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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-05-08 29494 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 8, 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 Feenstra delivered the invocation Roll was called with the following result. Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Gerald Taylor, Brian Duggan, and Joe Laura Absent. Michael P McGee (out of town on business) 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, Michael T Slater, Finance Director; Linda McCann, Director of Community Resources, and Robert J Beckley, Director of Public Works Bruce Rosa, Scout Master, and the Boy Scouts of Troop 1045 from Farmington Hills, ages 12 and 13, were acknowledged at the meeting The scouts were working on a communications badge On a motion by Taylor seconded by Brosnan, and unanimously adopted, it was #420-96 RESOLVED, that the minutes of the 1,319th Regular Meeting of the Council of the City of Livonia, held April 24, 1996, are hereby approved as submitted At the direction of the Chair, Items 26a and 44 were removed from the Agenda (due to Councilmember McGee's absence) and are to be placed on the Regular Meeting Agenda of May 22, 1996 During the audience communication portion of the meeting, Michael Driscoll, 19229 Shadyside, indicated he was disappointed at the way the Committee of 29495 the Whole meeting was conducted regarding the subject of the term limits ordinance, and Ralph Williams, 18630 Foch, addressed the topic of the City's solid waste contract with Waste Management. He indicated that since this matter would be coming up shortly for new bids that the Council should investigate prices other communities are paying for this service Mayor Kirksey indicated that the next City Newsletter coming out in June would contain information pertaining to Mr William's concerns and the City's various waste programs On a motion unanimously introduced, seconded and adopted, it was #421-96 WHEREAS, the Kids Count in Michigan Report conducted by the Michigan League for Human Services and Michigan State University verifies that an increasing and substantial number of children in Wayne, Oakland and Macomb counties are at risk as a result of poverty and hunger; and WHEREAS, poverty adversely affects birth weight, child deaths, abuse and neglect, education and the general health of children, and those of us who do not know hunger have a responsibility to feed the hungry; and WHEREAS, the National Association of Letter Carriers (NALC) is sponsoring the fourth National Food Drive Day on Saturday, May 11, 1996, with the NALC Branch One in the City of Livonia participating, and WHEREAS, the cost of inaction is too high, particularly in the face of many negative outcomes for children which are preventable NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Council of the City of Livonia fully endorse and support the National Association of Letter Carriers Food Drive, and publicly advocate that the residents of Livonia, Michigan leave non-perishable food at their mailboxes on Saturday, May 11, 1996, and that the City of Livonia proclaims Saturday, May 11, 1996, as National Association of Letter Carriers Food Drive Day Councilmember Feenstra recognized City Channel 8 cameraman Richard Arthur, who was named this past week as "Volunteer of the Year " 29496 A communication from the Department of Finance, dated April 18, 1996, re forwarding various financial statements of the City of Livonia for the month ending March 31, 1996, was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Brosnan, it was #422-96 RESOLVED, that having considered an application from Alice Melat-Liston, 30537 Jeanine, dated April 10, 1996, requesting permission to close Jeanine, between Sunset and Hillcrest, on Saturday, June 1, 1996, from 4 00 p m to 8 30 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #423-96 RESOLVED, that having considered an application from Terry Lambert, 33051 Perth, dated April 15, 1996, requesting permission to close Perth Street, between 33051 and 32923 Perth, on Saturday, July 13, 1996, from 1 00 p m to 9 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, July 20, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #424-96 RESOLVED, that having considered Petition 96-4-3-2, submitted by Kevin D Hewitt, dated April 4, 1996, wherein a request is submitted for the vacating of a portion of a certain 20' easement located on Lot 82, Heatherlea Drive, in the Caliburn Estates Subdivision No 2, known as Woodbury Park Subdivision, in the Northwest 1/4 of Section 8, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance A communication from Carol Gibson, General Manager of Time Warner Cable of Livonia, dated April 15, 1996, re submitting the twelfth annual report of same was received and placed on file for the information of the Council #425-96 RESOLVED, that having considered a communication from James M Inglis, Executive Director of the Housing Commission, dated April 23, 1996, approved for submission by the Mayor, regarding the current and future need of senior citizen housing and possible location of sites for the future development of such housing in the City of Livonia, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation 29497 #426-96 RESOLVED, that having considered the report and recommendation of the Livonia Cable Television Commission, dated April 16, 1996, which bears the signature of the Finance Director and the Director of Community Resources, and is approved for submission by the Mayor, and which transmits Livonia Cable Television Commission resolution 246-96 adopted on April 8, 1996, regarding recommended proposed vendors to conduct a needs assessment and performance review in connection with the cable television franchise renewal