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HomeMy WebLinkAboutCOUNCIL MINUTES 1997-06-11 30269 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FORTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 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 01 p m Councilmember Vandersloot delivered the invocation Roll was called with the following result: Val Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, and Joe Laura. Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Robert J Beckley, Director of Public Works, Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk, Michael T Slater, Director of Finance, Linda McCann, Director of Community Resources, Jeanne Treff, Cable Television Director; David Woodcox, Senior Building Inspector; and Karen Kapchonick, Assistant Superintendent of Parks and Recreation On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #488-97 RESOLVED, that the minutes of the 1,345th Regular Meeting of the Council of the City of Livonia, held May 28, 1997, are hereby approved as submitted A communication from the Assistant Personnel Director, dated May 28, 1997, re forwarding a resolution adopted by the Board of Trustees of the Livonia Employees Retirement System declining compensation for meeting attendance or service to the Livonia Employees Retirement System was received and placed on file for the information of the Council (CR 107-97) 30270 Councilmember McGee presented a Certificate of Commendation to Jeffrey A. Petrul, extending appreciation on behalf of the community for his service on the Zoning Board of Appeals from September 24, 1996 until April 29, 1997 The following individuals spoke during the audience communication portion of the meeting 1) George Boller, 36270 Hammer - complained about the poor maintenance of the major intersections in the City with regard to debris He also indicated his displeasure at having a symbol instead of words on a "no left turn" sign at the intersection of Six Mile and Newburgh Roads, 2) John Bros, 35368 Banbury - stated he was encouraged by the progress being made with regard to the Pines of Winfield Subdivision He also spoke to the possibility of electronic transfers for water bills, 3) Tom Austin, 36082 Hees - indicated his dislike of the negative comments George Boller made regarding the City of Detroit; and 4) Jeff Kozlow, 32184 Camborne Lane - remarked that SPREE was now charging $3/car to park at Ford Field, thought SPREE was getting too expensive Mayor Kirksey notified those in attendance and in the viewing audience that a "Town Hall Meeting" on roads was scheduled for Thursday, June 12, 1997, and that next year he hoped to have at least 10 major roads under reconstruction A communication from the Department of Finance, dated May 20, 1997, re forwarding various financial statements of the City of Livonia for the month ending April 30, 1997, was received and placed on file for the information of the Council At the direction of the Chair, Item #2 was removed from the Consent portion of the Agenda. On a motion by Taylor, seconded by Duggan, it was #489-97 RESOLVED, that having considered a letter dated May 29, 1997, from the President of the Livonia Anniversary Committee, Inc., wherein it is requested that Council Resolution 6-97 be amended to authorize the issuance of a permit for a special fifteen minutes daytime fireworks display to be held at Veterans' Park on Saturday, June 28, 1997, at 6 15 p m , the Council does hereby amend and revise Council Resolution 6-97 so as to have the same read as follows 30271 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc., dated December 12, 1996, 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 '47' Celebration, on June 24, 25, and 26, 1997, from 2 00 p m to midnight and on June 27, 28 and 29, 1997, 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 24-29, 1997, at Ford Field, 3 Authorization of the Anniversary Committee to conduct fireworks displays at Veterans' Park to be held on Saturday, June 28, 1997, at 6 15 p m and Sunday, June 29, 1997, at 10.00 p m , which displays 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 facility at Henry Ford Field, Veterans' Park and the Eddie Edgar Arena during the period of the SPREE '47' 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 fees for community organizations and/or groups authorized to participate in SPREE '47' 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 #490-97 RESOLVED, that having considered an application from Terry Lambert, 33051 Perth, dated May 19, 1997, requesting permission to close Perth between Westmore and Loveland on Saturday, July 12, 1997, from 1 00 p m to 9.00 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, July 19, 1997, 30272 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #491-97 RESOLVED, that having considered an application from Charles and Celeste Wallin, 36959 Clarita, dated May 21, 1997, requesting permission to close Margareta, west of Dardanella and east of Clarita, on Saturday, August 23, 1997, from 4 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 Sunday, August 24, 1997, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #492-97 RESOLVED, that having considered a letter from William and Joyce Koch, 18335 Irving, received in the Office of the City Clerk on May 15, 1997, requesting to remove sidewalks from their property, the Council does hereby refer this item and the subject of sidewalks in the surrounding area to