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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-09-11 29741 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 11, 1996, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Vandersloot delivered the invocation Roll was called with the following result: Val 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; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Linda McCann, Director of Community Resources, Robert J Beckley, Director of Public Works, Michael Murray, Police Chief; James Inglis, Director of Housing, and David Woodcox, Senior Building Inspector On a motion by Brosnan, seconded by Feenstra, and unanimously adopted, it was #857-96 RESOLVED, that the minutes of the 1,327th Regular Meeting of the Council of the City of Livonia, held August 26, 1996, are hereby approved as submitted On a motion unanimously introduced, seconded and adopted, it was #858-96 WHEREAS, Police dog, "Trucker" has given five years of excellent service to the Police Department and to the community at large, and WHEREAS, "Trucker" was recently diagnosed as having arthritis in his right hip and will be retiring from active duty within the year; and WHEREAS, Police Officer, Greg Yon, has not only handled "Trucker" during the course of his employment, but has also provided a loving and caring home for "Trucker", and 29742 WHEREAS, Police Officer Yon is the owner of a healthy four year old Dutch Shepherd named "Thomik," who has met the Holland national certification requirements for police dogs, and WHEREAS, Officer Yon is willing to donate "Thomik" to the City of Livonia for use in the Police Department's K-9 Division NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Council of the City of Livonia turn the ownership of "Trucker", upon his retirement from active duty, over to Officer Greg Yon, who will keep him as a family pet; and BE IT FURTHER RESOLVED, that the Mayor and the City Council accept the donation of"Thomik" from Officer Yon for use as the department's K- 9; and BE IT FURTHER RESOLVED, that the Mayor and the City Council join together in commending Officer Yon and "Trucker" for their work as a fine and effective K-9 team over the past five years On a motion by Vandersloot, seconded by Taylor, and unanimously adopted, it was #859-96 RESOLVED, that having considered the report and recommendation of the Acting Chief of Police, dated August 20, 1996,, approved for submission by the Mayor, regarding the retirement of the Police Department's police dog, "Trucker," due to arthritis, the Council does hereby authorize a transfer of ownership of this dog to Police Officer Greg Yon upon removal of this dog from active service, FURTHER, the Council does hereby accept the donation of another police dog, "Thomik", from Officer Greg Yon for use by the Police Department, including but not limited to such areas as apprehension, searches, tracking and narcotic detection. Council President Laura announced, at the request of the City Treasurer, that the final payment date for taxes is Monday, September 16, 1996, at 5 00 p m. No one from the audience wished to speak at this time A communication from the Department of Finance, dated August 21, 1996, re forwarding various financial statements of the City of Livonia for the month 29743 ending July 31, 1996, was received and placed on file for the information of the Council A communication from the Chairman of the Plymouth Road Development Authority, dated August 21, 1996, re forwarding a draft copy of the "Plymouth Road Corridor Design Plan" was received and placed on file for the information of the Council Council President Laura announced there were some changes to the agenda. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #860-96 RESOLVED, that the Council does hereby amend the Orders of the Day by removing Item 28 from the agenda and placing same on the September 30, 1996 Regular Meeting, removing Item 29 from the agenda and placing same on the September 16, 1996 Study Meeting, adding Item 16f (to schedule a public hearing date), and adding two (2) new items to the end of the agenda, which shall be considered as Item 32 and Item 33 On a motion by Taylor, seconded by Duggan, it was #861-96 RESOLVED, that having considered a letter from James M Craver, on behalf of the Livonia Rotary Club, dated August 20, 1996, and a communication from the Superintendent of Parks and Recreation, dated August 27, 1996, approved for submission by the Mayor, requesting permission to sell beer, wine and food at the Livonia Rotary Club Pig Roast to be held at Rotary Park on Saturday, September 28, 1996, as a fund-raiser for the two Livonia Rotary Clubs, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 1 The Livonia Rotary Club shall provide the City of Livonia with an appropriate insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of$1 million, and such certificate of insurance shall be submitted to the Department of Law for approval by the City prior to the event, 2 That all alcoholic beverages will be sold only by Rotarians and proof of legitimate drinking age will be required, 29744 3 That alcoholic beverages will be served in a fenced off area, 4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit from the State of Michigan prior to this event, and 5 That medical and security personnel shall be on site at all times A communication from the Inspection Department, dated August 16, 1996, re administrative response to CR 753-96 - landscaping requirements of the Dearborn Federal Credit Union, 37373 Seven Mile Road (Petition 94-1-2-3) - was received and placed on file for the information of