process, the Council does hereby concur in the recommendation of the Livonia Cable Television Commission and does hereby direct that interviews shall be conducted with representatives from River Oaks Communications Corporation, 105 East Vermijo, Suite 600, Colorado Springs, Colorado 80903, and Rice, Williams Associates, 601 Pennsylvania Avenue, N W , Suite 900, Washington, DC 20004, in order to select the most qualified vendor to perform such services, FURTHER, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A communication from the Division of Fire, dated April 8, 1996, re forwarding a report and recommendation with regard to home businesses and the Firefighter Right-to-Know (RTK) Program was received and placed on file for the information of the Council (CR 211-96 and CR 280-96) #427-96 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 8, 1996, approved for submission by the Mayor regarding home businesses, the Council does hereby refer this subject to the Inspection Department to insure that the recommendations listed therein be coordinated with other enforcement efforts to be conducted with respect to home occupations #428-96 RESOLVED, that having considered the report and recommendation of the City Librarian, dated April 16, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding the establishment of a temporary classification of Substitute Librarian at the hourly wage of $12 50 per hour, such hourly rate to increase to $13 50 after 100 hours of service, with no benefits and no seniority rights attached to this classification, which proposal was approved by the Civil Service Commission at its meeting of April 11, 1996, the Council does hereby approve and concur in the establishment of the temporary classification of Substitute Librarian which shall have an hourly rate as hereinbefore set forth, with no benefits and no seniority rights 29498 #429-96 RESOLVED, that having considered a communication from the Planning Director, dated April 22, 1996, wherein it is requested that Council Resolution 204-96 be amended to cite the correct section of the Zoning Ordinance, the Council does hereby amend and revise Council Resolution 204-96 so as to have the same read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated February 22, 1996, which transmits its resolution 2-24-96, adopted on February 13, 1996, with regard to Petition 96-1-2-1, submitted by V C Inc. requesting waiver use approval to utilize an SDM license in connection with a store located on the north side of Six Mile Road between Dolores Drive and Inkster Road in the Southeast 1/4 of Section 12, which property is zoned PO-Ill (currently petitioned to C-2), the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-1-2-1 is hereby approved and granted, FURTHER, the Council does hereby waive the 500' limitation set forth in Section 11 03(r)(1) of the Zoning Ordinance with respect to this item #430-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 20, 1995, and the report and recommendation from the Chief of Police, dated April 3, 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 V C , Inc for a new SDM license to be located at 27428 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 #431-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 9, 1996, and the report and recommendation of the Chief of Police, dated April 22, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Ericsson, Inc., Private Radio Systems, 4000 Towncenter, Suite 610, Southfield, Michigan 48075, for the purchase and installation of a new radio communication system to be utilized by the Police, Fire, and Department of Public Services Divisions, for the sum of $1,917,006 72, the same having been in fact the lowest bid received and meets all specifications, and the bid of Motorola is hereby rejected for the reasons indicated in the attachment; FURTHER, the Council does hereby appropriate a sum not to exceed $420,000 00 from accumulated E-911 surcharges collected to date, with the balance of the project costs to be funded through installment purchase financing to be repaid by collection of future E-911 surcharges for this purpose, and the Chief of Police is hereby authorized to approve any minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized 29499 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, FURTHER, the Council does hereby authorize the Finance Director to solicit quotes from local banks to obtain the necessary installment purchase financing A communication from the Office of the Mayor, dated April 11, 1996, re the investigation of an incident on Saturday, March 30, 1996, at Mt. Hope Cemetery regarding illegal discharge of firearms was received and placed on file for the information of the Council (CR 307-96) #432-96 RESOLVED, that having considered a communication from the Mayor, dated April 16, 1996, wherein he has requested approval of the appointment of Dennis Kujawa, 14869 Park, Livonia, Michigan 48154, to the Livonia Plymouth Road Development Authority as a resident member at large for a four-year term expiring May 16, 2000, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such appointment provided that he takes the Oath of Office as required in Section 2, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #433-96 RESOLVED, that having considered a communication from the Mayor, dated April 18, 1996, wherein he has requested approval of the appointment of Donald A. Gelinas, 36200 Plymouth Road, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2000, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such appointment provided that he takes the Oath of Office as required in Section 2, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #434-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 17, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc , 487 W Division Street, Sparta, Michigan 49345, for supplying the Public Service Division (Whispering Willows, Idyl Wyld, and Fox Creek Golf Course Sections) with three (3) 3-reel riding greensmowers, for the net price of$36,857 00, based on a total price of $39,357 00 less trade-ins of $2,500 00, the same having been in fact the lowest bid received and meets all specifications 29500 #435-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 17, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Lawnmower, Inc., 34955 Plymouth Road, Livonia, Michigan 48150, for supplying the Public Service Division (Whispering Willows and Fox Creek Golf Course Sections) with two (2) turf vehicles (18 HP), for the net price of $14,250 00, based on a total price of $14,650 00 less trade- ins of $400 00, the same having been in fact the lowest bid received and meets all specifications #436-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 17, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Lawnmower, Inc., 34955 Plymouth Road, Livonia, Michigan 48150, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) 4-wheel drive hydraulic mower, for the net price of $22,375 00, based on a total price of$23,375 00 less trade-in of $1,000 00, the same having been in fact the lowest bid received and meets all specifications #437-96 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 10, 1996, approved for submission by the Mayor, and to which is attached (as Exhibit A) a summary of quotes received for the lease purchase of copy machines for various City departments, the Council does hereby authorize the lease of Lanier copy machines from Lanier Worldwide, Inc., 38701 W Seven Mile Road, Suite 260, Livonia, Michigan 48152, for a 48- month period for amounts, items and prices indicated under Option B on the aforementioned Exhibit A, at the end of which time title to the copiers will be transferred to the City; FURTHER, the Council does hereby authorize the said action herein without competitive bidding in accordance with Section 3 04 140DE of the Livonia Code of Ordinances, as amended #438-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 18, 1996, which bears the signatures of the Finance Director and the City Engineer, and is approved for submission by the Mayor, submitted pursuant to Council Resolution 327-95, with respect to the Milburn Avenue Realignment Project and the acquisition of vacant land located at 30496 Plymouth Road (Toma and George Palushaj), the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation #439-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 18, 1996, which bears the signatures of the Finance Director and the City Engineer, and is 29501 approved for submission by the Mayor, submitted pursuant to Council Resolution 327-95, with respect to the Milburn Avenue Realignment Project and the acquisition of right-of-way located at 30499 Plymouth Road (Peter Ventura), the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation #440-96 WHEREAS, condemnation proceedings are periodically undertaken by the City of Livonia in connection with various public improvements, and WHEREAS, the City of Livonia is currently engaged in a lengthy and complex condemnation case in connection with a large grade separation project involving City, County and federal participation, and WHEREAS, the City of Livonia has experienced certain delays and costs in this ongoing condemnation case which are attributable in large measure to the existing provisions of Act 87, the Uniform Condemnation Procedures Act, and WHEREAS, SB 778 would have a beneficial impact on local units of government by helping reduce the cost of acquiring property for government projects and alleviating the frustrating and needlessly costly effects of current condemnation law; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia does hereby take this means to indicate its support of SB 778 and to urge passage of this important legislation to control increased municipal costs associated with condemnation actions, FURTHER, the City Clerk is hereby requested to send a copy of this resolution to Governor Engler, State Senator R Robert Geake, State Representatives Lyn Banks and Gerald Law, the Council of Western Wayne and the Michigan Municipal League #441-96 RESOLVED, that Biltmore Properties, 2025 W Long Lake Road, Suite 104, Troy, MI 48098, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Caliburn Manor Subdivision No 3, to be located south of Seven Mile Road, west of Newburgh Road, in the Northeast 1/4 of Section 7, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated May 17, 1995, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on May 2, 1995, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated April 19, 1996, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions 29502 (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory 29503 installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts A. General Improvement Bond $475,000 00 of which at least $ 10,000 00 shall be in cash B Sidewalk Bond $ 62,000 00 of which at least $ 5,000 00 shall be in cash C Grading & Soil Erosion $ 5,000 00 all cash D Landscaping $ 12,000 00 of which at least $ 3,000 00 shall be in cash E Monuments & Lot Markers $ 1,735 00 (all cash) and require cash payments in the total amount of $40,430 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision #442-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 9, 1996, approved 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 10" storm sewer to be constructed in connection with the development of an office building site located at 15622 and 15624 Farmington 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 15 I f of 10" storm sewer within the Farmington Road right-of-way in connection with