-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 17, 1997, 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 nine (9) 1998 Chevrolet Cavalier 4-door sedans from Berger Chevrolet, 2525 28th Street, S E., Grand Rapids, Michigan 49512, for a total cost of$99,693 00, including delivery, the same to be expended from funds already budgeted for this purpose in P S Sanitation (Vehicles) Account No 205-527-985-000; 30684 FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under contract No 071 B8000281), as well as for the additional reasons indicated in the aforesaid communication, 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 nine (9) surplus City-owned vehicles at public auction after receipt of the new vehicles A communication from the Public Service Division, dated January 9, 1998, re additional information on the request to purchase two (2) 1998 mini vans, six (6) 1998 3/4 ton heavy duty pickup trucks and two (2) 19981/2 ton pickup trucks as replacement vehicles throughout the City was received and placed on file for the information of the Council On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #33-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 17, 1997, 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. 1 Two (2) 1998 Dodge Caravan mini vans in the amount of $16,717 15 each, for a total cost of$33,434 30, to be assigned to the Assessor's Office and the City Clerk's Office, 2. Six (6) 1998 BR 2500/BR 2L62 pickup trucks in the amount of $17,605 41 each, for a total cost of$105,632 46, to be assigned to the Public Service Division (one to the Equipment Maintenance Section, two to the Roads Maintenance Section, three to the Parks Maintenance Section), 3. Two (2) 1998 1/2 ton Dakota pickup trucks in the amount of $12,811 81 each, for a total cost of$25,623 62, to be assigned to the Engineering Division, from Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue, Lansing, Michigan 48911, in the total amount of$164,690 38, including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446- 30685 985-000; FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 07168000287), as well as for the additional reasons indicated in the aforesaid communication, 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 ten (10) surplus City-owned vehicles at public auction after receipt of the new vehicles On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was #34-98 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 18, 1997, 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 11 patrol vehicles from Signature Ford, 1960 E Main, Owosso, Michigan 48867, for a total price of$219,791 00; one (1) Weighmaster vehicle from Shaheen Chevrolet Inc., 3901 S Martin Luther King Boulevard, Lansing, Michigan 48910, for a total price of$26,000 00; one (1) Intelligence Bureau vehicle from Buff Whelan Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan 48313, for a total price of $14,611 88, one (1) Rangemaster vehicle, three (3) Intelligence Bureau vehicles and five (5) Investigative Division vehicles from Red Holman Pontiac, 35300 Ford Road, Westland, Michigan 48185, for a total price of $182,598 75, the total amount of $443,001 63 to be expended from funds already budgeted for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price and the low Oakland County and Macomb County 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 Duggan left the podium at 8 21 p m due to a conflict of interest on the next Agenda item. On a motion by Brosnan, seconded by Pastor, it was #35-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 10, 1997, which is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution 167-97, adopted on February 26, 1997, so as to reduce the financial assurances now on deposit with the City for General Bond Improvements in Cross Winds Court Subdivision located in the Southwest 1/4 of Section 11 to $4,620 00 (all cash) to cover the cost of remaining 30686 general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged. A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Vandersloot, Pastor, and Engebretson. NAYS None The President declared the resolution adopted Duggan returned to the podium at 8 22 p m On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was. #36-98 RESOLVED, that having considered a communication from the City Planning Commission, dated December 17, 1997, which transmits its resolution 12-204-97, adopted on December 16, 1997, with regard to a Sign Permit Application submitted by A-1 Signs, Inc., on behalf of Rio Bravo Cantina, requesting approval for signage for the restaurant located at 19265 Victor Parkway in the Southeast 1/4 of Section 6, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Laura, seconded by Duggan, and unanimously adopted, it was. #37-98 RESOLVED, that having considered a communication from the City Planning Commission, dated December 17, 1997, which transmits its resolution 12-206-97, adopted on December 16, 1997, requesting approval to revise Petition 95-4-2-15, submitted by Westborn Market, which received waiver use approval to construct a fruit market on property located on the west side of Middlebelt Road between Five Mile Road and Linda Avenue in the Northeast 1/4 of Section 23, which plans were previously revised in Council Resolution 474-97 on May 28, 1997, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Daniel DeRemer, DeRemer & Associates, 106 S Woodward, Birmingham, MI, the architect on this project, addressed the construction of the wall, offering to move it in 3' due to the request