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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-04-10 29426 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 10, 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 Taylor delivered the invocation, and noted with regret the recent death of Art Emanuel, a photographer for the Livonia Observer Roll was called with the following result. Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, and Joe Laura Absent. None Elected and appointed officials present. Jack E Kirksey, Mayor; H Shane, Assistant City Planner; Gary Clark, Assistant City Engineer; Cathryn K. White, Chief Assistant City Attorney, Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Finance Director; Laura M Toy, City Treasurer; Ronald Reinke, Superintendent of Parks and Recreation, Robert J Beckley, Director of Public Works, and Edith Davis, Personnel Director On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #305-96 RESOLVED, that the minutes of the 1,317th Regular Meeting of the Council of the City of Livonia, held March 27, 1996, are hereby approved as submitted President Laura announced that Den Leader Russ Cicchelli and the Cub Scouts from Den #1, Pack#870, of Coolidge Elementary School were present in the audience and working on obtaining a badge During the audience communication portion of the meeting, Michael Driscoll, 19229 Shadyside, Livonia, asked various questions regarding the preparation 29427 of the term limits ordinance Additionally, Miles Kinkead, 15617 Ashurst, Livonia, remarked about the poor condition of the pavement on Ashurst and that it is in need of repair On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #306-96 RESOLVED, that having considered a request from Miles Kinkead requesting the improvement of Ashurst Road (from Five Mile Road north to Lamoyne in the South 1/2 of Section 16) and before determining to undertake such improvement, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant and to prepare and cause to be prepared plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk, together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district pursuant to the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended A communication from the Department of Finance, dated March 21, 1996, re forwarding various financial statements of the City of Livonia for the month ending February 29, 1996, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Brosnan, it was #307-96 RESOLVED, that having considered a request from Kurt Krupsky, 18620 Brentwood, Livonia, Michigan, regarding illegal discharge of firearms at the Mt Hope Cemetery, the Council does hereby refer the issue to the Chief of Police for his report and recommendation and requests that the Mayor send a correspondence to the owners of Mt. Hope Cemetery requesting their input about the March 30, 1996, discharge of firearms and prior such incidents #308-96 WHEREAS, buyers of real property have been required to file property transfer forms with the local assessor since January 1, 1995, and, 29428 WHEREAS, the forms required to be filed, now known as Property Transfer Affidavits, were not available from the Michigan Department of Treasury until the summer of 1995, and, WHEREAS, instructions necessary to process Property Transfer Affidavits (Michigan Department of Treasury form L-4260) were not made available until October, 1995, and, WHEREAS, a meaningful opportunity for buyers to file form L-4260, as required by law, as stated under M C L Section 211 27a(8), has not been afforded to buyers in 1995, THEREFORE, BE IT RESOLVED that the City of Livonia hereby waives the $5 00 per day fine pursuant to M C L 211 27b(1)(c) for ownership transfers that occurred in 1995 only, with the following exception The $5 00 per day fine required by M C L 211 27b(1)(c) for failure to file a property transfer affidavit (Michigan Department of Treasury form L-4260) for 1995 ownership transfers shall only be levied upon those persons who have been notified by first class mail of the obligation to file by either the local assessor or the county equalization director and have not filed within 45 days of the mailing of the notice, beginning on the 46th day #309-96 RESOLVED, that having considered the report and recommendation of the Housing Director, dated March 12, 1996, approved for submission by the Mayor, and which indicates that the Housing Commission has recommended adjustments in the admission and continued occupancy income limits for Silver Village, Newburgh Village and City-owned homes as follows Section I - Eligibility for Admission and Section IV - Eligibility for Continued Occupancy (Annual Re-Examination) ADMISSION Present Income Limits Revised Income Limits One Person $26,300 $28,050 Two Persons $30,100 $32,050 Three Persons $33,850 $36,050 Four Persons $37,600 $40,100 Five Persons $40 600 $43,300 Six Persons $43 600 $46,400 CONTINUED OCCUPANCY Present Income Limits Revised Income Limits 29429 One Person $28,600 $30,850 Two Persons $32,700 $35,250 Three Persons $36,150 $39,650 Four Persons $39,900 $44,100 Five Persons $42,900 $47,600 Six Persons $45,900 $51,000 the Council does hereby concur in and approve of the recommended action #310-96 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated March 26, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the sale of three (3) surplus 1988 Road Rescue Bravo Units to Walter Russell, P 0 Box 594, Central Lake, Michigan 49622, for the amount of $5,113 13, the same having been in fact the highest offer received for these units, FURTHER, the Council does hereby authorize the sale of one (1) surplus 1977 Chevrolet Utility C-20 van at public auction A communication from the Office of the Mayor, dated March 1, 1996, re the long-term development and future financial stability of Greenmead was received and placed on file for the information of the Council (CR 41-96) #311-96 RESOLVED, that having considered the report and recommendation of the Mayor, dated March 1, 1996, submitted pursuant to Council Resolution 41-96, regarding the long-term development and future financial stability of Greenmead, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #312-96 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated March 6, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Adair Printing, 23925 Industrial Park Drive, Farmington Hills, Michigan 48335, for printing of the 12 and 16 page publications of the City newsletter for a price of $4,499 52 (12 page publication) and $4,090 16 (16 page publication), the same having been in fact the lowest bid received for this item #313-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated March 12, 1996, approved by the Finance Director and approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia and the Wayne County Office of Nutrition Services for the distribution of U S D A. commodities to low income residents, the Council does hereby 29430 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 things necessary or incidental to the full performance of this resolution #314-96 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 21, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3124 3/96, the Council does hereby determine to accept the low bid of Nankin Sand Company, 39740 Cherry Hill Road, Canton, Michigan 48187, which meets specifications, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of$6 90 per yard delivered; FURTHER, in the event the lowest bidder is unable to furnish the material, the Council hereby determines to accept the second low bids of Redford Topsoil Contractors, Inc., 15553 Beech Daly, Redford, Michigan 48239, and Wolverine Contractors, Inc., P 0 Box 760026, Lathrup Village, Michigan 48076, which also meet specifications, as alternates for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $7 00 per yard delivered; FURTHER, the Council does hereby determine to accept the low bid of Redford Topsoil Contractors, Inc , 15553 Beech Daly, Redford, Michigan 