the development of the aforementioned site located on the east side of Farmington Road in the Southwest 1/4 of Section 15, (See attached letter from Aldo Abate indicating his willingness to reimburse the City for any such maintenance that may become necessary), and 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 29504 #443-96 RESOLVED, that the Council does hereby refer the subject of the "saw cut" on Fairfield Avenue, north of Six Mile Road (approximately 600' from the intersection), to the Engineering Department for its report and recommendation A roll call vote was taken on the foregoing resolutions with the following result: AYES Feenstra, Brosnan, Vandersloot, Taylor, Duggan, and Laura NAYS None On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #444-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 16, 1996, submitted pursuant to Council Resolution 421-95, with respect to the matter of insuring that the State meets it obligations according to the Headlee Amendment and avoids "unfunded mandates," the Council does hereby determine to take no further action with respect to this matter On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #445-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 16, 1996, submitted pursuant to Council Resolution 421-95, with respect to the matter of insuring that the State meets it obligations according to the Headlee Amendment and avoids "unfunded mandates," the Council does hereby direct that the subject matter of State obligations under the Headlee Amendment and the avoidance of "unfunded mandates" shall remain in the City of Livonia MML Legislative Coordinators Caucus Agenda On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #446-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 16, 1996, submitted pursuant to Council Resolution 867-95, with respect to the matter of the possible amendment of Section 050 of Chapter 4, Title 2 (Meetings - Order of Business) of the Livonia Code of Ordinances, as amended, regarding possible changes to rules and procedure pertaining to audience communication, the Council does hereby request that the Department of Law issue a legal opinion responding to the following 29505 question Are the practices utilized by the cities of Ann Arbor and Farmington Hills for Audience Communication in accordance with the Open Meetings Act? On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #447-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 16, 1996, submitted pursuant to Council Resolution 867-95, with respect to the matter of the possible amendment of Section 050 of Chapter 4, Title 2 (Meetings - Order of Business) of the Livonia Code of Ordinances, as amended, regarding possible changes to rules and procedure pertaining to audience communication, the Council does hereby request that the Department of Law issue a legal opinion responding to the following question Does a person have a lawful right to speak an unlimited number of times on the same agenda item, and, with respect to the applicable provisions in the Livonia Code of Ordinances, does such individual have the lawful right to speak more than one time on one particular issue during Audience Communication? On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #448-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 16, 1996, submitted pursuant to Council Resolution 43-96, and the report and recommendation of the Department of Law, dated January 16, 1996, with respect to the subject of adherence to notice requirements as set forth in the Open Meetings Act, the Council does hereby refer the subject of the procedures utilized by the City Clerk's Office to insure compliance with the notice requirements set forth in the Open Meetings Act to the City Clerk for a report and recommendation On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #449-96 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated April 17, 1996, submitted pursuant to Council Resolutions 58-89 and 1163-89, regarding the matter of sidewalks being installed on school property and the question of the apportionment of costs of said sidewalk installation, the Council does hereby determine to take no further action with respect to this matter 29506 Ona motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #450-96 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated April 17, 1996, submitted pursuant to Council Resolution 495-91, regarding the matter of school participation in the cost involved for traffic signal modernization, the Council does hereby determine to take no further action with respect to this matter On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #451-96 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated April 17, 1996, submitted pursuant to Council Resolution 153-93, regarding the subject of cost sharing and traffic problems in the immediate area of Stevenson High School, the Council does hereby refer the matter of possible improvement of the Stevenson High School traffic flow and Newburgh Road, south of Five Mile Road near Ladywood High School, to the Traffic Commission for its report and recommendation On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #452-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 22, 1996, submitted pursuant to Council Resolution 431-95, concerning "Agenda Livonia 1995" and the matter of establishing a Livonia Community Foundation, the Council does hereby determine to take no further action with respect to this matter The 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 29507 (Supplemental Information dated November 30, 1995), prepared by Plante & Moran, LLP, were received and placed on file for the information of the Council (CR 318-96) On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #453-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated April 23, 1996, submitted pursuant to Council Resolution 318-96, the Council does hereby refer the subject of procedures relating to receipt of cash by the City to the Director of Finance for a report and recommendation Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 93-11-3-5) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 7 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 95-5-1-11) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, Brosnan, Vandersloot, Taylor, Duggan, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 29508 From the audience, Tom Malcolm, 38952 Reo Drive, thanked the Council and Mayor for their involvement in the aforementioned rezoning (he lives in Quakertown Subdivision) On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #454-96 RESOLVED, that the Council does hereby refer to the Streets, Roads and Plats Committee for its report and recommendation the subject of the closure of Quakertown Lane approximately 300' from the intersection of Meetinghouse Lane Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 14 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 95-9-1-20) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Brosnan, Vandersloot, Taylor, Duggan and Laura NAYS Feenstra The President declared the foregoing Ordinance duly adopted, and would become effective on publication Vandersloot took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 9 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 95-10-1-21) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Brosnan, Vandersloot, Taylor, Duggan and Laura NAYS Feenstra 29509 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 8 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 95-10-1-22) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Vandersloot, Taylor, Duggan and Laura NAYS Feenstra The President declared the foregoing Ordinance duly adopted, and would become effective on publication From the audience, Andrew Pastir, 18262 Golfview, commented on the work that needed to be done to make Denmar Park a nature preserve and was interested in the report from Public Service re CR 237-96 Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 20 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 95-10-1-23) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Vandersloot, Taylor, Duggan and Laura NAYS Feenstra 29510 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 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE Ill OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 95-10-1-24) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Brosnan, Vandersloot, Taylor, Duggan and Laura. NAYS Feenstra The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #455-96 RESOLVED, that the Council does hereby refer the Nature Preserves (NP) ordinance language to the Legislative Committee for its report and recommendation On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #456-96 RESOLVED, that having considered a communication from Scott C Dziadosz, received in the Office of the City Clerk on April 18, 1996, requesting to purchase City-owned property located at 9864 Stark (Wayne County Parcel Number 129-01-0092-003), the Council does hereby refer this matter to the Department of Law for its report and recommendation On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was 29511 #457-96 RESOLVED, that the Council does hereby request that the Inspection Department solicit quotes for the possible demolition of the home located on City-owned property at 9864 Stark Road in accordance with the provisions of City ordinance and law, subject to final approval by the Council prior to commencement of demolition On a motion by Taylor, seconded by Duggan, it was RESOLVED, that having considered a communication from Charles G Tangora on behalf of Exhibit Works, Inc , dated April 18, 1996, which transmits an offer to purchase an additional 14,250 square feet of vacant land owned by the City of Livonia, located adjacent to and immediately south of the land previously authorized to be sold to Exhibit Works, Inc. in Council Resolution 796-95 (which land is located to the west of Exhibit Works, Inc. buildings on Merriman Road), the Council does hereby accept the offer to purchase such additional City-owned property submitted by Exhibit Works, Inc , 13211 Merriman Road, Livonia, Michigan, the description of which is as follows The South 350 feet of the North 780 feet of the West 150 feet of the East 975 feet of the South 1/2 of the N E. 1/4 of Section 27, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan (Part of #105-99-0043-004) and That part of a vacated public right-of-way commonly known as Industrial Road being more particularly described as follows The East 150 feet of a parcel of land in the N E 1/4 of Section 27, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as follows. Beginning at the center 1/4 corner of Section 27, T 1 S , R. 9 E and proceeding thence N 0°26'20" E , 49 50', thence along the N line of the C & 0 Railroad right-of-way, S 89°29'50" E., 860 88', thence N 0°07'33" W , 494 93' to the point of beginning of the parcel herein described, thence S 89°29'50" E , 977 36', thence N 0°07'30" W , 30 00', thence N 89°29'50" W , 977 36', thence S 0°07'30" E , 30 00' to the point of beginning, containing 0 673 acres FOR THE ADDITIONAL SUM OF $14,000, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community and in accordance with Section 3 05 090(a) of the Livonia Code of Ordinances, as amended, and the Department of Law is hereby requested to prepare and place in proper form such legal 29512 documents as may be necessary to consummate this transaction in conjunction with the sale of adjacent land previously authorized in Council Resolution 