of the neighboring properties 30687 On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was: #38-98 RESOLVED, that having considered a communication from the City Planning Commission, dated December 17, 1997, which transmits its resolution 12-206-97, adopted on December 16, 1997, requesting approval to revise Petition 95-4-2-15, submitted by Westborn Market, which received waiver use approval to construct a fruit market on property located on the west side of Middlebelt Road between Five Mile Road and Linda Avenue in the Northeast 1/4 of Section 23, which plans were previously revised in Council Resolution 474-97 on May 28, 1997, the Council does hereby refer this item to the Department of Law for its report and recommendation on the issue of moving a barrier wall three feet inside the property line On a motion by Duggan, seconded by Brosnan, it was. RESOLVED, that having considered a communication from the City Planning Commission, dated December 17, 1997, which transmits its resolution 12-199-97, adopted on December 16, 1997, with regard to Petition 97-10-2-28, submitted by Rite Aid of Michigan requesting waiver use approval to utilize an SDM and SDD license in connection with an existing store located on the southeast corner of Eight Mile and Newburgh Roads in the Northwest 1/4 of Section 5, which property is zoned C-1, the Council does hereby reject the recommendation of the Planning Commission and Petition 97-10-2-28 is hereby denied in its entirety for the following reasons. 1 That the petitioner has failed to affirmatively show that the proposed utilization of both an SDM and SDD license at the subject location complies with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2 That the proposed utilization of an SDM and an SDD license is incompatible to and detrimental to the Whispering Willows Golf Course and the Greenmead Historical Village, and 3 That there is no demonstrated need for additional SDM and/or SDD licensed facilities in the area. Fred Lovejoy, 427 Capitol, Lansing, MI, attorney for the petitioner, spoke to the need for Rite-Aid to obtain a liquor license and submitted a petition containing 244 signatures of patrons of Rite Aid who are in favor of granting them an SDM and SDD license at Eight Mile and Newburgh Roads, as well as some photographs 30688 Robert Kunkel, 36781 Curtis, owner of the property in question, spoke to a need for Rite Aid to have an SDM license A roll call vote was then taken on the foregoing resolution with the following result: AYES Duggan and Brosnan NAYS Laura, Vandersloot, Pastor, and Engebretson The President declared the resolution denied On a motion by Vandersloot, seconded by Pastor, it was #39-98 RESOLVED, that having considered a communication from the City Planning Commission, dated December 17, 1997, which transmits its resolution 12-199-97, adopted on December 16, 1997, with regard to Petition 97-10-2-28, submitted by Rite Aid of Michigan requesting waiver use approval to utilize an SDM and SDD license in connection with an existing store located on the southeast corner of Eight Mile and Newburgh Roads in the Northwest 1/4 of Section 5, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 97- 10-2-28 is hereby approved and granted as to the use of an SDM license only for the following reasons 1 That the proposed usage of an SDM license at the subject location complies with all of the special and general waiver use standards and requirements as set forth in Sections 10 03 and 19 06 of Zoning Ordinance No 543, 2 That the subject site has the capacity to accommodate the utilization of an SDM license, 3 That the petitioner has failed to affirmatively show that the proposed utilization of an SDD license at the subject location complies with all of the general waiver use standards and requirements as set forth in Section 19 06 of Zoning Ordinance No 543, 4 That the proposed utilization of an SDD license is incompatible to and detrimental to the Whispering Willows Golf Course and the Greenmead Historical Village, and 5 That there is no demonstrated need for additional SDD licensed facilities in the area A roll call vote was taken on the foregoing resolution with the following result: 30689 AYES Laura, Vandersloot, Pastor, and Engebretson NAYS Duggan and Brosnan. The President declared the resolution adopted On a motion by Laura, seconded by Duggan, and unanimously adopted, it was. #40-98 RESOLVED, that having considered a communication from the City Assessor, dated November 18, 1997, approved for submission by the Mayor, with regard to a request from Harvey Plaskov, 18720 Hillcrest, 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 determine to deny the request for dividing Tax Item No 46-099-99-0141-000 into two (2) parcels since the same would be in violation of the City's zoning ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #41-98 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 29, 1997, approved for submission by the Mayor, in connection with the extension of the contract with MAT Court Recording & Court Services, the Council does hereby refer this matter to the Director of Finance and the Department of Law for their review and approval of the proposed contract extension On a motion by Pastor, it was RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 29, 1997, approved for submission by the Mayor, in connection with the extension of the contract with MAT Court Recording & Court Services, the Council does hereby repeal and rescind Council Resolution 1048-97 The President declared the motion failed for lack of support. On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. 