48239, which meets specifications, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 00 per yard for pickup, FURTHER, in the event the lowest bidder is unable to furnish the material, the Council does hereby accept the bid of Nankin Sand Company, 39740 Cherry Hill Road, Canton, Michigan 48187, which also meets specifications, as an alternate due to its proximity to the DPW yard, to supply the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6.25 per yard for pickup #315-96 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 21, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits its resolution WS 3122 3/96, the Council does hereby approve a one-year extension of the current agreement with D'Angelo Brothers, Inc., 24485 Middlebelt, Farmington Hills, Michigan 48336, for performing water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid for the period April 1 , 1996, through March 31, 1997, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended 29431 #316-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 6, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Golf Courses and Parks Sections) with the fertilizers specified at the unit prices bid (1) Terra International, Inc , P 0 Box 36, 412 List Street, Frankenmuth, Michigan 48734 Material to be Furnished Unit Price Bid Comp 13-0-44 $ 580 00 per ton Comp 18-5-9 $ 414 40 per ton (2) Benham Chemical Corporation, 24800 Industrial Drive, Farmington Hills, Michigan 48335-1557 Material to be Furnished Unit Price Bid Comp 20-4-10 w/Trimec $ 585 00 per ton Comp 16-8-12 $1,511 00 per ton Milorganite $ 219 00 per ton (3) Turfgrass, Inc , P 0 Box 667, South Lyon, Michigan 48178 Material to be Furnished Unit Price Bid Comp 20-4-10 w/24D $ 474 00 per ton Comp 24-6-10 $ 600 00 per ton Comp 17-3-21 $ 575 00 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second low bids, which also meet specifications, as alternates for supplying the Public Service Division (Golf Courses and Parks Sections) with the fertilizers specified at the unit prices shown (1) Terra International, Inc , P 0 Box 36, 412 List Street, Frankenmuth, Michigan 48734 Material to be Furnished Unit Price Bid Milorganite $ 246 00 per ton (2) Benham Chemical Corporation, 24800 Industrial Drive, Farmington Hills, Michigan 48335 29432 Material to be Furnished Unit Price Bid Comp 24-6-10 $1,033 00 per ton Comp 18-5-9 $ 448 00 per ton Comp 17-3-21 $ 633 00 per ton (3) Turfgrass, Inc , P 0 Box 667, South Lyon, Michigan 48178 Material to be Furnished Unit Price Bid Comp 20-4-10 w/Trimec $ 596 88 per ton Comp 13-0-44 $ 720 00 per ton #317-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 13, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 1996 Ford E-350 HD Econoline Van from Jackson Ford, Inc , 1314 Northwest Avenue, Jackson, Michigan 49202, for a total cost of $16,796 00 including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance (Vehicles) Capital Outlay Account No 101-446-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071 B6000287), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Department of Finance, dated March 21, 1996, re Audit Reports for the fiscal year ended November 30, 1995, for the General Purpose Financial Statements, Federal Financial Assistance Programs, Economic Development Corporation and the 16th District Court was received and placed on file for the information of the Council #318-96 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 21, 1996, with respect to City of Livonia (Financial Report with Additional Information dated November 30, 1995), District Court Funds of District No 16 of the City of Livonia (Financial Report with Additional Information dated November 30, 1995), Economic Development Corporation of the City of Livonia (Financial Report dated November 30, 1995) and the Federal Financial Assistance Programs of the City of Livonia (Supplemental 29433 Information dated November 30, 1995), the Council does hereby refer this item to the Finance, Insurance and Budget Committee for its report and recommendation #319-96 RESOLVED, that the Council does hereby amend Council Resolution 113-96 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 377 for a proposed alley improvement consisting of an 18' wide by 7-1/2" thick deep strength asphalt over either existing MDOT Class ll material or newly installed 21 AA limestone with an inverted crown and no curbs (Alternate V) between Five Mile and Elsie Avenue and Middlebelt Road and Cavour Avenue in the Northwest 1/4 of Section 24, 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, February 5, 1996, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City 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 alley improvements to be constructed in Special Assessment District No 377, 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 November 27, 1995, in the amount of $41,896 80 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 377 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from December 1, 1996 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 29434 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, 1997, 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 or any part of the assessment without interest or penalty up to December 1, 1996, (5) The first installment shall be spread upon the 1997 City tax roll 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, 1996, 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 ($7,393 55), 100% of drainage costs ($17,250 00) for a total amount of $24,643 55 #320-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 21, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Peter A. Basile Sons, Inc , 13000 Newburgh Road, Livonia, Michigan 48150, for completing all work required in connection with the paving of alleys 29435 between Five Mile Road and Elsie Avenue and from Middlebelt to Cavour Avenue in the Northwest 1/4 of Section 24 (Contract 96-H) for the estimated total cost of$60,821 00 based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $44,333 00 from the General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from the future Special Assessment Bond Issue, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $16,488 00 from the Local Road Account of the Michigan Transportation Fund Unexpended Fund Balance for the City's portion of the project; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #321-96 RESOLVED, that having considered the report and recommendation of the Mayor, dated March 19, 1996, submitted pursuant to Council Resolution 168-96, and Legal Opinion 96-1 submitted by the City Attorney, dated February 16, 1996, regarding the incompatibility of the offices of City Councilmember and Member of the Zoning Board of Appeals, the Council does hereby refer the matter of whether the legal conclusions reached in Legal Opinion 96-1 have any effect on the Zoning Board of Appeals decisions rendered during Joe Laura's tenure to the Department of Law for its report and recommendation. A communication from the Department of Law, dated March 13, 1996, re definitions of"Direction of the Chair" and "the Chair's Prerogative" according to Robert's Rules of Order - Legal Opinion 96-2, was received and placed on file for the information of the Council (CR 120-96) A communication from the Department of Law, dated March 13, 1996, re Motion to Call Question and challenges to ruling of Chair - Legal Opinion 96-3, was received and placed on file for the information of the Council (CR 96-96) 29436 #322-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 21, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Scodeller Construction, Inc., P 0 Box 448, South Lyon, Michigan 48178, for completing all work required in connection with the 1996 Pavement Joint and Crack Sealing Program (Contract 96-C) for the estimated total cost of $100,009 70, which is the total amount for Proposal A - hot poured and Proposal B - over band, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $100,009 70 from the