796-95, and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a Quit Claim Deed for the entire parcel (total purchase price of which shall be $57,000 00) and such other documents as may be necessary or incidental to fulfill the purpose of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Duggan, and Laura. NAYS Feenstra, Brosnan, and Vandersloot. The President declared the resolution denied On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #458-96 RESOLVED, that having considered a communication from Charles G Tangora on behalf of Exhibit Works, Inc , dated April 18, 1996, which transmits an offer to purchase an additional 14,250 square feet of vacant land owned by the City of Livonia, located adjacent to and immediately south of the land previously authorized to be sold to Exhibit Works, Inc in Council Resolution 796-95 (which land is located to the west of Exhibit Works, Inc. buildings on Merriman Road), the Council does hereby refer the question of whether the administration is in concurrence with the proposed sale to the Mayor for a report and recommendation On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #459-96 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 report and recommendation on the question of whether the additional 14,250 square feet of vacant land owned by the City of Livonia, located adjacent to and immediately south of the land previously authorized to be sold to Exhibit Works, Inc. in Council Resolution 796-95 (which land is located to the west of Exhibit Works, Inc. buildings on Merriman Road) should be rezoned from PL to a more appropriate zoning classification, such as M2 29513 On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #460-96 RESOLVED, that having considered a communication from Charles G Tangora on behalf of Exhibit Works, Inc , dated April 18, 1996, requesting to purchase an additional 14,250 square feet of vacant land owned by the City of Livonia, located adjacent to and immediately south of the land previously authorized to be sold to Exhibit Works, Inc in Council Resolution 796-95 (which land is located to the west of Exhibit Works, Inc. buildings on Merriman Road), the Council does hereby refer the subject of the vacating of a certain street located at the south end of the subject property to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was #461-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 16, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize Waste Management of Michigan-Detroit North, 19200 W Eight Mile Road, Southfield, Michigan 48075, to receive waste at the Woodland Meadows facility and to provide for the composting of yard waste at the tipping rate of $5 95 per cubic yard for the period April 8, 1996, to September 30, 1996, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No 205-527-818-030 for this purpose, 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 firm and to do all things necessary or incidental to the full performance of this resolution From the audience, Ralph Williams, 18630 Foch, asked the Council to obtain competitive bids regarding the aforementioned yard waste composting matter On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #462-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 19, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits a proposed agreement between the City of Livonia and Mid- 29514 Michigan Recycling, LC , Fairlane Plaza South, 330 Town Center Drive, Suite 1000, Dearborn, Michigan 48126-2712, to establish a Wood Waste Receiving/Recycling Yard on City property adjacent to the Drop-Off Recycling Center on Glendale Avenue, the Council does hereby take this means to approve such proposed pilot Wood Waste Recycling Yard project in the manner and form indicated in the aforesaid communication, and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute such agreement subject to approval as to form by the Department of Law On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #463-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 19, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding the proposed establishment of a Wood Waste Receiving/Recycling Yard on City property adjacent to the Drop-Off Recycling Center on Glendale Avenue, the Council does hereby refer the subject of existing procedures regarding brush pickup and possible coordination of such activities with the proposed pilot Wood Waste Recycling Yard project to the Department of Public Works for its report and recommendation On a motion by Taylor, seconded by Vandersloot, it was #464-96 RESOLVED, that the Council does hereby request that the administration explore the subject of a possible amendment to the Compost Ban Law with the City's lobbyist to allow for an exception therein to enable the City to utilize its Type Ill landfill for disposal of yard waste A roll call vote was taken on the foregoing resolution with the following result. AYES Brosnan, Vandersloot, Taylor, Duggan, and Laura NAYS Feenstra The President declared the resolution adopted On a motion by Vandersloot, seconded by Duggan, it was #465-96 RESOLVED, that having considered a communication from Councilmember Val Vandersloot, dated April 19, 1996, concerning possible dangerous traffic conditions on Seven Mile Road between Levan and Wayne Roads, the Council does hereby refer this item to the Traffic Commission for its report and recommendation 29515 A roll call vote was taken on the foregoing resolution with the following result. AYES Brosnan, Vandersloot, Taylor, Duggan, and Laura NAYS Feenstra The President declared the resolution adopted On a motion by Vandersloot, seconded by Duggan, it was #466-96 RESOLVED, that having considered a communication from Councilmember Val Vandersloot, dated April 19, 1996, concerning possible dangerous traffic conditions on Seven