30690 #42-98 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Kelsey-Hayes, dated October 15, 1997, covering new industrial facilities to be located within City of Livonia Industrial Development District No 46, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Kelsey-Hayes, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m., on Monday, December 15, 1997, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Kelsey-Hayes, finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Kelsey-Hayes covering new industrial facilities to be located within the City of Livonia Industrial Development District No 46 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates 30691 A communication from Kelsey-Hayes, dated December 17, 1997, re forwarding a revised copy of the Letter of Agreement between the City and Kelsey- Hayes with respect to their request for an Industrial Facility Exemption Certificate was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was #43-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 22, 1997, which transmits its resolution 10-170-97 adopted on October 14, 1997, with regard to Petition 97-2-8-1 submitted by First Federal of Michigan, requesting site plan approval in connection with a proposal to erect an ATM and construct a new driveway for the bank located at 28999 Five Mile Road in the Northwest 1/4 of Section 24, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, and the Council having conducted a public hearing with regard to this matter on December 15, 1997, pursuant to Council Resolution 909-97, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A communication from Nordstrom Samson Associates, the architect for First Federal of Michigan, dated January 7, 1998, re requesting that Petition 97-2-8-1 be referred to a committee for further discussion 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: #44-98 RESOLVED, that having considered a communication from the Department of Law, dated December 12, 1997, approved for submission by the Mayor, transmitting for Council acceptance seven Grants of Easement, more particularly described as (1) Grant of Easement dated October 22, 1997, executed by David P Draft, Senior Regional Director of First Industrial Realty Trust, Inc., a Maryland Corporation, General Partner of First Industrial, L.P , a Delaware Limited Partnership, to the City of Livonia, for. 30692 Water Main Easement: A twelve (12) feet wide water main easement located in the South Lone-half of Section 30, Town 1 South, Range 9 East in the City of Livonia, Wayne County, Michigan, and the centerline of said easement being more particularly described as follows Commencing at the East one-quarter corner of Section 30, Town 1 South, Range 9 East, Wayne County, Michigan, thence South 88 degrees 03 minutes 32 seconds West a distance of 2058 21 feet, thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on the Northerly right-of-way line of Plymouth (120 feet wide) Road, thence North 76 degrees 30 minutes 44 seconds West along the Northerly right-of-way line of Plymouth Road 969 45 feet to the Point of Beginning of the centerline of the herein described easement; thence North 14 degrees 43 minutes 55 seconds East 124 11 feet to the Point of Termination. and (2) Grant of Easement dated October 22, 1997, executed by David P Draft, Senior Regional Director of First Industrial Realty Trust, Inc., a Maryland Corporation, General Partner of First Industrial, L.P a Delaware Limited Partnership, and Anthony Muscatello, President of Fl Development Services Corporation, a Maryland Corporation, the General Partner of First Industrial Development Services, L.P , a Delaware Limited Partnership to the City of Livonia, for Water Main Easement: A twelve (12) feet wide water main easement located in the South one-half of Section 30, Town 1 South, Range 9 East in the City of Livonia, Wayne County, Michigan, and the centerline of said easement being more particularly described as follows. Commencing at the East one-quarter corner of Section 30, Town 1 South, Range 9 East, Wayne County, Michigan, thence South 88 degrees 03 minutes 32 seconds West a distance of 2058 21 feet; thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on the Northerly right-of-way line of Plymouth (120 feet wide) Road; thence North 76 degrees 30 minutes 44 seconds West along the Northerly right-of-way line of Plymouth Road 1277 52 feet to the Point of Beginning of the centerline of the herein described easement; thence North 01 degrees 56 minutes 29 seconds West 653 80 feet; thence North 88 degrees 03 minutes 35 seconds East 722 87 feet to a point on the centerline of an existing twelve (12) feet wide easement and the Point of Termination. 