the Department of Public Works - Engineering Division for a report and recommendation #493-97 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated May 16, 1997, approved for submission by the Mayor, and to which is attached an amendment to the Annual Contributions Contract (ACC) which extends the terms of the contract for Project No MI055V0006 for one year to May 31, 1998, the Council does hereby approve the amendment and extension of the Annual Contributions Contract and does hereby authorize the Executive Director of the Housing Commission to execute the same in the manner and form herein submitted #494-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 12, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Burke Equipment Company, 36000 Mound Road, Sterling Heights, Michigan 48311, for supplying the Public Service Division (Road Maintenance Section) with three (3) trailer-mounted leaf collectors for a net price of$49,715 00, based on a total price of $52,215 00 less trade- ins of$2,500 00, the same having been in fact the lowest bid received which meets all specifications, and the bid of Bell Equipment Company is hereby rejected for the reasons indicated in the attachment. #495-97 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 19, 1997, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed amendment to the sub-contract agreement between the City of Livonia and Growth Works, Inc. previously authorized by Council 30273 Resolution 586-96, which amendment would extend the agreement through September 30, 1997, and provide that the County of Wayne will reimburse the City of Livonia for Youth Assistance Program costs (including a youth employment program) up to a maximum of $31,467 00, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said amendment in the manner and form herein submitted, subject to approval as to form by the Department of Law A communication from the Division on Police, dated May 13, 1997, re administrative response to CR 819-96 - deployment of patrol cars into neighborhoods - was received and placed on file for the information of the Council #496-97 RESOLVED, that having considered a communication from the Mayor, dated May 20, 1997, wherein he has requested approval of the reappointment of Kenneth Hale, 31950 Cambridge, Livonia, Michigan 48154, to the Economic Development Corporation of the City of Livonia Board of Directors for a six-year term expiring June 7, 2003, the Council does hereby confirm and approve such reappointment. #497-97 RESOLVED, that having considered a communication from the Mayor, dated May 20, 1997, wherein he has requested approval of the reappointment of Richard Hayward, 17159 Loveland, Livonia, Michigan 48152, to the Economic Development Corporation of the City of Livonia Board of Directors for a six-year term expiring June 7, 2003, the Council does hereby confirm and approve such reappointment. #498-97 RESOLVED, that having considered a communication from the Mayor, dated May 20, 1997, wherein he has requested approval of the reappointment of Charlotte Mahoney, 18633 Williams Ct., Livonia, Michigan 48152, to the Economic Development Corporation of the City of Livonia Board of Directors for a six-year term expiring June 7, 2003, the Council does hereby confirm and approve such reappointment. #499-97 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 14, 1997, approved for submission by the Mayor, to which is attached a proposed Administrative Services Contract Renewal Agreement with Blue Cross and Blue Shield of Michigan for a one-year renewal term for the period June 1, 1997, through May 31, 1998, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement 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, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended 30274 A communication from the Department of Law, dated May 21, 1997, re administrative response to CR 317-97 - Senate Bill 211 to permit specially-designated merchant liquor licensees to sell gasoline on the premises statewide -was received and placed on file for the information of the Council #500-97 WHEREAS, the City of Livonia has taken an active role in the effort to prevent the fatalities, injuries, and property damage associated with drunk driving; and WHEREAS, Michigan Senate Bill 211 (hereafter "SB 211") would lift the current restrictions on the sale of alcoholic beverages from gasoline service stations in the City of Livonia, and WHEREAS, the restrictions on such sales in the City of Livonia and other similarly situated cities have served the public well by eliminating one occasion for, and source of temptation toward, drunk driving; and WHEREAS, the lifting of such restrictions would almost certainly result in an increase in the incidence of drunk driving in Livonia and elsewhere in the State, with an attendant increase in danger to the general public; and WHEREAS, SB 211 does not appear to offer the people of Livonia, or of the State of Michigan generally, any benefit which would outweigh the threat it poses to public health and safety; and WHEREAS, it is deemed to be essential that the elected representatives of the people of Livonia make themselves heard on pending legislation which poses such a manifest danger to the public; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia opposes the adoption of SB 211 or any other bill having a similar effect; and BE IT FURTHER RESOLVED, that the Michigan legislature is hereby respectfully