the Council #862-96 RESOLVED, that having considered the report and recommendation of the Inspection Department, dated August 16, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 753-96, regarding the landscaping requirements for the Dearborn Federal Credit Union located at 37373 Seven Mile Road (Petition 94-1-2-3), the Council does hereby refer the subject of whether the landscaping plan, as approved by the Planning Commission, has been adhered to and when the bond will be released to the Planning Department for its report and recommendation #863-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 12, 1996, 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, P 0 Box 8010, Sterling Heights, Michigan 48311-8010, for supplying the Public Service Division (Road Maintenance Section) with one (1) trailer-mounted, self-contained vacuum leaf collector for the price of $22,650 00, the same having been in fact the lowest bid received and meets all specifications #864-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission and the report and recommendation of the Chief of Police, dated August 7, 1996, approved for submission by the Mayor, the Council does hereby recommend approval of the request from Kue & Karom Billiards, Inc. to transfer classification of a 1996 Tavern license to a Class C license located at 27630 Schoolcraft, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #865-96 RESOLVED, by the City Council of the City of Livonia, that the annual Christmas parade be, and hereby is approved for Saturday, 29745 November 23, 1996, beginning at 9 00 a m , and that the Wayne County Road Commission is hereby requested to close Six Mile Road from Inkster to Middlebelt Roads between the hours of 6 00 a m and 11 00 a.m , Seven Mile Road, from Merriman to Inkster between the hours of 9.00 a m and 11 00 a m , and Middlebelt Road, from Six Mile to Eight Mile Roads between the hpurs of 8 30 a.m and 11 00 a.m , or until the road is returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, and that Lieutenant Joseph Derscha is hereby designated and authorized to sign the road closure permit in behalf of the City of Livonia #866-96 RESOLVED, that having considered the report and recommendation of the Housing Director, dated August 9, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein the Housing Commission has recommended the following rental increases to become effective December 1, 1996, with respect to the City-owned scattered site properties listed Current Proposed 2 Bedroom $225 $235 29149 Morlock 20121 Floral 27545 Long 11683 Cardwell 3 Bedroom $310 $320 11910 Cardwell 21411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile 4 Bedroom $375 $385 20120 Deering The above rents exclude utilities the Council does hereby concur in and approve of the recommended action A communication from the Livonia Housing Commission, dated August 8, 1996, re the Fiscal Year 1995 assessment for the Public Housing Management 29746 Assessment Program (PHMAP) was received and placed on file for the information of the Council A communication from the Livonia Housing Commission, dated August 5, 1996, re Housing Commission Audit Report for the Fiscal Year ending December 31, 1995, was received and placed on file for the information of the Council A communication from the Department of Finance, dated August 23, 1996, re administrative response to CR 717-96 - report on the balance remaining from the General Obligation Road Improvement Bond Issue -was received and placed on file for the information of the Council #867-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 12, 1996, approved for submission by the Mayor, with respect to the proposed acquisition of property located at 30491 and 30499 Plymouth Road and the necessity that review and "fixture" appraisers be retained in connection with same, the Council does hereby authorize the Department of Law to retain review and "fixture" appraisers in connection with the subject properties, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $5,000 00 from the General Obligation Road Improvement Bond Issue for the purpose of covering the cost of the said appraisals, and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution #868-96 RESOLVED, that having considered a communication from the Department of Law, dated August 26, 1996, approved for submission by the Mayor, transmitting a revised site plan from Dominic Soave, dated 8-15-96, requesting approval of a revision to the site plan previously approved by Council, as modified, and authorized as part of a Stipulation and Consent Judgment in Wayne County Circuit Court Case No 93- 308252-CE relating to Petition No 90-11-1-31 by Dominic Soave and Michael Soave requesting to rezone property on the east side of Newburgh Road north of Seven Mile Road from RUFC to C-1 and OS, the Council does hereby approve this request and does hereby authorize the City Attorney, for and on behalf of the City of Livonia, to execute a Stipulation modifying the Consent Judgment previously entered to reflect the revised landscape plan dated 8-15-96, to be marked as an addition to Revised Exhibit B attached to the Consent Judgment. #869-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 21, 1996, approved 29747 for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of 4" storm sewer as part of the construction of a Mini U Storage Building at 13450 Merriman Road, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans, and further that the City will accept jurisdiction and maintenance (at no expense to the County) of approximately 25 I f of 4" storm sewer within the Merriman Road right-of-way in connection