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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-03-13 29355 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 13, 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 01 p m Councilmember Vandersloot delivered the invocation Roll was called with the following result. Val Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, and Joe Laura, Absent: None Elected and appointed officials present. Jack E Kirksey, Mayor; H Shane, Assistant City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney; Ann W Tavolacci, Deputy City Clerk, Michael T Slater, Finance Director; Linda McCann, Director of Community Resources, Ronald Reinke, Superintendent of Parks and Recreation, John Fegan, Director of Inspection, Edith Davis, Personnel Director; Chief Michael Murray, Police Department, Angelo Colone, President of the Livonia Police Officers Association, and Al Flores, Zoning Board of Appeals On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #181-96 RESOLVED, that the minutes of the 1,315th Regular Meeting of the Council of the City of Livonia, held February 28, 1996, are hereby approved as amended * *The following matters of the foregoing minutes were amended by Councilmember Feenstra to read as follows On page 29348 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the Council does hereby determine to designate Councilmember Michael P McGee as the City's delegate to the Southeast Michigan Council of Governments, and determines to designate Councilmember Maureen 29356 Miller Brosnan as the City's alternate delegate to the Southeast Michigan Council of Governments on a continuing basis, or until further order of this the Council by Council Resolution On page 29349* #169-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the Council does hereby determine to designate Councilmember Michael P McGee as the City's delegate to the Southeast Michigan Council of Governments, and determines to designate Councilmember Maureen Miller Brosnan as the City's alternate delegate to the Southeast Michigan Council of Governments on a continuing basis, or until further order of this the Council by Council Resolution. Laura and Vandersloot withdrew their motions on the foregoing resolution after having received the City Attorney's opinion advice on this matter On pages 29349 and 29350 #170-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the Council does hereby determine to designate Councilmember Fernon P Feenstra to serve as the Council representative on the Board of Directors of the Livonia Anniversary Committee on a continuing basis, or until further order of this the Council by Council Resolution #171-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, that with regard to the Annual Meeting of the Michigan Municipal Risk Management Authority, the Council does hereby designate the Finance Director, Michael T Slater, as the Official Representative and Voting Representative of the City of Livonia and does further designate Councilmember Valda Vandersloot as the alternate on a continuing basis, or until further order of this the Council by Council Resolution. , and tho ez- t, e On page page 29351 #173-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the Council does hereby designate Councilmember Fernon P Feenstra to be the member of the Council appointed to serve on the Board of Trustees for the Livonia Employees Retirement System on a continuing basis, or until further order of this the Council by Council Resolution 29357 City Attorney Kavanagh introduced Sean F Cox, who was recently appointed by Gov John Engler to the 3rd Judicial Circuit Court in Wayne County to fill the vacancy created by the resignation of Richard C Kaufman The following individuals spoke during audience communication 1) Debbie Sotzen, 18672 Sunset - was upset that yesterday morning 22 apple and pear trees were cut down by the City at Beverly Park. Mayor Kirksey addressed this matter, stating there was a breakdown in judgment/communication with Public Service and assured her that the trees would be replaced 2) Joe Connelly, 32148 Camborne Lane - stated that 2,130 men and women are still missing in action from the Vietnam War, and indicated that this year is the 25th anniversary of the only Livonia Vet still missing in action, Craig Dix. He asked that Livonia residents toast and recognize Craig on St. Patrick's Day On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #182-96 RESOLVED, that the Council refers the matter of replacing trees at Veterans' Park to the Forestry Department. 3) Alan Agnew, 14134 Deering - addressed audience communication procedures and how Sterling Heights had addressed their audience communication regarding discussion, rebuttal, and procedures 4) Michael Driscoll, 19229 Shadyside - spoke to the issue of the Deputy Treasurer 5) Tim Bailey, 9826 Cranston - indicated he wouldn't be surprised if the Council eliminated the audience communication portion of their meetings, and if they did, it would be a shame Maureen Miller Brosnan indicated that over 900 people attended the 22nd Livonia Annual Prayer Breakfast, which was held the morning of March 13, and noted the dates and times of the rebroadcast of this event on Channel 12 A communication from the Department of Law, dated February 21, 1996, re Mattiello v Scott Pohl, Robert Nenciarini, Firefighter James, Firefighter Theisen, Michigan Court of Appeals No 171541 (January 12, 1996), was received and placed on file for the information of the Council 29358 A communication from the Department of Law, dated February 29, 1996, re Tax Abatements - Recent Michigan Court of