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HomeMy WebLinkAboutCOUNCIL MINUTES 1997-08-11 30380 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 11, 1997, 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 04 p m Councilmember Feenstra delivered the invocation, expressing sympathy to the families of Timothy Ball and Robert Turner Roll was called with the following result: Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, and Joe Laura. Absent: None Elected and appointed officials present. Jack E Kirksey, Mayor; H Shane, Assistant City Planner; Robert J Beckley, Director of Public Works, Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Laura M Toy, City Treasurer; Linda McCann, Director of Community Resources, Ronald Reinke, Superintendent of Parks and Recreation, Jeanne Treff, Cable Television Director; and Thaddeus McCotter, Wayne County Commissioner On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #641-97 RESOLVED, that the minutes of the 1,349th Regular Meeting of the Council of the City of Livonia, held July 21, 1997, are hereby approved as submitted On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #642-97 RESOLVED, that the minutes of the 232nd Special Meeting of the Council of the City of Livonia, held July 23, 1997, are hereby approved as submitted 30381 The Director of Public Works, Robert J Beckley, introduced Robert J Schron, P E , as the new City Engineer Mr Schron is a registered professional engineer in Michigan who comes to the City with 27 years experience in consulting civil engineering Wayne County Commissioner Thaddeus McCotter presented a resolution on behalf of the Wayne County Commissioners honoring and congratulating Sergeant Julie Worden on her new appointment. On June 25, 1997, Governor John Engler appointed Sergeant Julie Worden to the Board of Forensic Polygraph Examiners, making her the first woman ever to serve on the Polygraph Board During audience communication, John Pastor, 31140 Lyndon, thanked the patrons of the Burger King restaurant on Seven Mile and Middlebelt Roads, as well as those who made direct donations to the Children's Miracle Network, with respect to the fund drive for his son Mr Pastor indicated that over $2,000 00 was raised by this effort. A communication from the Department of Finance, dated July 21, 1997, re forwarding various financial statements of the City of Livonia for the month ending June 30, 1997, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Duggan, it was #643-97 RESOLVED, that having considered an application from Steven Beavis, 18646 Lathers, dated July 11, 1997, requesting permission to close Lathers Street between Pickford and Clarita on Saturday, August 16, 1997, from 5 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, September 6, 1997, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. 30382 #644-97 RESOLVED, that having considered an application from Gisele T Sidor, 36026 Dover, dated July 9, 1997, and a subsequent communication from Ms Sidor, dated July 18, 1997, requesting permission to close Dover Street between Linville and Crown on Saturday, September 6, 1997, from 1000 a m. to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 7, 1997, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #645-97 RESOLVED, that having considered an application from John Maley, 14284 Hubbard, dated July 10, 1997, requesting permission to close Hubbard between Allen and Perth on Saturday, September 6, 1997, from 3 00 p m to 8 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 7, 1997, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #646-97 RESOLVED, that having considered a letter from the Michigan Municipal League, dated June 30, 1997, with regard to the Annual Convention of the League to be held in Muskegon, Michigan, on September 24 - 26, 1997, the Council does hereby designate Mayor Jack E Kirksey as the Official Representative and Voting Delegate of the City of Livonia at the Annual Meeting and does further designate Council Members Michael P McGee and Fernon P Feenstra as the alternates, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Office of the City Clerk, dated July 9, 1997, re forwarding the Fiscal Year 1998 School Tax Rate from the Oakland Schools was received and placed on file for the information of the Council #647-97 RESOLVED, that having considered a communication from the Mayor, dated July 8, 1997, recommending the installation of street signs for the Merriman Road Service Drive and the proposed designation of such drives as Merriman Service Drive North and Merriman Service Drive South, the Council does hereby authorize the placement of such signs as recommended in the aforementioned communication and does hereby approve the proposed names of such drives as Merriman Service Drive North and Merriman Service Drive South #648-97 RESOLVED, that having considered a communication from the Mayor, dated July 8, 1997, with respect to the proposed installation of street signs at the Merriman Road Service Drive, the Council does hereby 30383 refer the subject of proposed notification of the designation of Merriman Service Drive North and Merriman Service Drive South to Police and Fire officials, the U S Postal Service and other affected entities to the Department of Public Works - Engineering Division for its report and recommendation #649-97 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated July 10, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits resolution 2393-97 adopted by the Parks and Recreation Commission on June 2, 1997, the Council does hereby grant permission to Peace Evangelical Lutheran Church, 9415 Merriman Road, Livonia, Michigan 48150, to sell food at its softball tournament to be held on August 16, 1997, at Bicentennial Park, subject to the following conditions 1 That Peace Evangelical Lutheran Church submit an itemized list of concessions, vendors, porta-johns and other equipment needed for approval by the Department of Parks and Recreation, 2 That Peace Evangelical Lutheran Church provide