30693 and (3) Grant of Easement dated October 22, 1997, executed by David P Draft, Senior Regional Director of First Industrial Realty Trust, Inc., a Maryland Corporation, General Partner of First Industrial, L.P , a Delaware Limited Partnership, to the City of Livonia, for Water Main Easement: A twelve (12) feet wide water main easement located in the South one-half of Section 30, Town 1 South, Range 9 East in the City of Livonia, Wayne County, Michigan, and the centerline of said easement being more particularly described as follows' Commencing at the East one-quarter corner of Section 30, Town 1 South, Range 9 East, Wayne County, Michigan, thence South 88 degrees 03 minutes 32 seconds West a distance of 2058 21 feet; thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on the Northerly right-of-way line of Plymouth (120 feet wide) Road, thence North 76 degrees 30 minutes 44 seconds West along the Northerly right-of-way line of Plymouth Road 1277 52 feet; thence North 01 degrees 56 minutes 29 seconds West 163 86 feet to the Point of Beginning of the centerline of the herein described easement; thence North 88 degrees 03 minutes 35 seconds East 36 15 feet to the Point of Termination. and (4) Grant of Easement dated October 22, 1997, executed by David P Draft, Senior Regional Director of First Industrial Realty Trust, Inc., a Maryland Corporation, General Partner of First Industrial, L.P , a Delaware Limited Partnership, to the City of Livonia, for Water Main Easement: A twelve (12) feet wide water main easement located in the South one-half of Section 30, Town 1 South, Range 9 East in the City of Livonia, Wayne County, Michigan, and the centerline of said easement being more particularly described as follows Commencing at the East one-quarter of Section 30, Town 1 South, Range 9 East, Wayne County, Michigan; thence South 88 degrees 03 minutes 32 seconds West 2058.21 feet; thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on the Northerly right-of-way line of Plymouth (120 feet wide) Road; thence North 76 degrees 30 minutes 44 seconds West along the Northerly right-of-way line of Plymouth Road 1277 52 feet; thence North 01 degrees 56 minutes 29 seconds West 445 82 feet to the 30694 Point of Beginning of the centerline of the herein described easement; thence South 88 degrees 03 minutes 35 seconds West 54 16 feet to the Point of Termination and (5) Grant of Easement dated October 22, 1997, executed by David P Draft, Senior Regional Director of First Industrial Realty Trust, Inc., a Maryland Corporation, General Partner of First Industrial, L.P , a Delaware Limited Partnership, to the City of Livonia, for Water Main Easement: A twelve (12) feet wide water main easement located in the South one-half of Section 30, Town 1 South, Range 9 East in the City of Livonia, Wayne County, Michigan, and the centerline of said easement being more particularly described as follows Commencing at the East one-quarter corner of Section 30, Town 1 South, Range 9 East, Wayne County, Michigan, thence South 88 degrees 03 minutes 32 seconds West 2058 21 feet; thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on the Northerly right-of-way line of Plymouth (120 feet wide) Road; thence North 76 degrees 30 minutes 44 seconds West along the Northerly right-of-way line of Plymouth Road 1277 52 feet; thence North 01 degrees 56 minutes 29 seconds West 653 80 feet; thence North 88 degrees 03 minutes 35 seconds East 131 15 feet to the Point of Beginning of the centerline of the herein described easement; thence North 01 degrees 56 minutes 25 seconds West 30 10 feet to the Point of Termination. and (6) Grant of Easement dated October 22, 1997, executed by David P Draft, Senior Regional Director of First Industrial Realty Trust, Inc., a Maryland Corporation, General Partner of First Industrial, L.P a Delaware Limited Partnership, and Anthony Muscatello, President of Fl Development Services Corporation, a Maryland Corporation, the General Partner of First Industrial Development Services, LP, a Delaware Limited Partnership, to the City of Livonia, for Water Main Easement: A twelve (12) feet wide water main easement located in the South one-half of Section 30, Town 1 South, Range 9 East in the City of Livonia, Wayne County, Michigan, and the centerline of said easement being more particularly described as follows. 30695 Commencing at the East one-quarter corner of Section 30, Town 1 South, Range 9 East, Wayne County, Michigan, thence South 88 degrees 03 minutes 32 seconds West 2058.21 feet; thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on the Northerly right-of-way line of Plymouth (120 feet wide) Road; thence North 76 degrees 30 minutes 44 seconds West along the Northerly right-of-way line of Plymouth Road 1277 52 feet; thence North 01 degrees 56 minutes 29 seconds West 653 80 feet; thence North 88 degrees 03 minutes 35 seconds East 359 27 feet to the Point of Beginning of the centerline of the herein described easement; thence North 01 degrees 56 minutes 25 seconds West 30 10 feet to the Point of Termination. and (7) Grant of Easement dated October 29, 1997, executed by Anthony Muscatello, President of First Industrial Development Services Corporation, a Maryland Corporation, General Partner of First Industrial Development Services Corporation, a Delaware Limited Partnership, to the City of Livonia, for Water Main Easement: A twelve (12) feet wide water main easement located in the South one-half of Section 30, Town 1 South, Range 9 East in the City of Livonia, Wayne County, Michigan, and the centerline of said easement being more particularly described as follows Commencing at the East one-quarter corner of Section 30, Town 1 South, Range 9 East, Wayne County, Michigan, thence South 88 degrees 03 minutes 32 seconds West 2058 21 feet; thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on the Northerly right-of-way line of Plymouth (120 feet wide) Road, thence North 76 degrees 30 minutes 44 seconds West along the Northerly right-of-way line of Plymouth Road 1277 52 feet, thence North 01 degrees 56 minutes 29 seconds West 653 80 feet; thence North 88 degrees 03 minutes 35 seconds East 567 23 feet to the Point of Beginning of the centerline of the herein described easement; thence South 01 degrees 56 minutes 25 seconds East 21 41 feet to the Point