Appeals Decision Upholding Cities' Veto Power was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Brosnan, it was #183-96 RESOLVED, that having considered an application from Jeanette M Lang, 16723 Ryan, dated February 13, 1996, requesting permission to close Ryan Road from the cul-de-sac at the end of the street to Six Mile Road, on Saturday, May 18, 1996, from 11 00 a m to 7 00 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. #184-96 RESOLVED, that having considered a letter from Jean Carrier, Recording Secretary of the DonneGals, 19801 Farmington Road, Livonia, Michigan 48152, dated February 20, 1996, the Council does hereby take this means to indicate that the DonneGals, a women's auxiliary of the George F Monaghan Knights of Columbus, 19801 Farmington Road, Livonia, Michigan, Wayne County, is recognized by the City of Livonia as a non-profit service organization operating in this community, and that the City of Livonia has no objection to a gaming license or registration being issued to the DonneGals by the Michigan Bureau of State Lottery #185-96 RESOLVED, that having considered Petition 96-2-3-1, submitted by Jeffrey Winkler, President of Winkler Builders, Inc., received by the Office of the City Clerk on February 7, 1996, wherein a request is submitted for vacating of a certain easement located across Lot 213, Sunset Hills Subdivision, 18469 Middlebelt Road, Livonia, Michigan 48152, 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 #186-96 RESOLVED, that having considered a letter from Richard J Wood, representing the Craft Show Committee for the Clarenceville Athletic Boosters Club, dated February 20, 1996, which requests permission to display wire signs announcing the Clarenceville High School Annual Craft Show to be held on Saturday, March 30, 1996, which signs are to be 14" x 22" in size and which will be displayed at all major intersections in the City from March 15, 1996, through March 31, 1996, the Council does hereby grant and approve this request in the manner and form herein submitted #187-96 RESOLVED, that having considered a communication from the Director of Community Resources and the Superintendent of the 29359 Parks and Recreation Department, dated February 26, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, to which is attached a letter from Richard George, President of the International Foundation for Alternating Hemiplegia of Childhood, requesting permission to hold a one-day free concert at Greenmead on Saturday, July 27, 1996, to benefit the International Foundation for Alternating Hemiplegia of Childhood, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 1 That the Foundation and Watts-Up, Inc , as well as all vendors and equipment operators, shall provide the City of Livonia with appropriate insurance policies naming the City of Livonia as additional insured with liability coverage of$1 million, and all certificates of insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2 That the Foundation, Watts-Up, Inc. and any vendors involved in the sale of beer or wine on Greenmead property shall provide the City of Livonia with an insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, such certificate to be submitted to the Department of 3 Law for approval by the City prior to the event; That the Foundation and Watts-Up, Inc. shall execute a hold harmless agreement in favor of the City of Livonia in a manner and form acceptable to the Department of Law; 4 That all vendors must obtain transient merchant licenses from the City of Livonia prior to the event; FURTHER, the Council does hereby determine that this request shall receive a Category 3 application as indicated in the City of Livonia Fees/Waivers IV Category Grid, dated February 8, 1993, as established in Council Resolution 371-93, adopted on May 5, 1993 #188-96 RESOLVED, by the City Council of the City of Livonia, that the annual Spree Fireworks Display be, and hereby is approved for Sunday, June 30, 1996, beginning at 10.00 p m. and that the Wayne County Road Commission is hereby requested to close Farmington Road from Five Mile Road to Schoolcraft Road between the hours of 8.00 p m. and 11 30 p m or until the road is returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, and that Lieutenant Joseph Derscha is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia 29360 A communication from the Inspection Department, dated February 16, 1996, re a report on window signs at Showerman's Party Store, located at 15333 Merriman Road, was received and placed on file for the information of the Council (CR 857-95) A communication from the Inspection Department, dated February 16, 1996, re a report on window signs at Veri's Party Store, located at 34395 Plymouth Road, was received and placed on file for the information of the Council (CR 858-95) A communication from the Inspection Department, dated February 16, 1996, re a report on window signs at Danny's Market, located at 17200 Farmington Road, was received and placed on file for the information of the Council (CR 859-95) A communication from the Inspection Department, dated February 21, 1996, re the request of Jim Kogut to ban pets from City parks to prevent defecation and urination by pets of irresponsible owners on park property was received and placed on file for the information of the Council (CR 667-95) #189-96 RESOLVED, that having considered the report and recommendation of the Inspection Department, dated February 21, 1996, and approved for submission by the Mayor, submitted pursuant to Council Resolution 667-95, with regard to letters received from Jim Kogut, 15415 Susanna Circle, Livonia, Michigan, dated