with the development of the aforementioned site located on the east side of Merriman Road in the Northwest 1/4 of Section 26 (See attached letter from Dahn Corporation, dated August 8, 1996, indicating its willingness to reimburse the City for any such maintenance that may become necessary ) 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction A communication from the Engineering Department, dated August 21, 1996, re administrative response to CR 662-96 - drainage problems in the area near the east side of Middlebelt Road between Joy Road and Grandon Avenue in the SW 1/4 of Section 36 -was received and placed on file for the information of the Coundil #870-96 RESOLVED, that having considered a communication from the City Planning Commission, dated August 16, 1996, which transmits its resolution 8-150-96, adopted on August 13, 1996, with regard to the proposed preliminary plat of Castle Woods Subdivision to be located on the south side of Lyndon between Newburgh and Stonehouse in the Southeast 1/4 of Section 19, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on August 13, 1996, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements, FURTHER, the Council does hereby waive the open space requirement as set forth in the Subdivision Rules and Regulations #871-96 RESOLVED, that having considered a communication from the City Planning Commission, dated August 28, 1996, which transmits its resolution 8-159-96 adopted on August 27, 1996, with regard to Petition 29748 96-2-8-2 submitted by Harley Ellington Design on behalf of Valassis Communications, requesting approval of the landscape plan in connection with a proposal to construct an office building on property located at 19575 Victor Parkway in the North 1/2 of Section 6, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission, and the landscape plan in connection with Petition 96-2-8-2 is hereby approved and granted subject to the following conditions. 1 That the landscape plans marked Sheets SP-1, SP-2 and SP-3, dated August 27, 1996, prepared by Harley Ellington Design, are hereby approved and shall be adhered to, and 2 That underground sprinklers are to be provided for all new landscaped and seeded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition #872-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Allmand Enterprises, Inc. a.k.a. Allmand Associates, Inc., dated August 28, 1996, covering new industrial facilities to be located within City of Livonia Industrial Development District 63, 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, October 14, 1996, at 6 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, October 14, 1996, at 6 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 #873-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Allmand Enterprises, Inc a.k.a Allmand Associates, Inc , dated August 28, 1996, covering new 29749 industrial facilities to be located within City of Livonia Industrial Development District 6, 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, October 14, 1996, at 6 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, October 14, 1996, at 6 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 61" #874-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Elring Klinger of North America, dated August 28, 1996, covering new industrial facilities to be located within City of Livonia Industrial Development District 62, 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, October 14, 1996, at 6 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan �r. 3 The Council hereby sets Monday, October 14, 1996, at 6 00 p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, 29750 Michigan, as the date, time and place for conducting a hearing on said Application. #875-96 WHEREAS, the City of Livonia has received a request from Crucam, Inc , 38099 Schoolcraft, Livonia, Michigan 48150, dated August 22, 1996, for a transfer of the tax abatement previously granted to Artisan Mold Corporation on June 25, 1986, in Council Resolution 625-86 for 12 years, for a facility located at 36040 Industrial Road, Livonia, Michigan, which is located in City of Livonia Industrial Development District No 34, 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, October 14, 1996, at 6.00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, October 14, 1996, at 6 00 p.rn. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #876-96 RESOLVED, that having considered a communication from the Director of Finance, dated August 2, 1996, and approved for submission by the Mayor, the Council does hereby determine to conduct a public hearing on Monday, October 14, 1996, at 8.00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 1 The proposed annual budget for the City of Livonia for the fiscal year ending November 30, 1997, and 2 The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing, and the City Clerk shall give adequate public notice of said public hearing in accordance with provisions of law and City Charter 29751 #877-96 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 Wednesday, October 23, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 96-8-1-20, submitted by First Industrial, L.P , for a change of zoning of property located on the north side of Plymouth Road between Chase Boulevard and Eckles Road in the South 1/2 of Section 30, from M-2 to M-1, the City Planning Commission in its resolution 9-161-96 having recommended to the City Council that Petition 96-8-1-20 be approved, 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 amendment to the Zoning Ordinance, and/or (b) location of the proposed change 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 