Michigan Transportation Fund for this purpose as follows $18,000 00 as originally budgeted in Account No 202-463-818-117 and $82,009 70 as originally budgeted in Account No 203-463-818-117, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #323-96 RESOLVED, that having considered a communication from the City Planning Commission, dated March 27, 1996, which transmits its resolution 3-48-96, adopted on March 26, 1996, with regard to Petition 96-3-2-10, submitted by the Livonia Rotary Club requesting waiver use approval to hold a carnival from April 22, 1996, through May 8, 1996, in the parking lot of the shopping center located on the north side of Plymouth Road between Middlebelt Road and Tech Center Drive in the Southeast 1/4 of Section 26, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-3-2-10 is hereby approved and granted, subject to the condition that all truck parking, temporary housing units and all other related transportation equipment and apparatus relating to the operation of the carnival shall be parked or stored in the parking lot to the west of the former Builders Square building A roll call vote was taken on the foregoing resolutions with the following result. AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None On a motion by Feenstra, seconded by Taylor, it was 29437 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 30-96, and having further considered a communication from the City Planning Commission, dated October 2, 1995, which sets forth its resolution 9-183-95, adopted on September 26, 1995, with regard to Petition 95-8-1-18, submitted by Robert Goldman for Edward and Mary Jo Olschanski, for a change of zoning of property located on the west side of Inkster Road between Six Mile Road and Whitcomb Drive in the Northeast 1/4 of Section 13, from R-2 to C-1, and the Council having conducted a public hearing with regard to this matter on December 6, 1995, pursuant to Council Resolution 726-95, the Council does hereby reject the recommendation of the Planning Commission and Petition 95-8-1-18 is hereby approved, as modified, for preparation of the ordinance for submission to Council, so as to rezone the north 45 feet of this property to C-1 and the south 35 feet of this property to P, 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 Duggan, seconded by Vandersloot, it was RESOLVED, that the Council does hereby determine to substitute a resolution denying Petition 95-8. 1-18 in lieu of the foregoing resolution Alexander Campbell, 18662 Foch, stated his strong opposition to the proposed rezoning changes A roll call vote was taken on the motion to substitute with the following result. AYES Duggan, Vandersloot, and Laura NAYS Taylor, Feenstra, Brosnan, and McGee The President declared the motion to substitute denied A roll call vote was then taken on the originally proposed resolution by Feenstra, seconded by Taylor, as follows #324-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 30-96, and having further considered a communication from the City Planning Commission, dated October 2, 1995, which sets forth its resolution 9-183-95, adopted on September 26, 1995, with regard to Petition 95-8-1-18, submitted by 29438 Robert Goldman for Edward and Mary Jo Olschanski, for a change of zoning of property located on the west side of Inkster Road between Six Mile Road and Whitcomb Drive in the Northeast 1/4 of Section 13, from R-2 to C-1, and the Council having conducted a public hearing with regard to this matter on December 6, 1995, pursuant to Council Resolution 726-95, the Council does hereby reject the recommendation of the Planning Commission and Petition 95-8-1-18 is hereby approved, as modified, for preparation of the ordinance for submission to Council, so as to rezone the north 45 feet of this property to C-1 and the south 35 feet of this property to P, 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 with the following result: AYES Taylor, Feenstra, Brosnan, and McGee NAYS Duggan, Vandersloot, and Laura The President declared the resolution adopted On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #325-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 427-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of campaign reform to the Legislative Committee for its report and recommendation On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #326-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 427-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of limitations such as restricting the use of poll workers at the polls on election day to the Legislative Committee for its report and recommendation 29439 On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #327-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 427-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of possible limitations on political signage to the Legislative Committee for its report and recommendation On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #328-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 427-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of establishing a cap on campaign expenditures to the Legislative Committee for its report and recommendation On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was #329-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 428-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, as well as a communication from Council Vice President Michael P McGee regarding the need to step up code enforcement on rental properties (referred to the Committee of the Whole in Council Resoiution 601-95), the Council does hereby request that the Inspection Department submit a report and recommendation indicating the number of rental properties located in the City of Livonia On a motion by Brosnan, seconded by Taylor, and unanimously adopted, E it was #330-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 428-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 29440 1995" and numerous goals for the City set forth therein, as well as a communication from Council Vice President Michael P McGee regarding the need to step up code enforcement on rental properties (referred to the Committee of the Whole in Council Resolution 601-95), the Council does hereby refer the question of what method is used to determine to distinguish single family residences from multi-family residences to the Assessor's Office for a report and recommendation. On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was #331-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 428-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, as well as a communication from Council Vice President Michael P McGee regarding the need to step up code enforcement on rental properties (referred to the Committee of the Whole in Council Resolution 601-95), the Council does hereby refer the subject of the preparation of an appropriate inspection procedure for rental properties and a determination of what additional assistance would be required to implement the rental property inspection procedure (additional vehicles, employees, etc.) to the Inspection Department for its report and recommendation On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was #332-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 428-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, as well as a communication from Council Vice President Michael P McGee regarding the need to step up code enforcement on rental properties (referred to the Committee of the Whole in Council Resolution 601-95), the Council does hereby refer the subject of the preparation of an outline of procedural steps which would be necessary to be taken in order to begin a program of inspection of rental properties to the Inspection Department for its report and recommendation. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was 29441 #333-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 430-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein, the Council does hereby determine to take no further action with respect to the matter of budgetary consideration pertaining to the hiring of City personnel A communication from the Department of Law, dated March 18, 1996, re Additional Information - Amendment to Sections 020, 040 and 050C and adding Section 070 to Title 2, Chapter 84 (Primary and Regular Elections) - Opinion No 96-4, was received and placed on file for the information of the Council (CR 224-96) Patricia Holmes, 11015 Merriman - prepared packets and documents regarding what a "term" is and distributed them to the Council On a motion by Duggan, seconded by Taylor, it was #334-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 224-96, and a communication from Denise Mika-Bigg, 35354 Lancashire, Livonia, Michigan, dated February 23, 1996, requesting the expenditure of additional funds for a second law firm to represent the citizens' viewpoint on the term limitation ordinance, the Council does hereby determine to rescind Council Resolution 95-96 which authorized retaining the law firm of Brashear, Tangora & Spence as special legal counsel to file a Declaratory Judgment action in Circuit Court with respect to the term limitation ordinance Denise Mika-Giga, 35354 Lancashire - inquired as to what CR#95-96 was regarding A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Duggan, Brosnan, and McGee NAYS Feenstra, Vandersloot, and Laura The President declared the resolution adopted On a motion by Duggan, seconded by McGee, and unanimously adopted, it was 29442 #335-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 224-96, and a communication from Denise Mika-Biga, 35354 Lancashire, Livonia, Michigan, dated February 23, 1996, requesting the expenditure of additional funds for a second law firm to represent the citizens' viewpoint on the term limitation ordinance, the Council does hereby refer the subject of the present ordinance on term limits, amendment to Sections 020, 040 and 050C and adding Section 070 to Title 2, Chapter 84 (Primary and Regular Elections), to the Committee of the Whole for further consideration On a motion by Brosnan, seconded by Taylor, it was #336-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 224-96, and a communication from Denise Mika-Biga, 35354 Lancashire, Livonia, Michigan, dated February 23, 1996, requesting the expenditure of additional funds for a second law firm to represent the citizens' viewpoint on the term limitation ordinance, 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 Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and McGee NAYS Laura The President declared the resolution adopted On a motion by Taylor, seconded by McGee, and unanimously adopted, it was #337-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 1996, submitted pursuant to Council Resolution 177-96, and a letter from Council President Joe Laura, dated January 22, 1996, regarding the Zoning Board of Appeals Appointment Procedure, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #338-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated March 28, 1996, submitted pursuant to Council Resolution 180-96, with 29443 respect to the subject matter of Facility Reservation Fees as prescribed in the "City of Livonia Fees/Waivers" policy and the accompanying Four Category Grid, the Council does hereby refer the subject of the rationale for deleting the annual season fee for City park athletic facilities in favor of "time slots" and further information supporting the rates for time slots (i e , $10 and $25) to the Department of Parks and Recreation for its report and recommendation. On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #339-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated March 28, 1996, submitted pursuant to Council Resolution 180-96, with respect to the subject matter of Facility Reservation Fees as prescribed in the "City of Livonia Fees/Waivers" policy and the accompanying Four Category Grid, the Council does hereby refer this matter to the Department of Parks and Recreation to work with the largest volume users to reach an amenable and fair charge for the use of City facilities On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #340-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated March 28, 1996, submitted pursuant to Council Resolution 180-96, with respect to the subject matter of Facility Reservation Fees as prescribed in the "City of Livonia Fees/Waivers" policy and the accompanying Four Category Grid, the Council does hereby refer the subject of Facility Reservation Fees and proper utilization of facilities to the Council/Schools Liaison Committee for its report and recommendation On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #341-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated March 28, 1996, submitted pursuant to Council Resolution 180-96, with respect to the subject matter of Facility Reservation Fees as prescribed in the "City of Livonia Fees/Waivers" policy and the accompanying Four Category Grid, the Council does hereby determine that the subject matter of the treatment of sponsored users (i e , LJF L.) versus non-sponsored users (i e , YMCA and Livonia Youth Soccer) and the application of the Four Category Grid shall remain in Committee and that the overall subject 29444 matter of Facility Reservation Fees shall also remain in Committee for tracking purposes On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #342-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated March 28, 1996, submitted pursuant to Council Resolution 250-96, and a communication from the City Treasurer, dated March 27, 1996, regarding a proposed reorganization of the Treasurer's Office which would include the establishment of a classification of Tax Account Clerk within the AFSCME Local 192 Bargaining Unit at the following salary range Hourly Bi-Weekly Annual Step 1 $14 53 $1,162 40 $30,222 40 Step 1 5 14 82 1,185 60 30,825 60 Step 2 15 12 1,209 60 31,449 60 Step 3 15 72 1,257 60 32,697 60 Step 4 16 35 1,308 00 34,008 00 the Council does hereby, pending concurrence of the Civil Service Commission, approve and concur in the establishment of the classification of Tax Account Clerk which shall have a salary range as hereinbefore set forth, FURTHER, the Council does hereby approve of the proposed reorganization of the Treasurer's Office as set forth in the communication dated March 27, 1996, from the City Treasurer; FURTHER, the Council does hereby authorize a budget adjustment transferring $8,080 00 from Account No 101-000-573-000, Pari-mutuel Tax Revenue to Account No 101-253-702-000, Salary and Wages - Treasurer's Department, for this purpose On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #343-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated March 28, 1996, submitted pursuant to Council Resolution 943-91, with respect to the subject of salary increases with respect to retroactivity, the Council does hereby determine to take no further action with respect to this matter Feenstra gave first reading to the following Ordinance 29445 AN ORDINANCE AMENDING SUBSECTIONS (a) 2 AND (b) 2 OF SECTION 18 50H OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 95-9-6-8) 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 Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 220 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None 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 SECTION 075A OF TITLE 10, CHAPTER 36 (OPERATING VEHICLE WHILE UNDER THE INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None 29446 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #344-96 RESOLVED, that having considered a letter from Edwin Tillman, 11763 Pine Mt. Drive, Brighton, Michigan 48116, received by the Office of the City Clerk on March 12, 1996, wherein a request is made to purchase certain City-owned property located at 9416, 9408 and 9400 Newburgh Road (Lots 739, 740A and 740B), the Council does hereby refer the matter of the sale of Lot 739 only to