requested to take no action which would permit sales of alcoholic beverages at gasoline service stations in Livonia or other communities to the extent such sales are currently restricted or prohibited; and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Engler, State Senator R. Robert Geake, State Representative Lyn Bankes, State Representative Gerald Law, State Representative Deborah Whyman, the Michigan Municipal League State and Federal Affairs Division, and the Conference of Western Wayne 30275 #501-97 RESOLVED, THAT WHEREAS, under the provision of Title I of the Housing and Community Development Act of 1987, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 1997 entitlement funds under the Community Development Act of 1987, the City of Livonia must submit a one-year Action Plan, satisfactory assurances that the Plan will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of the Action Plan, it has (a) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (b) held at least two public hearings to obtain the views of citizens on housing and homeless needs, strategies and a short-term Action Plan to meet those needs, and (c) provided citizens an adequate opportunity (at least thirty (30) days) to examine the content of and to submit comments on the Action Plan, NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia that the Action Plan, including the Fiscal Year 1997 Community Development Block Grant Program, is hereby approved and shall be submitted to the Department of Housing and Urban Development. #502-97 RESOLVED, that having considered a communication from the City Planning Commission, dated May 21, 1997, which transmits its resolution 5-84-97, adopted on May 13, 1997, with regard to a Sign Permit Application, submitted by Acme Architectural, on behalf of the Dry Cleaning Station, requesting approval to erect a wall sign for the building located at 19244 Newburgh Road in the Southwest 1/4 of Section 5, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following conditions 1 That the Sign Package submitted by Acme Architectural, as received by the Planning Commission on April 29, 1997, is hereby approved and shall be adhered to, and 30276 2 That the signage shall not be illuminated beyond one hour after closing #503-97 RESOLVED, that having considered a communication from the City Planning Commission, dated May 21, 1997, submitted pursuant to Council Resolution 177-97, which transmits its resolution 5-77-97 adopted on May 13, 1997, with regard to Petition 97-2-3-1, submitted by Resources Supervisory Management Corp , requesting to vacate an existing 20' wide water main easement across the Livonia Plaza property located on the south side of Five Mile Road between Bainbridge and Henry Ruff in the Northwest 1/4 of Section 23, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 97-2-3-1, subject to the recording of substitute grants of easement, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. #504-97 RESOLVED, that having considered a communication from the City Planning Commission, dated May 21, 1997, which transmits its resolution 5-82-97 adopted on May 13, 1997, with regard to Petition 97-2- 8-5 submitted by Livonia Buick-Isuzu, requesting to revise the building elevations and the landscaping of the auto dealership located at 30500 Plymouth Road in the Southwest 1/4 of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and Petition 97-2-8-5 is hereby approved and granted, subject to the following conditions- 1 That the Exterior Building Elevation Plan marked Sheet 3 dated March 21, 1997, prepared by Infrastructure Incorporated, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet CO1 dated April 25, 1997, prepared by THA Architects Engineers, is hereby approved and shall be adhered to, 3 That the Irrigation Plan marked Sheet 2 dated January 22, 1997, prepared by THA Architects Engineers, is hereby approved and shall be adhered to, 4 That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That all disturbed lawn areas shall be sodded in lieu of hydroseed, and 6 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 feet in height. 30277 #505-97 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1997, which transmits its resolution 4-74-97 adopted on April 29, 1997, with regard to Petition 97-3- 8-6 submitted by Farouk Harajli, on behalf of Mobil, requesting site plan approval in connection with a proposal to construct an addition to the gas station located at 17111 Farmington Road in the Southeast 1/4 of Section 9, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 97-3-8-6 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet CE-1 dated April 15, 1997, as revised, prepared by Building Design Associates, Inc., is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked Sheet A-2 dated April 15, 1997, as revised, prepared by Building Design Associates, Inc., is hereby approved and shall be adhered to, 3 That the petitioner shall meet to the satisfaction of the Inspection Department the following requirements outlined in the correspondence from the Sr Building Inspector dated April 1, 1997 - That the existing parking spaces shall be re-striped; and - That all light standards shall face into the property and shielded from the adjacent properties; 4 That the fence on top of the building shall be removed as agreed to by the petitioner; and 5 That an underground sprinkler system shall be installed. #506-97 RESOLVED, that the Council does hereby amend