June 12, 1995, and March 4, 1996, requesting that the City ban all pets from City parks to prevent defecation and urination by pets on park property, the Council does hereby refer this subject to the Committee of the Whole for tracking purposes and to study enforcement options #190-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 12, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the low bid which meets specifications of Plymouth Concrete, Inc., 600 Junction Street, Plymouth, Michigan 48170, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 1996, through March 31, 1997, for an estimated total amount of $60,100 00; FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does 29361 hereby accept the second lowest bid which meets specifications of National Ready-Mix, Inc., 39000 Ford Road, Westland, Michigan 48185, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 1996, through March 31, 1997, for an estimated total amount of $60,900 00 #191-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 15, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the low bid which meets specifications of Michigan Chloride Sales, Inc., P 0 Box 147, St. Louis, Michigan 48880, for supplying the Public Service Division (Road Maintenance Section) with liquid calcium chloride delivered and applied to the street at the unit price bid of$280 00 per 1,000 gallons for the period through December 31, 1996, FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second lowest bid which also meets specifications of Liquid Calcium Chloride Sales, Inc., P 0 Box 215, Kawkawlin, Michigan 48631, for supplying the Public Service Division (Road Maintenance Section) with liquid calcium chloride delivered and applied to the street at the unit price bid of$344 00 per 1,000 gallons for the period through December 31, 1996 #192-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 14, 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 (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 1996, through April 30, 1997 1 Nagle Paving Company, 30630 West 12 Mile Road, Suite A, Farmington Hills, Michigan 48334 12WM Asphaltic Concrete - $25 50 per ton 1100 Asphaltic Concrete - $20 15 per ton 2 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti, Michigan 48197 Cold Patch Asphaltic Material - Pave 192, Delivered - $31 24 per ton 16, Cold Patch Material (Q P R. or U P M.), Delivered - $50 50 per ton 29362 FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 1996, through April 30, 1997 1 Angelo's Asphalt Materials, 19300 W 8 Mile Road, Southfield, Michigan 48075 12WM Asphaltic Concrete - $21 50 per ton 2 Asphalt Products Corporation, 27575 Wixom Road, Novi, Michigan 48374 1100 Asphaltic Concrete - $18 50 per ton Cold Patch Asphaltic Material - Pave 192, Delivered - $31 50 per ton Cold Patch Material (Q P R. or U P M ), Delivered - $51 00 per ton #193-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 14, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit bid price of Tom's Landscape Nursery, 4210 Rochester Road, Troy, Michigan 48098, for completing all work required in connection with the City's 1996 Street Tree Planting Program for the estimated total cost of $12,448 00, based upon the Public Service Division's estimate of units involved, and subject to 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; and the Director of Public Works 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. #194-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 14, 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 (Road Maintenance Section) with materials specified at the unit prices bid per ton for the period April 1, 1996, through March 31, 1997 29363 1 Suburban Transport, Inc., 54630 Pontiac Trail, Milford, Michigan 48381 M.DOT - 21A - DTY $500 per ton M.D O T - 21A - S O R. $5 00 per ton M.DOT - 22A - DTY $476 per ton MDOT - 22A - SOR. $476 per ton WCR.0 - 3A - DTY $9 22 per ton M D O T - 25A - DTY (Slag) $9 17 per ton M.DOT - 31A - DTY $819 per ton WCR.0 - 3X - DTY $7 93 per ton WCR.0 - 22X - DTY $508 per ton WCR.0 - 30A - DTY $7 09 per ton MDOT - 9A - DTY $765 per ton M D O T - 9A - S O R. $7 65 per ton W C R.0 - Porous Backfill - Grade B - D TY $5 05 per ton W C R.0 - 2NS - Natural Sand - DTY $4 59 per ton W C R.0 - 2MS - Mortar Sand - D T Y $7 21 per ton 60-40 Washed - Conc. Aggregates - D T Y $7 59 per ton Pea Gravel - DTY $7 34 per ton M D 0 T - 21AA - Limestone $6 04 per ton 2 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150. W C R.0 - Porous Backfill - Grade A - D TY $3 30 per ton 3 Waterland Trucking Service, Inc., 29100 Wixom Road, P 0 Box 930335, Wixom, Michigan 48393 M D 0 T - 25A - DTY (Stone) $9 19 per ton #195-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 16, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is indicated that all work in connection with the contract for repair and rehabilitation of the City Hall annex wall, authorized in Council Resolution 183-95, has been completed in accordance with the approved plans and specifications, the Council does hereby authorize final payment (Application No 4) in the amount of $7,048 07 to be made to Qualified Construction Corporation, 32605 W Twelve Mile Road, Suite 340, Farmington Hills, MI 48334, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $7,048 07 from the Capital Projects Fund (Fund 401) for this purpose. 