the Department of Law for its report and recommendation On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #345-96 RESOLVED, that the Council does hereby refer the matter of the possible uses the City may have for certain City-owned property located at 9408 and 9400 Newburgh Road (Lots 740A and 7408) to the Department of Law for its report and recommendation On a motion by Vendersloot, seconded by McGee, and unanimously adopted, it was #346-96 RESOLVED, that having considered a letter from Robert J Stremich, 7675 Hix Road, Westland, Michigan 48185, dated March 21, 1996, wherein a request is made to purchase certain City-owned property located at 9817 and 9811 Newburgh Road, Lot No 3 (121-01-0003-000) and Lot No 4 (121-01-0004-000), of Hortons Subdivision, the Council does hereby refer this matter to the Department of Law for its report and recommendation On a motion by Brosnan, seconded by McGee, it was #347-96 RESOLVED, that having considered a communication from the City Assessor, dated March 13, 1996, approved for submission by the Mayor, with regard to a request from Mr Robert Tracy, 27924 Long, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos 46 001 04 0371 000 and 46 001 04 0373 000 into two parcels, the legal descriptions of which shall read as follows 29447 PARCEL A. Lot#371, "The Argonne Sub " of part of the N E 1/4 of Section 1 , T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan Rec'd L 40, P 5 Plats, W C R. PARCEL B Lots #372 and #373, "The Argonne Sub " of part of the N E 1/4 of Section 1, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan Rec'd L. 40, P 5 Plats, W C R. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Duggan, Brosnan, and McGee NAYS Feenstra, Vandersloot, and Laura The President declared the resolution adopted On a motion by Feenstra, seconded by Taylor, it was #348-96 RESOLVED, that having considered a communication from the City Assessor, dated February 13, 1996, approved for submission by the Mayor, with regard to a request from Ms Dolores Cullan, 9824 Berwick, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed combination of Tax Item Nos 46 133 03 1010 002 and 46 133 03 1011 001 into one parcel, the legal description of which shall read as follows The North 1/2 of Lot#1010 and the South 30' of Lot#1011, Rosedale Gardens No 4 as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result 29448 AYES Taylor, Duggan, Feenstra, Brosnan, McGee, and Laura NAYS Vandersloot. The President declared the resolution adopted On a motion by Taylor, seconded by Duggan, it was #349-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 6, 1995, and the report and recommendation of the Chief of Police, dated March 12, 1996, in connection therewith, approved for submission by the Mayor, the Council does hereby determine that it has no objection to and does recommend approval of the request from Koyama Shoten of Michigan, Inc. for a new SDM license to be located at 37176 Six Mile Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Duggan, Brosnan, Vandersloot, McGee, and Laura NAYS Feenstra The President declared the resolution adopted On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #350-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated March 26, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, as well as a subsequent communication dated March 28, 1996, and to which is attached a proposed letter of agreement for participation in the Wayne County Gypsy Moth Suppression Program, the Council does hereby approve such agreement, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the agreement with Wayne County, subject to approval as to form by the Department of Law; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $23,129 00 for this purpose and that this amount be transferred from the Unexpended Fund Balance of the Municipal Refuse Fund to Account No 205-527-805-010 designated for the Gypsy Moth Suppression Program 29449 On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #351-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated February 28, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby repeal and rescind Council Resolution 101-96 On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #352-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated February 28, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 1996 Ford Ranger 4 x 2 XL, 114" WD longbed pickup truck from Jackson Ford, Inc , 1314 Northwest Avenue, Jackson, Michigan 49202, for a total cost of $13,291 00, including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446-985-000, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of the surplus 1982 GMC van (which will no longer be needed after the purchase of the vehicle authorized herein) at public auction On a motion by Taylor, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 26, 1996, approved for submission by the Mayor, to which is attached a proposed lease agreement between the Livonia Public Schools School District and the City of Livonia for the Whitman School Property, wherein the City would lease such property for a ten-year term (with an option to extend or renew the lease for one additional ten-year term), for no monetary consideration, and the City to be responsible for maintaining the premises, the Council does hereby take this means to indicate its approval of the terms and conditions provided for in such agreement with respect to the Whitman School Property more particularly described as referenced in Exhibit A of the aforesaid lease agreement, FURTHER, the 29450 Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute such agreement with the Livonia Public Schools School District and to do all other things necessary or incidental to the full performance of this resolution On a motion by McGee, seconded by Brosnan, it was RESOLVED, that the Council does hereby determine to substitute a resolution referring this matter to the Council/Schools Liaison Committee in lieu of the foregoing resolution A roll call vote was taken on the motion to substitute as follows AYES Duggan, Feenstra, Brosnan, and McGee NAYS Taylor, Vandersloot, and Laura The President declared the motion to substitute adopted On a motion by McGee, seconded by Brosnan, it was #353-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 26, 1996, approved for submission by the Mayor, to which is attached a proposed lease agreement between the Livonia Public Schools School District and the City of Livonia for the Whitman School Property, the Council does hereby refer this matter to the Council/Schools Liaison Committee for its report and recommendation. A roll call vote was taken on the foregoing substitute resolution with the following result. AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and McGee NAYS Laura. The President declared the substitute resolution adopted. McGee made the following disclosure respecting a conflict of interest on the next matter Mr President, I would like the record to reflect that my law firm, Miller, Canfield, Paddock and Stone, has performed legal work for the PROTEC Coalition and that I therefore will abstain from any consideration of this agenda item as required by Chapter IV, Section 9, of the Livonia City Charter and the relevant provisions of State law I refer to my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting Thank you 29451 McGee left the podium at 9.20 p m On a motion by Feenstra, seconded by Brosnan, it was #354-96 RESOLVED, that having considered the report and recommendation of the Department of Law and the Department of Community Resources, dated March 21, 1996, approved for submission by the Mayor, to which is attached a proposed Interlocal Agreement establishing a Michigan Coalition for the purpose of protecting the public rights-of-way from telecommunications encroachments ("PROTEC"), the Council does hereby take this means to indicate its support of the purpose and goals of PROTEC and hereby authorizes the City's participation in such Interlocal