Mile Road between Levan and Wayne Roads, the Council does hereby refer the subject of the traffic conditions on Seven Mile Road between Levan and Newburgh Roads to the Traffic Commission for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result. AYES Brosnan, Vandersloot, Taylor, Duggan, and Laura. NAYS Feenstra The President declared the resolution adopted On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was #467-96 RESOLVED, that having considered a communication from Councilmember Val Vandersloot, dated April 19, 1996, concerning possible dangerous traffic conditions on Seven Mile Road between Levan and Wayne Roads, the Council does hereby refer the subject of increasing the priority of improvements on Seven Mile Road from Haggerty to Wayne Roads to the Engineering Department for its report and recommendation Duggan left the podium at 9 20 p m in order to avoid a perceived impropriety regarding the next Agenda item On a motion by Feenstra, seconded by Taylor, it was #468-96 RESOLVED, that Soave Building, Inc., 34822 Pembroke, Livonia, MI 48152, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Parkside Estates Subdivision, to be located on the north side of Ann Arbor Trail between Stark Road and Farmington Road in the Southeast 29516 1/4 of Section 33, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated December 20, 1995, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on November 28, 1995, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated April 22, 1996, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16.24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council 29517 shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts A. General Improvement Bond $343,000 00 of which at least $ 10,000 00 shall be in cash B Sidewalk Bond $ 30,000 00 of which at least $ 5,000 00 shall be in cash C Grading & Soil Erosion $ 2,500 00 all cash D Entrance Marker/Landscaping $ 7,500 00 of which at least $ 3,000 00 shall be in cash E Monuments & Lot Markers $ 1,235 00 all cash and require cash payments in the total amount of $26,490 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Vandersloot, Taylor, and Laura. NAYS None The President declared the resolution adopted On a motion by Taylor, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the City Engineer and the Public Utility Manager, dated April 25, 1996, which bears the signature of the Finance Director 29518 and is approved for submission by the Mayor, in connection with additional work requested to be performed as part of the Beacon Road Paving (Contract 96-B), previously authorized in Council Resolution 164- 96, the Council does hereby authorize the Engineering Department to execute a change order in the amount of $15,815 00 for extension of an existing sanitary sewer in Stark Road, easterly approximately 60 feet, to be included under Contract 96-B, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $15,815 00 from Account No 592-158-000 for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, it was RESOLVED, that the Council does hereby offer a substitute resolution which would share costs of the sanitary sewer extension with a third party in lieu of the foregoing resolution The President declared the motion to substitute failed for lack of support. Duggan returned to the podium at 9 22 p m From the audience, Rudolph Holz addressed this matter on behalf of his son, Clinton, who would like the sewer extended an extra 200 feet so that his home at 34015 Beacon could be hooked up to it A roll call vote was then taken on the originally proposed resolution offered by Taylor, seconded by Brosnan, as follows #469-96 RESOLVED, that having considered the report and recommendation of the City Engineer and the Public Utility Manager, dated April 25, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, in connection with additional work requested to be performed as part of the Beacon Road Paving (Contract 96-B), previously authorized in Council Resolution 164- 96, the Council does hereby authorize the Engineering Department to execute a change order in the amount of $15,815 00 for extension of an existing sanitary sewer in Stark Road, easterly approximately 60 feet, to be included under Contract 96-B, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $15,815 00 from Account No 592-158-000 for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended with the following result 29519 AYES Feenstra, Brosnan, Vandersloot, Taylor, Duggan, and Laura. NAYS None The President declared the resolution adopted On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #470-96 RESOLVED, that having considered a communication from the City Planning Commission, dated February 29, 1996, which sets forth its resolution 2-25-96 adopted on February 13, 1996, with regard to Petition 95-10-6-10, submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 2 06(6) of the Zoning Ordinance so as to change the definition of a front line as it regards corner lots, and the Council having conducted a public hearing with regard to this matter on April 22, 1996, pursuant to Council Resolution 208-96, the Council does hereby approve Petition 95-10-6-10 for preparation of the ordinance for submission to Council, and 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, and unanimously adopted, it was #471-96 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 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 April 22, 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 davitt poles with underground wiring in the Orangelawn Woods Subdivision No 2, 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 February 26, 1996, 29520 (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 17 thru 40, both inclusive, in Orangelawn Woods Subdivision No 2 as recorded in Liber 