29364 #196-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Public Utility Manager, dated February 26, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the proposal of Plante & Moran, LLP, 27400 Northwestern Highway, Southfield, Michigan 48037-0307, in the amount of $18,500 00, for completing all telecommunications consulting services described in their proposal dated February 20, 1996, and the Request for Proposals for Telecommunications Consulting Services, the same having been in fact the lowest amount contained in the proposals submitted, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $18,500 00 from funds already budgeted for this purpose in Building Maintenance Capital Outlay Account No 101-447-987-001, and the Director of Public Works 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 company and to do all things necessary or incidental to the full performance of this resolution. #197-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated February 27, 1996, approved for submission by the Mayor, with regard to a proposed amendment adding Section 170 to Title 9, Chapter 32 (Alcoholic Beverages) of the Livonia Code of Ordinances, to provide standards and procedures for objection to renewal or revocation of certain liquor licenses, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation. A communication from the Engineering Department, dated February 20, 1996, re. the condition of the pavement on Curtis west of Middlebelt Road was received and placed on file for the information of the Council (CR 856-95) #198-96 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Housing, dated February 22, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, to which is attached a summary outlining the final allocation of costs in connection with the 1994 Sidewalk Program pursuant to Council Resolution 166-94, the Council does hereby determine as follows a. To establish the final project cost at $429,381 08 of which total $259,157 97 is to be charged to the Single Lot Assessments and $170,223 11 is to be charged to the following City funds $1,350 00 to the General Obligation Road Improvement Bond Issue (Council Resolution 70-94), $2,970 00 to Silver Village, 29365 $49,760 00 to the Major Road Account, and $116,143 11 to the Local Road Account; b To authorize an additional expenditure of $14,110 00 from the Major Road Account and $29,343 11 from the Local Road Account of the Michigan Transportation Fund to cover costs related to the construction of handicap ramps at major and local roads in the different work areas and to cover the administrative costs connected with the City work, and c. To authorize an expenditure of $2,970 00 from Account No 296- 831-987-000 to cover costs related to the Silver Village Improvements as authorized under Council Resolution 314-94 #199-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 20, 1996, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution 406-95, adopted on June 21, 1995, so as to reduce the financial assurances now on deposit with the City for general improvements in Caliburn Estates Subdivision No 2 in the Northwest 1/4 of Section 8 to $2,200 00 cash, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances, including the Sidewalk Bond, now on deposit with the City shall remain the same and unchanged. #200-96 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 Estates Subdivision No 3, to be located south of Seven Mile Road, east of Newburgh Road, in the Northwest 1/4 of Section 8, 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 February 21, 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 29366 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 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 29367 A. General Improvement Bond $621,000 00 of which at least $ 10,000 00 shall be in cash B Sidewalk Bond $102,000 00 of which at least $ 5,000 00 shall be in cash. C Grading & Soil Erosion $ 6,900 00 of which at least $ 2,000 00 shall be in cash. D Entrance Markers & Landscaping $ 25,000 00 of which at least $ 3,000 00 shall be in cash. E Monuments & Lot Markers $ 2,395 00 (all cash) and require cash payments in the total amount of$59,417 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. #201-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 20, 1996, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution 595-95, adopted on August 30, 1995, so as to reduce the financial assurances now on deposit with the City for general improvements in Caliburn Manor Subdivision No 2, located in the Northeast 1/4 of Section 7, to $2,000 00 cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged #202-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 27, 1996, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution 673-94, adopted on September 28, 1994, so as to reduce the financial assurances now on deposit with the City, if any, for general improvements in the Sunset Subdivision, located in the Northwest 1/4 of Section 2, to $5,200 00 cash to assure the completion of remaining general improvements in said subdivision, FURTHER, the Council does hereby authorize the release to Carlesimo Products, Inc., 29800 W Eight Mile Road, Farmington Hills, Michigan 48336, the proprietor of Sunset Subdivision, of the financial assurances now on deposit with the City, if any, for road restoration in the amount of $250,000 00, such action herein being taken for the reasons indicated in the aforementioned report of the City Engineer which indicates that there was no damage to the surrounding street systems during construction, FURTHER, all other 29368 financial assurances now on deposit with the City shall remain the same and unchanged #203-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 21, 1996, approved for submission by the Mayor, the Council does hereby authorize the release to Phoenix Land Development Corporation, 32000 Northwestern Highway, Suite 145, Farmington