thq full performance of this resolution 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 Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 22 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 96-2-1-5) A roll call vote was taken on the foregoing Ordinance with the following result: 29752 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 Feenstra took from the table, for second reading and adoption, the following Ordinance, as amended AN ORDINANCE AMENDING TITLE 2, CHAPTER 04 (CITY COUNCIL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 230 THERETO A roll call vote was taken on the foregoing Ordinance with the following result: AYES McGee, Taylor, Duggan, Feenstra, and Brosnan NAYS Vandersloot and Laura The President declared the foregoing Ordinance duly adopted, and would become effective on publication Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTIONS 075D AND 075E 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 Vandersloot, McGee, Taylor, Duggan, Feensra, Brosnan, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 29753 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #878-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 5, 1996, approved for submission by the Mayor, submitting the offer of Mary F Galasso, 19727 Pierson Drive, Northville, Michigan 48167, for the purchase of a vacant lot owned by the City of Livonia, located at 27423 Long, Lot 41, Argonne Subdivision, the Council does hereby request that in accordance with Council Resolution 300-88, the said property 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 a minimum bid price of $14,000 00, which specifications shall contain the following specific requirement and restriction The development of the lot in question will require a variance granted by the Livonia Zoning Board of Appeals due to the small size of the lot. There is no guarantee that such a variance will be given which bids shall be accompanied by a deposit in the form of a money order or certified check which is equal to five (5%) 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 On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #879-96 RESOLVED, that having considered a letter dated April 17, 1996, from John B Carlin, Jr , Attorney at Law, representing Total Quality Management, Inc. d/b/a J Alexander's Restaurant, requesting approval of an application for a new full-year, on-premise Michigan Liquor Control Commission Class C liquor license for a full service restaurant to be located on the east side of Haggerty, north of Seven Mile Road, Livonia, Michigan, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City approves the said request "Above All Others", and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Taylor, seconded by Duggan, it was #880-96 RESOLVED, that having considered a letter dated April 17, 1996, from John B Carlin, Jr , Attorney at Law, representing Champp's Entertainment of Wayzata, Inc. d/b/a Champps Americana requesting 29754 approval of an application for a new full-year, on-premise Michigan Liquor Control Commission Class C liquor license for a full service restaurant to be located on the east side of Haggerty, north of Seven Mile Road, Livonia, Michigan, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City approves the said request "Above All Others", and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission 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 Brosnan, seconded by McGee, and unanimously adopted, it was #881-96 RESOLVED, that having considered a communication from the Mayor, dated August 9, 1996, recommending that permission be granted to the Livonia Symphony Orchestra to install 50 banners along Five Mile and Farmington Roads to promote the 1996-97 season of the Livonia Symphony Orchestra, and which banners would be installed by the City for the month of October, 1996, the Council does hereby approve and grant this request in the manner and form herein submitted On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #882-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 22, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the grant of a small conversion bus valued at $51,000 00 from SMART in connection with the 1662 grant request submitted by the Northwest Wayne Consortium, the same to be subsequently leased to Northwest Transport, Inc for use in providing specialized services lift-equipped service offered through the Northwest Wayne Six-Community Transportation Consortium On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was 29755 #883-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 22, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached a proposed Animal Sheltering Agreement between the City of Livonia and the Michigan Humane Society, 3600 Auburn Road, Rochester Hills, Michigan 48309, which would extend the current contract for an additional one year commencing October 1, 1996, through September 30, 1997, and wherein the Michigan Humane Society would continue to provide for the sheltering of animals during this additional period at a cost of $11 50 per day for boarding, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Duggan, it was RESOLVED, that having considered the report and recommendation of the Housing Director, dated August 9, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended a rental adjustment for Silver Village as follows A) Pre-December, 1990 - 55 Residents Adjusted Rent Bedroom Size Current Rent Effective 12-1-96 One Bedroom $275 $280 Two Bedroom 310 315 B) Post-December, 1990 - 54 Residents One Bedroom $340 $345 Two Bedroom 395 400 The above rents exclude gas and electric the Council