Agreement, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement and 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 Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura NAYS None The President declared the resolution adopted McGee returned to the podium at 9 21 p m On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #355-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 6, 1996, approved for submission by the Mayor, wherein it is recommended that the right-of-way associated with the widening and improvement of Seven Mile Road, in the Northwest 1/4 of Section 12, be conveyed to Wayne County, the legal description of which is as follows The North 60 feet of the following described parcel Part of the N W 1/4 of Section 12, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning N 89°38'20" E , 531 98 feet from the Northwest corner of Section 12, thence N 89°38'20" East, 300 feet, thence S 0°07'20" West, 300 feet, thence S 89°38'20" West, 300 feet, thence N 0°07'20" East, 300 feet to the point of beginning Seven Mile 29452 Road Right-of-Way Part of Tax Parcel 046-99-0011-000 the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a proper Deed of Conveyance of the aforesaid Seven Mile Road right-of-way to the County of Wayne, subject to approval as to form by the Department of Law On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #356-96 RESOLVED, that the Council does hereby refer the subject of the installation of a sidewalk on the south side of Seven Mile Road between Middlebelt and Maplewood in front of Tax Parcel No 046-99- 0011-000, the cost of which is to be defrayed by single lot assessment, to the Engineering Department for its report and recommendation and does hereby request the City Engineer to ascertain the number of parcels affected by the proposed improvement, the number of parcels owned by public authorities, the number of parcels now vacant, and to prepare and cause to be prepared, plans and specifications therefore and an estimate of the cost thereof, and to file the same with the City Clerk, together with his recommendation as to what proportion of the cost should be paid by single lot assessment and what part, if any, should be a general obligation of the City On a motion by Taylor, seconded by Duggan, it was #357-96 RESOLVED, that having considered a communication from the City Planning Commission, dated March 22, 1996, which transmits its resolution 3-47-96, adopted on March 12, 1996, with regard to a Sign Permit Application, submitted by Planet Neon Sign Company, on behalf of Joe's Produce, for a ground sign for the property located at 33152 Seven Mile Road in the Southwest 1/4 of Section 3, 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 by Planet Neon Sign Company, as received by the Planning Commission on March 4, 1996, is hereby approved and shall be adhered to, 2 That the trees surrounding the signage can be maintained and trimmed and replaced as appropriate, and 3 The sign is to be protected from vehicular impact by erecting a barrier around the base A roll call vote was taken on the foregoing resolution with the following result. 29453 AYES Taylor, Duggan, Feenstra, Brosnan, and McGee NAYS Vandersloot and Laura The President declared the resolution adopted On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #358-96 RESOLVED, that the Council does hereby refer the subject of the installation of sidewalk on the north side of Seven Mile Road along the front of the property located at 33152 Seven Mile Road (Joe's Produce) in the Southwest 1/4 of Section 3, the cost of which is to be defrayed by single lot assessment, to the Engineering Department for its report and recommendation and does hereby request the City Engineer to ascertain the number of parcels affected by the proposed improvement, the number of parcels owned by public authorities, the number of parcels now vacant, and to prepare and cause to be prepared, plans and specifications therefore and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by single lot assessment and what part, if any, should be a general obligation of the City On a motion by Feenstra, seconded by Brosnan, it was #359-96 RESOLVED, that the Council does hereby determine to refer the subject of trees blocking signage and the subject of a possible replacement schedule for such trees and/or the need for a possible amendment of the Sign Ordinance to the Planning Commission for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura NAYS McGee The President declared the resolution adopted On a motion by Feenstra, seconded by Vandersloot, it was #360-96 RESOLVED, that having considered a communication from the City Planning Commission, dated March 21, 1996, which transmits its resolution 3-36-96, adopted on March 12, 1996, with regard to Petition 96-2-2-3, submitted by James Moriarty requesting waiver use approval to operate a limited service restaurant in an existing building located on the south side of Five Mile Road between Newburgh Road and Blue Skies 29454 Avenue in the Northeast 1/4 of Section 19, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-2-2-3 is hereby approved and granted, subject to a limitation on the number of customer seats not to exceed 30 A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Vandersloot, McGee, and Laura NAYS Taylor, Duggan, and Brosnan The President declared the resolution adopted On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #361-96 RESOLVED, that having considered a communication from the City Planning Commission, dated March 21, 1996, which transmits its resolution 3-37-96, adopted on March 12, 1996, with regard to Petition 96-2-2-4, submitted by Orchards Children's Services requesting waiver use approval to operate a child day care center in an existing building located on the south side of Seven Mile Road between Canterbury Drive and Mayfield Avenue in the Northeast 1/4 of Section 10, which property is zoned RUF, the Council does hereby refer this item to the Committee of the Whole for further consideration and does hereby request that the City Engineer take all steps necessary to obtain an agreement from the property owner for the full dedication of the Seven Mile Road right-of-way at this location On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #362-96 RESOLVED, that the Council does hereby refer the subject of the request from Orchards Children's Services requesting waiver use approval to operate a child day care center in an existing building located on the south side of Seven Mile Road between Canterbury Drive and Mayfield Avenue in the Northeast 1/4 of Section 10 (Petition 96-2-2-4) to the Inspection Department for its report and recommendation On a motion by Vendersloot, seconded by McGee, it was #363-96 RESOLVED, that having considered a communication from the City Planning Commission, dated March 21, 1996, which transmits its resolution 3-38-96, adopted on March 12, 1996, with regard to Petition 96-2-2-5, submitted by Gary C Treadway requesting waiver use approval 29455 to operate a carry-out restaurant with 12 seats (Dairy Queen) in the Four Oaks Plaza Shopping Center located on the northwest corner of Newburgh and Joy Roads in the Southeast 1/4 of Section 31, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96- 2-2-5 is hereby approved and granted, subject to a limitation on the number of customer seats not to exceed a total of 12 A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Duggan, Brosnan, Vendersloot, McGee, and Laura NAYS Feenstra The President declared the resolution adopted On a motion by McGee, seconded by Duggan, it was #364-96 RESOLVED, that having considered a communication from the City Planning Commission, dated March 22, 1996, which transmits its resolution 3-39-96, adopted on March 12, 1996, with regard to Petition 96-2-2-6, submitted by Alan Tanski requesting waiver use approval to construct and operate a used car sales facility to be located on the south side of Plymouth Road between