and revise Council Resolution 344-97 so as to have the same read as follows WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 392 for a proposed street improvement consisting of approximately 4" of asphalt over the existing roadway (Alternate IV) on Laurel Road, Curtis Avenue to Seven Mile Road, located in the Northwest 1/4 of Section 9 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, April 14, 1997, at 7 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City 30278 Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 392, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated February 4, 1997, in the amount of $95,029 07, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No 392 is hereby approved and confirmed in all respects, effective April 30, 1997, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from December 1, 1997 Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1, 1998, and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole 30279 or any part of the assessment without interest or penalty up to December 1, 1997, (5) The first installment shall be spread upon the 1998 City tax roil in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1, 1997, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08 220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay 15% of the paving costs ($16,769 84) and 100% of drainage costs ($25,300 00) for a total amount of$42,069 84 L #507-97 WHEREAS, pursuant to the direction of the City Council in its resolution 346-97, adopted on April 30, 1997, and in accordance with Section 3 08 140 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 16, 1997, an assessment roll dated May 16, 1997, for the proposed improvement consisting of installation of 100- watt high pressure sodium lights on davitt poles with underground wiring on Stark Road and Lyndon Avenue in the East 1/2 of Section 12 containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 346-97; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will 1160 meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, August 13, 1997, at 7 00 p m to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, 30280 IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of August 13, 1997, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office #508-97 WHEREAS, the City of Livonia has received a request from J P Investments, dated May 30, 1997, and a subsequent communication dated June 4, 1997, proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 (255) of the Public Acts of 1974 (1978), as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia; and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 1 88 acres lying in the Northwest 1/4 of Section 26 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 67"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 67 2. This City Council sets Wednesday, July 16, 1997, at 7 00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above #509-97 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 30281 38099 Schoolcraft within City of Livonia Industrial Development District It 55, 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 Wednesday, July 23, 1997, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, July 23, 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 #510-97 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 within City of Livonia Industrial Development District 66, 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 Wednesday, July 23, 1997, at 7 00 p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 30282 3 The Council hereby sets Wednesday, July 23, 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 #511-97 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 65, 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 Wednesday, July 23, 1997, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, July 23, 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 #512-97 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Hy-Form Products, Inc., dated May 15, 1997, covering new industrial facilities to be located within City of Livonia Industrial Development District 9; 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 30283 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 Wednesday, July 16, 1997, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, July 16, 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 #513-97 RESOLVED, that having considered a communication from Dickinson, Wright, Moon, VanDusen & Freeman, on behalf of Kmart Corporation, dated May 30, 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 May 20, 1997, by the City Planning Commission in its resolution 5-88-97 with regard to Petition 97- 3-2-9 submitted by Kmart Corporation requesting waiver use approval to utilize an SDM license in conjunction with an existing store located on the north side of Seven Mile Road between Farmington Road and Norwich Avenue in the Southeast 1/4 of Section 4, which property is zoned C-2, the Council does hereby designate Wednesday, August 13, 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura. NAYS None On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #514-97 RESOLVED, that having considered a request from Councilmember Brian Duggan concerning the status of a promotional semi-trailer parked in front of Brose Electric at the corner of Seven Mile and Newburgh, the Council does hereby determine to take no further action with respect to this matter 30284 Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 100 OF TITLE 9, CHAPTER 56 (MALICIOUS MISCHIEF) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein 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 011 OF TITLE 10, CHAPTER 36 (OPERATING VEHICLE WHILE UNDER INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 15, CHAPTER 04 (BUILDING CODES) AND SECTIONS 030, 160 AND 165 OF TITLE 15, CHAPTER 32 (PROPERTY MAINTENANCE CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTIONS 010, 020 AND 030 OF TITLE 5, CHAPTER 36 (GASOLINE SERVICE STATIONS AND TOWING OPERATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 30285 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 The following individuals from the audience spoke in opposition to this proposed ordinance 1) Barry Foreman, business owner on Grand River (27500), 2) Colleen Densick, representing Concerned Citizens of Michigan, P 0 Box 536, Dearborn Heights; 3) Murray Foreman, business owner on Grand River (27500), and 4) Daniel Gertman, resident of Southfield. Jim Haverstick, Haverstick Towing, 1014 Dowling, Westland - spoke to perceived problems with paperwork required when towing vehicles in the City of Livonia. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. #515-97 RESOLVED, that the Council does hereby refer to the administration for a report and recommendation from the Division of Police the subject matter of towing procedures Donald Leese, Donald Leese Towing, a Livonia resident - also voiced concerns about this matter Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 190 OF TITLE 10, CHAPTER 48 (STOPPING, STANDING, PARKING AND LOADING) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting. Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 170 OF TITLE 5, CHAPTER 03 (GENERAL LICENSING PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 30286 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #516-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 19, 1997, approved for submission by the Mayor, regarding the license fees and a proposed amendment to Section 170 of Title 5, Chapter 03 (General Licensing Procedure), submitted pursuant to Council Resolutions 1127- 96, 741-96, 601-95, and 428-95, the Council does hereby refer this matter to the administration for its report and recommendation Taylor 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 96-11-1-24) 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 32 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 97-1-1-1) 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 30287 Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 010 AND 020 OF CHAPTER 87 (TOY VEHICLES) OF TITLE 10 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 31 03 OF ARTICLE XXXI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 96-11-6-8) 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 took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 8 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 96-11-1-25) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 30288 Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 5 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 96-11-1-26) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was. #517-97 RESOLVED, that the Council requests that, in accordance with Council Resolution 300-88, the property located on the north side of Seven Mile Road immediately west of and adjacent to Glenda's Farm Market in the South 1/2 of Section 5, described as That part of the South 1/2 of Section 5, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N 0°14'0" East, 60 feet and N 89°14'30" West, 43 feet from the South 1/4 corner of Section 5, proceeding thence N 0°14'0" East, 336 feet; thence South 89°14'30" East, 208 feet; thence South 0°14'0" West, 336 feet, thence N 89°14'30" West, 208 feet to the point of beginning (Part of 020-99-0002-000 and 019-99-0023-001), be posted with a "For Sale" sign for 30 days prior to taking bids, and that the Director of Finance prepare specifications and obtain competitive bids with respect to the proposed sale of this City property, accompanied by a deposit in the form of a money order or certified check which is equal to five percent of the bid price or $500 00, whichever is greater, and in the event of a default, the deposit is subject to forfeiture or liquidated damages, and all competitive bids shall thereafter be submitted to the Council for consideration 30289 From the audience, Sam Baki addressed the foregoing matter Duggan left the podium at 9.13 p m due to a conflict of interest on the next matter Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 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 96-12-1-28) The following individuals from the audience spoke in opposition to this matter: 1) Bill Craig, 20050 Milbum 2) Frances Edington, 20139 Milbum 3) Robert Kuznia, 30944 Fargo 4) Sherri McClain, 20073 Sunset 5) Scott McClain, 20073 Sunset 6) Kathy Carzon, 31034 Fargo 7) Shirley Miller, 20150 Sunset 8) Anna Roth, 20196 Sunset 9) Mark Pover, 19936 Sunset 10) Matt Boettcher, 20030 Milburn 11) Tim Hughes, 20067 Milburn The petitioner, Leo Soave, also addressed this matter A roll call vote was then taken on the foregoing Ordinance with the following result: AYES. McGee, Taylor, Feenstra, Brosnan, and Laura. NAYS Vandersloot. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Duggan returned to the podium at 9.37 p m On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was 30290 #518-97 RESOLVED, that the Council hereby refers to the City Planning Commission for a public hearing and possible amendment of the City's Master Plan and the Zoning Ordinance the matter of eliminating the RUF classification and establishing special residential districts which have as their objective the preservation and protection of existing low- density residential areas of predominantly rural character, comprised wholly or substantially of lots of one-half acre and greater in size, so as to maintain the long-term availability of such residential areas in the City as an important portion of the City's housing stock, and the Council does hereby find and determine that the preservation of such areas and the establishment of such special districts is in the best interests of the health and welfare of the City and its residents On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #519-97 RESOLVED, that having considered a communication from the City Assessor, dated May 7, 1997, approved for submission by the Mayor, with regard to a request from Mr Raymond Slepski, 9815 Sil, Taylor, Michigan 48180, 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 46 129 01 0092 002, 46 129 02 0001 000 and 46 129 02 0006 000, into three (3) parcels, the legal descriptions of which shall read as follows PARCEL A. Lot 1, Richland Estates Subdivision, L83 P24, Wayne County Records, T 1 S , R. 9 E , also the west 60 ft. of the east 420 ft. of Lot 92, Supervisor's Livonia Plat No 2, T 1 S , R. 9 E , L66 P1, Wayne County Records PARCEL B. The west 240 ft. of the east 360 ft. of Lot 92, Supervisor's Livonia Plat No 2, T 1 S , R. 9 E , L66 P1, Wayne County Records PARCEL C. Lot 6, Richland Estates Subdivision, T 1 S , R. 9 E , L83 P24, Wayne County Records, also the east 120 ft. of Lot 92, Supervisor's Livonia Plat No 2, T 1 S , R. 9 E , L66 P1, Wayne County Records 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 30291 extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals On a motion by Taylor, seconded by Duggan, it was #520-97 RESOLVED, that having considered the report and recommendation of the Mayor, dated May 20, 1997, the Council does hereby approve the 1995-1998 wage rate schedule for the Director of Finance, effective December 1, 1996, as follows INCREASE 3% 6% 1% 6% 1995-96 1996-97 03/01/97 1997-98 STEP 1 60,070 40 63,668 80 64,313 60 68,182 40 STEP 1 5 61,276 80 64,958 40 65,603 20 69,534 40 STEP 2 62,441 60 66,185 60 66,851 20 70,865 60 STEP 3 64,937 60 68,827 20 69,513 60 73,694 40 STEP 4 67,600 00 71,656 00 72,363 20 76,710 40 STEP 5 70,262 40 74,484 80 75,233 60 79,747 20 FURTHER, the Council does hereby approve the 1995-1998 wage rate schedule for the Director of Public Works, effective February 1, 1997, as follows INCREASE 3% 6% 1% 6% 1995-96 1996-97 03/01/97 1997-98 70,262 40 74,484 80 75,233 60 79,747 20 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 these positions A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Brosnan, and Laura NAYS Feenstra. The President declared the resolution adopted On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #521-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 13, 1997, approved by the Superintendent of Parks and Recreation and the 30292 Director of Finance, and approved for submission by the Mayor, to which is attached a proposed addendum to the agreement for concession stands at Eddie Edgar Arena and Ford Field between the City of Livonia and Livonia Concession Services, Inc., the Council does hereby authorize the Mayor and City Clerk to execute the addendum, for and on behalf of the City of Livonia, in the manner and form herein submitted, and to do all other things necessary or incidental to the full performance of this resolution On a motion by Brosnan, seconded by Taylor, it was #522-97 RESOLVED, that having considered a communication from the City Planning Commission, dated May 21, 1997, which transmits its resolution 5-81-97 adopted on May 13, 1997, with regard to Petition 97-4- 8-10 submitted by Auto Zone Inc., requesting site plan approval in connection with a proposal to construct a commercial building on the property located at 29100 Plymouth Road in the Southwest 1/4 of Section 25, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Brosnan, and Laura. NAYS Feenstra. The President declared the resolution adopted On a motion by Feenstra, seconded by Brosnan, it was #523-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 2, 1997, approved for submission by the Mayor, submitted pursuant to Council Resolution 400-97, to which is attached a proposed amended Concession Agreement between the City of Livonia and Moutafis, Inc., 34887 Bunker Hill, Farmington Hills, Michigan 48018 (Whispering Willows Golf Course), the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said amended Concession Agreement, as well as to do all other 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 McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura NAYS Vandersloot. 