the City of Livonia with an insurance policy naming the City of Livonia as additional insured with liability coverage of one million dollars, 3 That Peace Evangelical Lutheran Church assume responsibility for any related expenses, i e , porta johns, field permits, etc; 4 That concessions are to be operated by members of Peace Evangelical Lutheran Church and no outside vendors are permitted, and 5 That Peace Evangelical Lutheran Church contact the Wayne County Health Department advising them that food will be served at the tournament. #650-97 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated July 10, 1997, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and First Step for the period August 1, 1997, through July 31, 1998, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #651-97 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated July 10, 1997, approved for submission by the Mayor, and to which is attached a Hold 30384 Harmless Contract between the City of Livonia and Hegira Programs, Inc. for the period August 1, 1997, through July 31, 1998, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. #652-97 RESOLVED, that having considered a communication from the Assistant Personnel Director, dated July 18, 1997, 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 July 17, 1997, wherein the Commission recommended approval of an hourly wage increase for the classification of Seasonal Clerk, effective July 23,1997, which rate increase is as follows Current Wage Rate Proposed Wage Rate $5 25 1st year $6 45 $5 75 2nd year $6 95 the Council does hereby concur in and approve of the aforesaid action. #653-97 RESOLVED, that having considered a communication from Fred C Lovejoy, Doyle Group Attorneys, P C , dated July 24, 1997, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on July 22, 1997, by the City Planning Commission in its resolution 7-119-97 with regard to Petition 97-6-2-15 submitted by Rite Aid of Michigan requesting waiver use approval to transfer SDD and SDM licenses to an existing Rite Aid Drug Store located on the southwest corner of Six Mile and Inkster Roads in the Northeast 1/4 of Section 13, which property is zoned C-2, C-1 and P, the Council does hereby designate Monday, September 15, 1997, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, 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 Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. #654-97 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Ideal Fabricators, Inc., dated June 5, 1997, covering new industrial facilities to be located within City of Livonia Industrial Development District 67, 30385 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, September 15, 1997, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, September 15, 1997, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #655-97 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, September 29, 1997, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 97-6-1-8, submitted by the City Planning Commission, pursuant to Council Resolution 419-97, for a change of zoning of property located on the east side of Newburgh Road, south of Ann Arbor Trail, in the Northwest 1/4 of Section 32, from RUF to R-1, the City Planning Commission in its resolution 7-118-97 having recommended to the City Council that Petition 97-6-1-8 be approved, and (2) Petition 97-6-1-7, submitted by Mary Omar for a change of zoning of property located on the north side of Schoolcraft Road (1-96 Service Drive) between Newburgh Road and Richfield Avenue in the Southeast 1/4 of Section 19, from RUF to OS, the City Planning Commission in its resolution 7-117-97 having recommended to the City Council that Petition 97-6-1-7 be denied, 30386 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #656-97 RESOLVED, that the Council does hereby direct that the Department of Public Works - Engineering Division and the administration take all steps necessary to complete all work required to restore damaged properties in Sheffield Estates resulting from the Pines of Winfield Subdivision project and to authorize a civil action against the developer, Joseph P Durso, or his successor at the discretion of the Department of Law, to recover any outstanding costs as the result of the completion of such work. Del Sisler, 35380 Sheffield, the President of the Sheffield Estates Homeowners Association, thanked the Council for their support so far and stated he hoped their problems would be resolved soon On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #657-97 RESOLVED, that the Council does hereby request that the Department of Law and the Department of Public Works - Engineering Division provide the Council with an update regarding the status of the Pines of Winfield Subdivision project and the completion of work in Sheffield Estates Subdivision at each subsequent Study Meeting of the Council 30387 John Bros, 35368 Banbury, suggested that the parties involved (Joe Durso and the contractor) attend meetings so first-hand information could be obtained On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #658-97 RESOLVED, that having considered a request from Councilmember Michael P McGee, the Council does hereby refer the subject of ordinance procedures to ensure satisfactory completion of subdivisions, including Pines of Winfield, and to review the appropriate bond amounts to the administration and the Department of Law for their respective reports and recommendations On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was #659-97 RESOLVED, that having considered a request from Councilmember Taylor to rescind Council Resolution 602-92 approving the preliminary plat, Council Resolution 625-94 approving the one-year extension of the preliminary plat approval, and Council Resolution 565-96 granting an extension of the preliminary plat approval until January 22, 1997, for the Pines of Winfield Subdivision, to be located south of Seven Mile Road and east of Wayne Road in the Northwest 1/4 of Section 9, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation Communications from the Office of the Mayor, dated July 31, 1997, re Notice of Contract Termination with THB Building & Development Co , Inc., with respect to the Edgewood Sanitary Sewer Replacement Project (Contract 96-S) and the 1996 Water Main Crossing Replacement Program (Contract 96-N) were received and placed on file for the information of the Council The following individuals from the audience addressed the Edgewood Sanitary Sewer Replacement Project issue at this time 1) Mark Farone, 15619 Ellen Drive - indicated he would like to see this project completed within the next 30 days (this month marks its 6-month anniversary), 2) Fred Wheeler, 15643 Edgewood - stated the sewer and the street is in, all that remains is the homeowners' private property Wants quality repair of the damage to the homeowner; 30388 Mayor Kirksey also addressed this issue He apologized to the residents for the problems incurred and for their inconvenience, and indicated that this is an administrative problem and summarized for those present and for the viewing audience all the steps that have been taken thus far to bring a resolution to this unfortunate problem A communication from the Engineering Division, dated August 4, 1997, re current construction status of the Edgewood Sanitary Sewer Replacement Project was received and placed on file for the information of the Council 3) Bruce Cunningham, 15929 Ellen - questioned the way bids are awarded by the City (perhaps it is best not to go with the low bidder), 4) Norm Stevens, 35057 Roycroft - indicated he appreciated all the Mayor's efforts with respect to this problem, and stated there is a large pile of dirt on the corner of Edgewood and Ellen that is causing traffic problems, and 5) Mike Ferris, 15611 Edgewood - asked for clarification re the next step to be taken He also remarked about the pile of dirt at Edgewood and Ellen and noncompliance with the "Stop" sign at that intersection On a motion by Brosnan, seconded by McGee, and unanimously adopted, it was #660-97 RESOLVED, that the Council does hereby refer to the administration for the report and recommendation from the Department of Public Works - Engineering Division regarding the progress of the Edgewood Sanitary Sewer Replacement Project to be received at every subsequent Study Meeting of the Council Taylor gave first reading to the following Ordinance AN ORDINANCE ADDING SUBSECTIONS 17 AND 18 OF SECTION 2 02 AND ADDING SUBSECTION 10 OF SECTION 2 07 OF ARTICLE II AND ADDING SECTIONS 62, 63, 64 AND 65 OF SECTION 18 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 96-12-6-9) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: 30389 AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 12 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 97-4-1-4) 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 Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6 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 97-4-1-5) 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 A communication from the Planning Department, dated August 5, 1997, re updated information on the current office market as it relates to the City of Livonia was received and placed on file for the information of the Council Zora Johnson, 400 Renaissance Center, Detroit, representing the Tandy Corporation - spoke in opposition to the proposed rezoning by the Planning Commission of property located north of Seven Mile Road between Victor Parkway and the 1-275 Expressway in the Southeast 1/4 of Section 6 (Petition 97-4-1-5), and asked 30390 the Council to table this matter until the master plan for the use of this area under its current zoning was presented to them by the Tandy Corporation for their consideration Additionally, Bob Gutkowski, General Manager of Embassy Suites Hotel, 19525 Victor Parkway - spoke in favor of this proposed rezoning (Petition 97-4-1-5) Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 075 OF CHAPTER 36 (OPERATING VEHICLE WHILE UNDER INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE) OF TITLE 10 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 060 OF CHAPTER 16 (PLYMOUTH ROAD DEVELOPMENT AUTHORITY) OF TITLE 3 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 30391 Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 58 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 97-2-6-1) r A roll call vote was taken on the foregoing Ordinance with the following result. AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by McGee, it was #661-97 RESOLVED, that having considered the report and recommendation of the Livonia Cable Television Commission, dated July 11, 1997, approved by the Director of Community Resources and approved for submission by the Mayor, submitted pursuant to Council Resolution 404-97, and which transmits resolution 255-97 adopted by the Livonia Cable Television Commission which recommends authorizing negotiations between the City of Livonia and Ameritech New Media for the purpose of securing a cable television franchise with Ameritech New Media, the Council does hereby refer the subject of entering into negotiations for the possibility of additional cable television franchises with Ameritech New Media and other cable companies 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 Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS Feenstra The President declared the resolution adopted Tom Bjorklund, Vice President and Regional Manager of Time Warner, Inc., responded to a question re the sale of some of their franchises, and stated that only their Wayne and Dearborn offices are for sale 30392 On a motion by Taylor, seconded by Feenstra, it was #662-97 RESOLVED, that having considered a communication from the City Planning Commission, dated July 16, 1997, which transmits its resolution 7-116-97 adopted on July 15, 1997, with regard to Petition 96- 6-8-9 submitted by Lindhout Associates, requesting approval to revise all plans that were approved in connection with the construction