Laurel Avenue and Wayne Road in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-2-2-6 is hereby approved and granted, subject to the following conditions 1) That the Site Plan marked Sheet SP1 dated February 8, 1996, and as revised on April 8, 1996, prepared by John Allen, Architects, Inc., which is hereby approved, shall be adhered to, 2) That the Building Elevation Plans, marked Sheet A2 dated February 8, 1996, and Sheet A2 1 dated February 22, 1996, prepared by John Allen, Architects, Inc., which are hereby approved, shall be adhered to, 3) That the landscaping shown on the approved site plan shall be installed prior to final inspection and shall thereafter be permanently maintained in a healthy condition, 4) That the total number of vehicles to be stored, displayed or parked (including customer vehicles) on the site shall be limited to no more than 33, and 5) That a "No Right Turn" sign shall be installed at the Laurel Avenue exit 29456 A roll call vote was taken on the foregoing resolution with the following result. AYES Duggan, Vandersloot, McGee, and Laura NAYS Taylor, Feenstra, and Brosnan The President declared the resolution adopted On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #365-96 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 23, 1996, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1996, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights on colonial post tops with underground wiring in the Caliburn Estates Subdivision No 2 located in the Northwest 1/4 of Section 8, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated January 23, 1996, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment district being more particularly described as Lots 44 thru 99, both inclusive, in Caliburn Estates Subdivision No 2 as recorded in Liber 109, Pages 16 thru 20, Wayne County 29457 Records, said subdivision being a part of the N W 1/4 of Section 8, T 1S , R.9E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated January 23, 1996, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #366-96 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 26, 1996, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1996, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights on colonial post tops with underground wiring in the Caliburn Manor Subdivision No 2 located in the Northeast 1/4 of Section 7, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated January 26, 1996, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, 29458 (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District being more particularly described as Lots 45 thru 115, both inclusive, in Caliburn Manor Subdivision No 2 as recorded in Liber 109, Pages 21 thru 25, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 7 T 1 S , R.9E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated January 26, 1996, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances It was noted that any Council action on the next matter requires six (6) votes of the Council pursuant to Section 3 08 130 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Brosnan, it was WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No for a proposed street improvement consisting of a 28 foot wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) on Savoie and Grove, south of Six Mile Road and east of Middlebelt Road, in the Northwest 1/4 of Section 13, 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 Wednesday, March 20, 1996, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the revised special assessment roll as prepared by the City Assessor to cover the district portion of the cost of the street improvement to be constructed in Special Assessment District No , and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT 29459 (1) The City Council does hereby determine that the assessments set forth in said revised Special Assessment Roll dated March 21, 1996, in the amount of $247,723 59, 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 revised Special Assessment Roll No is hereby approved and confirmed in all respects, effective April 10, 1996, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from December 1, 1996 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, 1997, 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 revised 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 or any part of the assessment without interest or penalty up to December 1, 1996, (5) The first installment shall be spread upon the 1997 City tax roll 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, 1996, 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 29460 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 ($44,244 65), the cost of the reduction in assessable footage for 29127 Grove ($2,996 09), and 100% of drainage costs ($80,500 00) for a total amount of$127,740 74 The following individuals from the audience spoke in opposition to this matter 1) Denny Winegarden - 29181 Grove, 2) Stan Brish, 29161 Grove - representing his sister; 3) Sharon Gast, 16720 Middlebelt, 4) Leon Fortell, Power of Attorney for Irene Smith on Savoie, 5) Earl Sonoc, 29215 Grove, 6) Sharon Bushway, 29127 Grove, 7) Paul McEachern, 29182 Grove - opposed to Alt. III, could be done cheaper; and 8) LeAnn Lamont, 16800 Savoie The following individuals from the audience spoke in favor of the paving 1) Tom Donahue, 16744 Savoie, 2) Richard Stevens, 16702 Savoie, 3) Sue Gress, 16715 Savoie, and 4) Ray Kunik, 16737 Savoie A roll call vote was taken on the foregoing resolution with the following result. AYES Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS Taylor and Duggan The President declared the resolution denied (as six votes were required) On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #367-96 RESOLVED, that the Council does hereby refer the question of what the costs are to maintain an unimproved road as opposed to an improved road (indicating such difference in costs, either on a per foot basis or some other basis) to the Department of Public Works for its report and recommendation On a motion by Brosnan, seconded by McGee, it was 29461 #368-96 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 1996, which sets forth its resolution 1-16-96, adopted on January 30, 1996, with regard to Petition 95-10-1-25, submitted by Oakwood Healthcare System, for a change of zoning of property located on the north side of Seven Mile Road between Bethany Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to P 0 , and the Council having conducted a public hearing with regard to this matter on March 25, 1996, pursuant to Council Resolution 90-96, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Alan Green, 1577 N Woodward Ave , Bloomfield Hills, representing Oakwood Healthcare, indicated several residents were present who wanted to address this matter if the foregoing resolution failed A roll call vote was taken on the foregoing resolution with the following result. AYES Duggan, Feenstra, Brosnan, Vandersloot, and McGee NAYS Taylor and Laura The President declared the resolution adopted On a motion by Brosnan, seconded by Feenstra, and unanimously adopted, it was #369-96 RESOLVED, that the Council does hereby refer the subject of the City's liability and exposure regarding the Stone Consent Judgment in connection with the rezoning request contained in Petition 95-10-1-25 submitted by Oakwood Healthcare System to the Department of Law for its report and recommendation On a motion by Brosnan, seconded by Feenstra, and unanimously adopted, it was #370-96 RESOLVED, that the Council does hereby refer the subject of the timing of the Stone Consent Judgment in connection with the rezoning request contained in Petition 95-10-1-25 submitted by Oakwood Healthcare System to the Department of Law for its report and recommendation On a motion by Taylor, seconded by McGee, it was #371-96 RESOLVED, that the Council does, in accordance with Section 23 01(a) of Zoning Ordinance 543, hereby request that the City Planning