30293 The President declared the resolution adopted On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #524-97 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. A communication from the Livonia Housing Commission, dated May 27, 1997, re HUD Section 8 Contract Renewals (Ziegler Place and Trinity Park) was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #525-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 3, 1997, submitted pursuant to Council Resolution 372-97, and a communication from the Department of Law, dated April 14, 1997, approved by the Housing Director and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire the property located at 11981 Newburgh Road, owned by Lawrence and Joanne Desjarlais, which land is more particularly described as follows Lot 504, Supervisor's Livonia Plat No 9, part of the Southeast 1/4 of Section 30, T 1 S , R. 9 E , City of Livonia, County of Wayne, State of Michigan subject to the following conditions 1 That the purchase price shall be in the sum of $120,000 00, plus an estate for years, 2 That the City of Livonia shall pay for the cost of title work and any closing costs in the sum not to exceed $2,000 00, and 3 That the City's portion of the prorated City, County, County Drain, School and Community College taxes and assessments shall be in a sum not to exceed $2,000 00 4 That in the event the City proceeds with the Newburgh Village Expansion Project, then the sellers shall have the 30294 right to purchase the buildings situated on the site for salvage value and move them off the site, with no guarantee that the City will approve permits for such a building relocation imp BE IT FURTHER RESOLVED, that a sum not to exceed $124,000 00 is hereby authorized to be expended from the following sources an appropriation in the amount of$76,840 00 from the Unexpended General Fund Balance to be transferred to Account No 101-267-972-000 (Land Purchase Account) and $47,160 00 that remains in Account No 401-000- 972-293 from the appropriation authorized in Council Resolution 598-96, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #526-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 3, 1997, submitted pursuant to Council Resolution 278-97, and the report and recommendation of the Inspection Department, dated March 10, 1997, approved for submission by the Mayor, submitted pursuant to Council Resolution 127-97, concerning the outdoor storage chest and soda machine at the Amoco Station located at 39350 Six Mile Road, the Council does hereby determine to take no further action with respect to this matter On a motion by Feenstra, seconded by Brosnan, it was #527-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 3, 1997, submitted pursuant to Council Resolution 279-97, and a communication from the Inspection Department, dated March 19, 1997, approved for submission by the Mayor, with regard to the sign at Village Green Florist, 33239 Eight Mile Road, the Council does hereby determine to take no further action with respect to this matter A roll call vote was taken on the foregoing resolution with the following result. AYES Vandersloot, Taylor, Duggan, Feenstra, Brosnan, and Laura NAYS McGee The President declared the resolution adopted 30295 A communication from the Mayor, dated May 28, 1997, re forwarding tip background material for the Committee of the Whole Meeting of June 3, 1997, pertaining to Time Warner Cable issues was received and placed on file for the information of the Council (CR 309-97) A communication from Rice, Williams Associates, dated October 10, 1996, re "Consumer Market Survey of Cable Subscribers for the City of Livonia, Michigan" was received and placed on file for the information of the Council A communication from Rice, Williams Associates, dated December 16, 1996, re "Community Needs Assessment for the City of Livonia, Michigan" was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #528-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 3, 1997, submitted pursuant to Council Resolution 309-97, and the report and recommendation of the Mayor, dated March 26, 1997, requesting an informational meeting with the Council regarding Time Warner cable issues and a timetable and plan of action for renewal of the cable television franchise, and which transmits resolution 253-97 adopted by the Livonia Cable Television Commission, the Council does hereby concur in the recommendation of the Livonia Cable Television Commission and does hereby authorize the following actions 1 Immediate initiation of negotiations by the administration with Time Warner regarding the use of three access channels for commercial programming, the results of such negotiations to be submitted to Council for approval in the form of a memorandum of understanding added to the existing franchise within three months 2 Retaining Rice, Williams Associates, 601 Pennsylvania Avenue, N W , Suite 900, Washington, D C 20004, for conducting a technical audit of the cable television system which shall include an evaluation of cable franchise and access for subscriber international network as well as status and life expectancy of access equipment, with such audit to be completed by September, 1997 30296 3 Retaining Mr John Pestle of the law firm, Varnum, Riddering, Schmidt and Howlett, LLP, Bridgewater Place, P 0 Box 352, Grand Rapids, Michigan 49501-0352, to prepare a preliminary draft of the cable television ordinance which draft would include minimum bid requirements of the franchisee and incorporate community needs as identified in the community needs assessment report prepared by Rice, Williams Associates and to be completed by November, 1997 4 The establishment of the negotiating team for the City for renewal negotiations with Time Warner using the draft cable television ordinance as a foundation for discussion, which negotiating team shall consist of Mr