of an office building on property located at 15130 Levan Road in the Northeast 1/4 of Section 20, the Council does hereby concur in the recommendation of the Planning Commission and the revisions to Petition 96-6-8-9 are hereby approved and granted, subject to the following conditions 1 That the Site Plan marked C-1, dated May 20, 1997, prepared by Lindhout Associates is hereby approved and shall be adhered to, 2 That the Landscape Plan marked L1, dated May 20, 1997, prepared by Lindhout Associates is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 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, 5 That the Exterior Building Elevation Plan marked A8, dated June 16, 1997, as revised, prepared by Lindhout Associates is hereby approved and shall be adhered to and the roof shall be metal for the sloped roof areas, 6 That the trash dumpster areas shall be relocated to the north/south property line and are to be enclosed on three sides with the same brick used in the construction of the principal building, and the wooden enclosure gates shall open toward the petitioner's property, and when not in use, shall be maintained and closed at all times, 7 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 feet in height; 8 That all lights in the north, east and south parking lots shall be extinguished at 9.30 p m or one-half hour after the closing, whichever comes first, and all lights in the west parking lot shall be extinguished at the owner's discretion, 30393 9 That the trash shall be picked up between the hours of 9 00 a m and 500pm , 10 That the protective walls along the entire east and south property lines and 60 feet along the north property line at the east end shall be constructed out of brick to match the building, and there shall be no plant material required on the east and south property lines subject, however, to approval of a new landscape plan by the Planning Department which shall be compatible with the brick wall, and 11 That this approval shall supersede the approval as set forth in Planning Commission Resolution #7-142-96 and Council Resolution 836-96 The following individuals from the audience addressed this matter 1) Edith Biegas, 15043 Woodside - her most important concern was to have the 6' protective wall in place, 2) Robert Biegas, 15043 Woodside - indicated his support of the proposed resolution, 3) Marilyn Marcrum, 15001 Woodside - in support of the 6' protective wall and the issue of the parking lights, and 4) Frank Pierron, President of Lindhout Associates - addressed the issue of plantings in the greenbelt area. The President relinquished the Chair to the Vice President at 1004 p m so he could speak to this issue The President resumed the Chair at 1005 p m A roll call vote was then taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS None The President declared the resolution adopted On a motion by Feenstra, seconded by Duggan, it was #663-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 21, 1997, which is approved for submission by the Mayor, the Council does hereby authorize the Department of Law to stipulate to the entry of the attached Consent Judgment in Wayne County Circuit Court Case No 97-704696NZ with respect to certain property located on the north side of Seven Mile Road 30394 east of Victor Parkway; and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Feenstra, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS Brosnan The President declared the resolution adopted Paul St. Henry, 37500 Seven Mile Road - asked for clarification on the foregoing matter with respect to the proposed use for the east portion of the property On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #664-97 RESOLVED, that having considered a communication from the Assistant Personnel Director, dated July 18, 1997, 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 July 17, 1997, wherein the Commission recommends an amendment to the Classification of Positions Plan with the establishment of the classification of Public Relations Specialist, with the following salary schedule BIWEEKLY ANNUAL STEP 1 $1,612 00 $41,912 00 STEP 1 5 1,643 20 42,723 20 STEP 2 1,674 32 43,534 34 STEP 3 1,740 80 45,260 80 STEP 4 1,806 40 46,966 40 STEP 5 1,878 40 48,838 40 the same benefits (i e , longevity, vacation credit, sick leave, dental, optical, medical benefits, etc ) as extended to other full-time classified Civil Service employees shall be afforded this position, the Council does hereby concur in and approve of the aforesaid action, except that such positions shall be limited to two (2) positions and shall be designated as Technical Specialist. On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was 30395 #665-97 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Crucam, Inc./Kev, Inc., dated May 28, 1997, covering new industrial facilities to be located at 38099 Schoolcraft within City of Livonia Industrial Development District No 55, 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 Crucam, Inc./Kev, Inc., 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 , Wednesday, July 23, 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, Crucam, Inc./Kev, Inc , 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 Crucam, Inc./Kev, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 55 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 30396 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #666-97 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Crucam, Inc./Kev, Inc., dated May 28, 1997, covering new industrial facilities to be located at 11844 Hubbard Road within City of Livonia Industrial Development District No 66, 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 Crucam, Inc./Kev, Inc., 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 , Wednesday, July 23, 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, Crucam, Inc./Kev, Inc., 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 Crucam, Inc./Kev, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 66 