109, Pages 14 and 15, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 33, T 1 S , R. 9 E , 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 February 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 On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #472-96 RESOLVED, that having considered a communication from the City Treasurer, dated May 3, 1996, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Treasurer's letter dated May 3, 1996, is included herein by reference, which work was done pursuant to Council Resolution 350-95 and in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby pursuant to the provisions of Section 3 08 150 of the Livonia 29521 Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments, FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable 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 Feenstra, seconded by Duggan, and unanimously adopted, it was, #473-96 RESOLVED, that having considered a communication from the Department of Law, dated April 16, 1996, transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement, dated March 22, 1996, executed by F Patrick Devine, Ka-De Investments, L L C , to the City of Livonia, for Water Main Easement The South 12 feet of the West 15 feet of the following parcel of land The West 165 0 feet of the East 363 0 feet of the South 198 0 feet of the N E 1/4 of Section 21, T 1 S , R. 9 E , Livonia Township, (now City of Livonia), Wayne County, Michigan, excluding the South 43 feet taken for Right-of-Way (Sidwell No 081-99-0032- 000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution 29522 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #474-96 RESOLVED, that having considered a communication from the Department of Law, dated April 16, 1996, transmitting for Council acceptance a Quit Claim Deed, more particularly described as Quit Claim Deed dated March 1, 1996, executed by Caliburn Development Limited Partnership, a Michigan limited partnership, to the City of Livonia, for Part of the N W 1/4 of Section 8, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the East line of Newburgh Road (120' wide) said point being South 89°06'42" East 60 01 feet and South 00°00'04" East 528 01 feet from the Northwest corner of Section 8 and proceeding thence South 58°35'25" East 476 45 feet to the Southwest corner of Caliburn Estates Sub No 1 as recorded in Liber 104, Pages 42 and 43 of Plats, Wayne County Records (The next seven courses are along the boundary lines of Caliburn Estates Sub No 1), thence South 58°35'25" East 234 60 feet, thence due East 180 00 feet; thence South 71°33'54" East 189 74 feet, thence due South 90 00 feet, thence due East 147 79 feet, thence along a curve to the Left Radius 110 00 feet Central Angle 56°57'22" an arc distance of 109 35 feet and whose chord bears South 61°31'19" East 104 90 feet, thence due East 49 92 feet to the Southeast corner of Caliburn Estates Sub No 1, thence South 00°08'48" West 198 74 feet, thence North 89°51'12" West 202 59 feet; thence North 65°00'00" West 510 18 feet, thence South 89°59'56" West 223 63 feet, thence North 19°51'49" East 58 48 feet, thence due North 60 00 feet; thence North 24°09'22" West 65 88 feet; thence North 44°00'10" West 81 81 feet, thence North 68°13'12" West 81 81 feet, thence South 89°59'56" West 227 76 feet; thence North 00°00'04" West 288 89 feet to the point of beginning Containing 6 5851 Acres Subject to easements of record (Part of Sidwell #46-030-99-0003-004) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution 29523 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #475-96 RESOLVED, that the Council does hereby refer to the Planning Commission for its report and recommendation the property located east of Newburgh Road, south of Seven Mile Road, in the Northwest 1/4 of Section 8 in the Caliburn Estates Subdivision No 2 being approximately 6 58 acres, which property has been deeded to the City of Livonia by Quit Claim Deed from Caliburn Development Limited Partnership, for a possible rezoning to the NP (Nature Preserves) classification On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #476-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated April 1, 1996, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of $1,345 12 from the sources indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the same to Account #702-000-285-216 for use in the Senior Citizen Programs On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #477-96 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. On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #478-96 RESOLVED, that the Council does hereby confirm and approve the reappointment of Marvin Walkon to the Livonia Plymouth Road Development Authority for a four-year term which shall expire May Li 6, 2000, as a representative of the business/property owner in the district, provided that he takes the Oath of Office as indicated in Section 2, Chapter X, of the City Charter to be administered by the Office of the City Clerk. 29524 Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 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 95-11-1-26) 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 During audience communication, Ralph Williams, 18630 Foch, asked everyone on the Council to review CR #511-93 with respect to solid waste collection and disposal to see how much money the City was losing with respect to that matter Councilmember Brosnan wished all the Livonia mothers a "Happy Mother's Day " Additionally, Councilmember Taylor wished his brother-in-law a safe journey back home to California On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, this 1,320th Regular Meeting of the Council of the City of Livonia was adjourned at 9 40 p m , May 8, 1996 .itf > J.:n McCotter, City Clerk