John Pestle from Varnum, Riddering, Schmidt and Howlett, a representative from Rice, Williams Associates, a representative from the Department of Law, a representative from the City Council, a representative from the Livonia Cable Television Commission, and the Mayor, and with the understanding that the negotiations shall commence in the Fiscal Year 1997-98 with the new franchise to be signed by June, 1998 FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $50,000 00 ($20,000 00 for the work to be completed by Rice, Williams Associates and $30,000 00 to Varnum, Riddering, Schmidt and Howlett, LLP, for the preparation of the ordinance and negotiations with Time Warner Cable) from funds already budgeted for this purpose in Account No 297-751-818-005, subject to reimbursement by Time Warner of 100% of the amount paid to Rice, Williams Associates by the City pursuant to Section 5-1807(b) of the Cable Television Franchise Ordinance, and reimbursement by Time Warner of 50% of the amount paid to Varnum, Riddering, Schmidt and Howlett, LLP, by the City pursuant to Section 5-1805(f)(2) of the Cable Television Franchise Ordinance, FURTHER, the Council does hereby authorize retaining such firms 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 140D2 and 4 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute any necessary contracts, for and on behalf of the City of Livonia, with the aforesaid firms and to do all other things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #529-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 3, 1997, submitted pursuant to Council Resolution 309-97, and the report and 30297 recommendation of the Mayor, dated March 26, 1997, requesting an informational meeting with the Council regarding Time Warner cable issues and a timetable and plan of action for renewal of the cable television franchise, and which transmits resolution 253-97 adopted by the Livonia Cable Television Commission which sets forth a proposed plan of action relative to renewal of the Time Warner Cable Television Franchise, the Council does hereby request that the administration enter into negotiations with Time Warner regarding the proposed discontinuance of the loan of the City's two access channels (Channel 21 and 24) to Time Warner On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was #530-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 3, 1997, submitted pursuant to Council Resolution 478-97, concerning the issue of the development of Pines of Winfield Subdivision, the Council does hereby refer the subject of an update on the progress of the development of the Pines of Winfield Subdivision to the Mayor for a report and recommendation, such report to be submitted to Council within one month On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #531-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 3, 1997, submitted pursuant to Council Resolution 478-97, the Council does hereby refer the subject of the progress of the development at Five Mile Road and Spanich Court on the east side of the Kroger project by Sam Baki to the Director of Public Works - Engineering Division for a report and recommendation, the same to thereafter be submitted to Council within one month On a motion by Duggan, seconded by Feenstra, it was #532-97 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plat Committee, dated June 4, 1997, submitted pursuant to Council Resolution 305-97, and a communication from the City Planning Commission, dated February 4, 1997, which sets forth its resolution 1-8-97 adopted on January 21, 1997, with regard to Petition 96-10-2-29 submitted by Joseph P Durso requesting waiver use approval to develop a site condominium project on property located between the Hees Avenue dead-ends east of Linville Avenue and north of Joy Road in the Southeast 1/4 of Section 32, which property is 30298 zoned R-1, and the Council having conducted a public hearing with regard to this matter on March 24, 1997, pursuant to Council Resolution 100-97, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 96-10-2-29 is hereby approved and granted The following individuals from the audience voiced their opposition to this matter 1) John Muir, 8832 Linville 2) Gloria Coffin, 35681 Hees 3) Barbara Mays, 35800 Joy Road 4) Tim Baldwin, 35718 Hees 5) Thomas Flynn, 8856 Harvey 6) Linda Stubbe, 8844 Linville The petitioner, Ron Hartlieb, spoke to ownership interests and law suits, and John Coutilish, 1275 W Square Lake Road, Bloomfield Hills, attorney representing Mr Barrie O'Brien, also addressed the foregoing matter A roll call vote was then taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Duggan, Feenstra, and Laura. NAYS Taylor and Brosnan The President declared the resolution adopted A communication from the Department of Law, dated June 9, 1997, re the ownership of the real property which is the subject of Petition 96-10-2-29, the waiver use request by Joseph Durso to develop a site condominium project between the Hees Avenue dead-ends east of Linville Avenue and north of Joy Road in the Southeast 1/4 of Section 32, was received and placed on file for the information of the Council (CR 305-97) No one wished to speak during the audience communication portion of the meeting 30299 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, this 1,346th Regular Meeting of the Council of the City of Livonia was adjourned at 10.12 p m , June 11, 1997 ' , J0:4McCotter, City Clerk