does hereby concur in and approve of the recommended action From the audience, Robert Ryan, 33704 Lyndon, objected to the difference in rental rates for "Pre-" and "Post-December, 1990" residents Duggan withdrew his support of the foregoing resolution 29756 On a motion by Duggan, seconded by Brosnan, it was RESOLVED, that the Council does hereby determine to substitute a resolution in lieu of the foregoing which would refer the subject matter of a Silver Village rental adjustment/expenditures to the Capital Improvement Committee for its report and recommendation A roll call vote was taken on the motion to substitute with the following result. AYES Vandersloot, McGee, Taylor, Duggan, Brosnan, and Laura NAYS Feenstra The President declared the motion to substitute adopted On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #884-96 RESOLVED, that having considered the report and recommendation of the Housing Director, dated August 9, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended a rental adjustment for Silver Village, the Council does hereby refer the subject of Silver Village expenditures to the Capital Improvement Committee for its report and recommendation On a motion by Feenstra, it was RESOLVED, that having considered the report and recommendation of the Housing Director, dated August 9, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended the following rental adjustments with respect to Newburgh Village Adjusted Rent Bedroom Size Current Rent Effective 12-1-96 One Bedroom $425 $430 Two Bedroom 495 500 The above rents exclude gas and electric the Council does hereby concur in and approve of the recommended action The President declared the motion denied for lack of support. 29757 On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #885-96 RESOLVED, that having considered the report and recommendation of the Housing Director, dated August 9, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, .and which indicates that the Housing Commission has recommended a rental adjustment for Newburgh Village, the Council does hereby refer the subject of Newburgh Village expenditures to the Capital Improvement Committee for its report and recommendation On a motion by Feenstra, seconded by Vandersloot, it was #886-96 RESOLVED, that having considered a communication from the Department of Law, dated August 30, 1996, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held Tuesday, September 17, 1996, at 7 00 p m for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura. NAYS None The President declared the resolution adopted On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #887-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 12, 1996, which sets forth its resolution 7-127-96 adopted on July 9, 1996, with regard to Petition 96-6- 1-13, submitted by J-P Properties for a change of zoning of property located north of Six Mile Road, west of the 1-96 Expressway in the Southwest 1/4 of Section 7, from PO and P to C-4, and the Council having conducted a public hearing with regard to this matter on September 4, 1996, pursuant to Council Resolution 697-96, the Council does hereby approve Petition 96-6-1-13 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of itr Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 29758 On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #888-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 12, 1996, which sets forth its resolution 7-123-96 adopted on July 9, 1996, with regard to Petition 96-5- 1-9, submitted by Leo Soave for a change of zoning of property located on the west side of Gill Road between Northland Drive and Bretton Drive in the Southwest 1/4 of Section 4, from RUFB to R-3, and the Council having conducted a public hearing with regard to this matter on September 9, 1996, pursuant to Council Resolution 696-96, the Council does hereby approve Petition 96-5-1-9, as modified, for preparation of the ordinance for submission to Council, so as to rezone this property to R- 3C, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #889-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 10, , 1996, submitted pursuant to Council Resolution 540-96, and a communication from the Department of Law, dated May 29, 1996, approved for submission by the Mayor, to which is attached a proposed amendment to Section 18 42 of the Zoning Ordinance to regulate the installation of cellular/communication towers, antennas and satellite dishes, and in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such an amendment should be made, and thereafter submit a report and recommendation to Council, FURTHER, the Council does hereby direct that this item shall also remain in the Legislative Committee for further review On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #890-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 10, 1996, submitted pursuant to Council Resolution 831-96, and the report and recommendation of the Department of Law, dated August 8, 1996, 29759 approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed lease agreement between the City of Livonia and AT&T Wireless PCS, Inc. for use of a portion of the radio tower located at the Police Station, the Council does hereby refer this matter to the Department of Law for further negotiations with AT&T Wireless PCS, Inc. regorging the term of the proposed lease No one spoke during the audience communication portion of the meeting. On a motion by Feenstra, seconded by McGee, and unanimously adopted, this 1,328th Regular Meeting of the Council of the City of Livonia was adjourned at 8:40 p m., September 11, 1996 • 41, 79/ 6)0TFL J. :n McCotter, City Clerk