Commission conduct a public hearing and thereafter submit its REVISED PAGE 29462-SEE CR #372-96 report and recommendation on the question of whether certain property located on the north side of Seven Mile Road between Bethany Road and Victor Parkway, in the Southeast 1/4 of Section 6, should be rezoned from RUFC to a more appropriate residential zoning classification A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Duggan, Brosnan, and Vandersloot. NAYS Feenstra, McGee, and Laura The President declared the resolution adopted On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #372-96 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 1996, which sets forth its resolution 1-2-96, adopted on January 16, 1996, with regard to Petition 95-12-1-29, submitted by The Kroger Co and High Equity Partners, L.P , for a change of zoning of property located on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road, in the Northwest 1/4 of Section 23, from RUFA to P, and the Council having conducted a public hearing with regard to this matter on March 25, 1996, pursuant to Council Resolution 90-96, the Council does hereby approve Petition 95- 12-1-29 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Feenstra, seconded by Duggan, it was #373-96 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 1996, which sets forth its resolution 1-4-96, adopted on January 16, 1996, with regard to Petition 95-12-1-30, submitted by Gino Silvestri, for a change of zoning of property located on the north side of Ann Arbor Trail between Wayne and Levan Roads in the Southeast 1/4 of Section 32, from RUF to R-C, and the Council having conducted a public hearing with regard to this matter on March 25, 1996, pursuant to Council Resolution 90-96, 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 Taylor, Duggan, Feenstra, Brosnan, and Laura 29463 NAYS Vandersloot and McGee The President declared the resolution adopted On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #374-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 4, 1996, which sets forth its resolution 1-5-96, adopted on January 16, 1996, with regard to Petition 95-12-1-31, submitted by Rudolf J Holz and Clinton J Holz, for a change of zoning of property located on the south side of Beacon Road between Plymouth Road and the CSX Railroad in the Southeast 1/4 of Section 28, from R-5 to R-7, and the Council having conducted a public hearing with regard to this matter on March 25, 1996, pursuant to Council Resolution 90-96, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-12-1-31 is hereby denied for the following reasons 1 That the proposed change of zoning is contrary to the developing character of the area, 2 That the proposed change of zoning will provide for a significant increase in density in the area which is predominantly single family residential oriented, 3 That the proposed change of zoning is incompatible to and not in harmony with the adjacent residential uses in the area On a motion by Feenstra, seconded by Taylor, it was WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Action Distributing Company, Inc., dated October 27, 1995, covering a new reclamation center to be located within City of Livonia Industrial Development District No 60, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Action Distributing Company, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing 29464 having in fact been conducted at 7 00 p m , Monday, April 1, 1996, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Action Distributing Company, Inc., finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P A. 1974, s amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Action Distributing Company, Inc. covering a new reclamation center to be located within the City of Livonia Industrial Development District No 60, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates On a motion by Duggan, it was RESOLVED, that the Council does hereby determine to substitute a resolution which would approve the application for a facilities exemption certificate for Action Distributing Company, Inc. for a period of six (6) years in lieu of the foregoing resolution for twelve (12) years The motion to substitute failed for lack of support. Mayor Kirksey addressed this matter and stated that the applicant was one of Livonia's finer corporate citizens He asked that if the Council approved the application, that some form of official recognition from Livonia be sent to the State regarding the applicant's failure to meet certain deadlines 29465 Brian Crilley, the Controller for Action Distributing, stated he appreciated the support of the Mayor and Council, and that he hoped this support would continue A roll call vote was then taken on the originally proposed resolution by Feenstra, seconded by Taylor, with a modification, as follows # 375-96 WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Action Distributing Company, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Monday, April 1, 1996, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Action Distributing Company, Inc., finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P A. 1974, s amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Action Distributing Company, Inc. covering a new reclamation center to be located within the City of Livonia Industrial Development District No 60, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates 29467 therewith on the next general tax roll, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was #377-96 RESOLVED, that having considered a communication from Councilmember Brian Duggan, dated March 22, 1996, which requests the establishment of an "Adopt-A-Park" program of corporate sponsorship in exchange for recognition of the sponsor, the Council does hereby refer this matter to the Parks and Recreation Commission for its report and recommendation On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was #378-96 RESOLVED, that having considered a communication from Councilmember Brian Duggan, dated March 22, 1996, which requests the establishment of a concerted training program to create an "Advanced Life Support" program within the Livonia Fire Department, the Council does hereby refer this matter to the Fire Chief for his report and recommendation On a motion by Duggan, seconded by McGee, and unanimously adopted, it was #379-96 RESOLVED, that having considered a communication from Councilmember Brian Duggan, dated March 22, 1996, which requests the re-deployment of patrol cars into neighborhoods for greater protection and visibility, the Council does hereby refer the subject of the feasibility of such a program within the Livonia Police Department to the Chief of Police for his report and recommendation On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #380-96 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 29468 On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #381-96 RESOLVED, that having considered a letter from the Livonia Jaycees, received in the Office of the City Clerk on April 10, 1996, which requests permission to display signs announcing a Jaycees carnival to be held on Thursday, May 2, 1996, through Sunday, May 5, 1996, at the Dickinson Center located at 18000 Newburgh, which signs are to be 22" x 28" in size and which will be displayed at all major intersections in the City from April 25, 1996, and to be removed no later than May 10, 1996, the Council does hereby grant and approve this request in the manner and form herein submitted During the audience communication portion of the meeting, Michael Rourke, 35540 Ann Arbor Trail, questioned the outcome of the rezoning on Ann Arbor Trail (Petition 95-12-1-30), to which he was told the resolution adopted was to send this matter to the Committee of the Whole On a motion by Brosnan, seconded by Taylor, and unanimously adopted, this 1,318th Regular Meeting of the Council of the City of Livonia was adjourned at 10 38 p m , April 10, 1996 A dad/ J -n McCotter, City Clerk