of Termination. the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants of Easement and 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 REVISED PAGE - SEE RECEIVE & FILE 30696 On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #45-98 RESOLVED, that having considered a communication from the Fire Chief, the Police Chief and the Director of Emergency Preparedness, dated November 20, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding bids received for the purchase of a Command Post Vehicle for Fire, Police and Emergency Preparedness operations, as well as Public Service Division operations, if needed, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Communications from the Department of Law, both dated December 16, 1997, re the Master Deed and Bylaws submitted for the Gruda Site condominiums (Petition 97-11-8-23), as well as a general description of the site condominium approval process, were received and placed on file for the information of the Council On a motion by Laura, seconded by Duggan, and unanimously adopted, it was: #46-98 RESOLVED, that having considered a communication from the City Planning Commission, dated December 1, 1997, which transmits its resolution 11-195-97 adopted on November 25, 1997, with regard to Petition 97-11-8-23 submitted by Zef lvezaj, requesting site plan approval in connection with a proposal to construct a site condominium development on property located on the west side of Henry Ruff Road between Six Mile Road and Puritan Avenue in the Northeast 1/4 of Section 14, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby refer the subject of the elevation plans to the Streets, Roads and Plats Committee for its report and recommendation On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #47-98 RESOLVED, that having considered a communication from the City Planning Commission, dated December 1, 1997, which transmits its resolution 11-195-97 adopted on November 25, 1997, with regard to Petition 97-11-8-23 submitted by Zef lvezaj, requesting site plan approval in connection with a proposal to construct a site condominium development on property located on the west side of Henry Ruff Road between Six Mile Road and Puritan Avenue in the Northeast 1/4 of 30697 Section 14, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby refer the subject of the site condominium approval process to the Streets, Roads and Plats Committee for its report and recommendation On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #48-98 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 9, 1997, 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 a cash donation in the amount of$1,000 00 from the Hearts of Livonia, the same to be appropriated and credited to Account #702-000-285-215 for use in connection with the Livonia Youth Assistance Program On a motion by Laura, seconded by Vandersloot, it was. #49-98 RESOLVED, that having considered a communication from the Department of Law, dated January 7, 1998, 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 Tuesday, January 20, 1998, at 7 00 p m. for the purposes of discussing litigation matters and attorney-client privileged communications in connection with pending litigation A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Brosnan, Vandersloot, Pastor, and Engebretson NAYS None The President declared the resolution adopted. A communication from John R. Pastor, received by the City Council Office on December 29, 1997, re indicating his resignation from the City of Livonia Zoning Board of Appeals effectively immediately 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. 30698 #50-98 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. Duggan left the podium at 9.02 p m due to a conflict of interest. On a motion by Brosnan, seconded by Laura, it was #51-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 8, 1998, which is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend item no 7 of Council Resolution 968-97, adopted on November 19, 1997, so as to reduce the financial assurances now on deposit with the City for general improvements in the Kenwood Subdivision, located in the Northwest 1/4 of Section 2, to $2,310 00 of which at least $500 00 shall be in cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City, including the Sidewalk Improvement Bond, shall remain the same and unchanged A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Vandersloot, Pastor, and Engebretson. NAYS None. The President declared the resolution adopted Duggan returned to the podium at 9.03 p m. On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was: #52-98 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, Thomas L. Foraker, 30840 Lyndon, Livonia, MI 48154, is hereby appointed to the Zoning Board of Appeals effective January 14, 1998, to fill the unexpired term of John R. Pastor, ending July 12, 1998, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that Mr Foraker takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. 30699 On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was. #53-98 RESOLVED, that the Council does hereby refer to the Mayor's Office requesting the administration to repair the microphones in the City Hall auditorium and to also purchase a cordless microphone for use in the auditorium. No one from the audience wished to speak at this time On a motion by Brosnan, seconded by Laura, and unanimously adopted, this 1,360th Regular Meeting of the Council of the City of Livonia was adjourned at 9.05 p m., January 14, 1998. . 6', Jodi McCotter, City Clerk