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 30397 required to process applications for industrial facility exemption certificates On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #667-97 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Progress Pattern, dated May 28, 1997, covering new industrial facilities to be located within City of Livonia Industrial Development District No 65, 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 Progress Pattern, 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 , Wednesday, July 23, 1997, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan ic errâ–º 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, Progress Pattern, 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 Progress Pattern covering new industrial facilities to be located within the City of Livonia Industrial Development District No 65 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 30398 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 On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #668-97 RESOLVED, that having considered a letter from the City Assessor, dated July 24, 1997, wherein it is requested that Council Resolution 617-97 be amended to reflect the combination and lot split of Parcel Numbers 46 045 03 0043 001 and 46 045 03 0045 000 into three (3) parcels, the Council does hereby amend and revise Council Resolution 617-97 so as to have the same read as follows RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated July 16, 1997, submitted pursuant to Council Resolution 410-97, and a communication from the City Assessor, dated April 10, 1997, approved for submission by the Mayor, with regard to a request from Mr Brian Peters, 30439 Ledgecliff, Westland, MI 48185, 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 46 045 03 0043 001 and 46 045 03 0045 000 into three (3) parcels, the legal descriptions of which shall read as follows PARCEL 1. Lot 45 and the North half of Lot 44 Dohany Subdivision, T 1 S , R. 9 E , L64, P95, WCR. PARCEL 2. Lot 43 and the South half of Lot 44 Dohany Subdivision, T 1 S , R. 9 E , L64, P95, WCR. PARCEL 3. Lot 82 Dohany Subdivision, T 1 S , R. 9 E , L64, P95, WCR. 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 to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals 30399 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #669-97 RESOLVED, that having considered an application from Connie Myler, 16899 Westbrook, dated July 15, 1997, requesting permission to close Westbrook between Whitcomb and Mallory Court on Saturday, August 23, 1997, from 1 00 p m to 6 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 6, 1997, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #670-97 RESOLVED, that having considered an application from Stacy Anderson, Laura Rozek and Julie Sager, 16156 Swathmore, dated July 30, 1997, requesting permission to close Swathmore Court North at Swathmore on Saturday, August 23, 1997, from 2 00 p m to 1000 p m 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. On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #671-97 RESOLVED, that having considered a communication from Council President Joe Laura, dated August 1, 1997, to which is attached a contract between the City of Livonia and MAT Court Recording & Court Services, the Council does hereby approve the six-month contract in the manner and form herein submitted between the City of Livonia and MAT Court Recording & Court Services, 6225 Ardmore Park Circle, Dearborn Heights, Michigan 48127, to provide recording and transcription services for the City of Livonia Zoning Board of Appeals meetings for a six-month period commencing August 5, 1997, at the rate of $15 00 per hour for recording the Zoning Board of Appeals meetings and $1 75 per page for the transcription of the meeting minutes, FURTHER, the Council does hereby determine to authorize a budget amendment transferring the sum of $8,000 00 from Account No 101-815-702-000 (Salaries and Wages) to Account No 101-815-818-000 (Contractual Services) for this purpose, 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 30400 On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #672-97 RESOLVED, that having considered a communication from the Chief of Police, dated July 21, 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 cash donations in the amount of $41,191 52 from the contributors set forth in the attachment, the same to be deposited in and credited to Account #702-000-285-211 for use in the D.A.R.E Program On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #673-97 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 Taylor, seconded by McGee, and unanimously adopted, it was. #674-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works - Engineering Division, dated July 30, 1997, approved for submission by the Mayor, the Council does hereby amend item no 7 of Council Resolution 784-96, adopted on August 26, 1996, and subsequently amended by Council Resolution 286- 97, adopted on April 16, 1997, so as to reduce the financial assurances now on deposit with the City for general improvements in Camborne Stark School Subdivision located in the Northwest 1/4 of Section 33 to $16,340 00, of which at least $5,000 00 shall be in cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances (including the Sidewalk Improvement Bond) 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 No one wished to speak during the audience communication portion of the meeting 30401 Council Vice President Brosnan conveyed a "Happy Birthday" wish to her sister, Debbie, and also congratulated her sister, Donna, on her recent marriage to Livonia resident Patrick McGow Councilmember Taylor announced the availability of tickets for the August 20, 1997, "Hearts of Livonia" Golf Outing, and indicated "Hearts" was celebrating its 20th anniversary this year On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,350th Regular Meeting of the Council of the City of Livonia was adjourned at 1039 pm , August 11, 1997 :1A I , Joan M. o tzr, City C erk 47;