Hills, Michigan 48334, the proprietor of Pine Cove Estates Subdivision, located in the Southeast 1/4 of Section 36, of the financial assurances previously deposited pursuant to Council Resolution 655-91 adopted on August 19, 1991, and subsequently amended by Council Resolution 669-92 adopted on August 31, 1992, specifically. a) General Improvement Bond $ 4,500 00 cash, b) Sidewalk Bond $38,000 00 ($4,000 00 cash), c) Grading and Soil Erosion $ 3,600 00 cash, Contract and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. #204-96 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, subject to the waiving of the 500' separation requirement as set forth in Section 11 03(r)(2) of the Zoning Ordinance #205-96 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated February 20, 1996, approved for submission by the Mayor, and to which is attached a report containing a brief explanation of the 1996-97 Community Development Block Grant (CDBG) Program, the Council does hereby take this means to indicate its informal approval of the proposed program and does further authorize the conducting of a public hearing on this matter for public comment so that thereafter a final program and budget will be prepared for submission to the City Council 29369 #206-96 RESOLVED, that having considered a communication from the City Planning Commission, dated February 8, 1996, which transmits its resolution 2-33-96, adopted on February 13, 1996, with regard to a Sign Permit Application, submitted by Apex Sign Group, for signage for the property located at 37650 Professional Drive in the Northeast 1/4 of Section 18, 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 Apex Sign Group, as received by the Planning Commission on January 22, 1996, is hereby approved and shall be adhered to, 2 That the sign shall not be illuminated beyond 1000 p m., 3 This sign is approved for the graphics shown in the approved sign package only; 4 In the event of any graphic changes to the sign, the sign shall come back before the Planning Commission for their review and approval #207-96 RESOLVED, that having considered a communication from the City Treasurer, dated February 27, 1996, wherein it is requested that Council Resolution 890-95 be amended to change the date upon which unpaid charges incurred by residents included in the 1995 Sidewalk Repair Program will be placed as special assessments upon their properties, the Council does hereby amend and revise Council Resolution 890-95 so as to read as follows. RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 21, 1995, approved for submission by the Mayor, as well as additional information submitted by the City Engineer, dated December 19, 1995, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 1995 Sidewalk Repair Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution 350-95, and in accordance with the provisions of Section 12 04 340 of Title 12, Chapter 04 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, May 8, 1996, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a 29370 resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #208-96 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, April 22, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item. Petition 95-10-6-10, submitted by the City Planning Commission 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, the City Planning Commission in its resolution 2-25-96 having recommended to the City Council that Petition 95- 10-6-10 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution #209-96 RESOLVED, that the Council having considered a communication from the City Engineer, dated February 26, 1996, approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 16 24 310 of the Livonia Code of Ordinances, as amended, wherein it is required that street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Orangelawn Woods Subdivision No 2 in the Northeast 1/4 of Section 33, T 1S , R.9E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to 29371 be prepared plans and specifications therefor and an estimate for 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, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of February 26, 1996, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 22, 1996, at 8.00 p m. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code A roll call vote was taken on the foregoing resolutions with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura. NAYS None At the direction of the Chair, the subject of video machine/slot machine activity at Ladbroke/DRC is to remain in the Legislative Committee (CR 865-94) On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was. #210-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 26, 1996, submitted pursuant to Council Resolution 417-95, with respect to the subject of pending legislative proposals concerning racetracks and other matters affecting municipalities, the Council does hereby determine to take no further action with respect to this item Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 14 02 OF ARTICLE XIV AND SECTION 15 03 OF ARTICLE XV OF ORDINANCE NO 543, 29372 AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 95-3-6-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Feenstra gave first reading to the following Ordinance, as revised to include the RUF district: AN ORDINANCE AMENDING SECTION 4 02(g), OF ARTICLE IV AND SECTIONS 5 02 (e) AND 5 03 (b) OF ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 95-7-6-5) 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 On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was- #211-96 RESOLVED, that the Council does hereby refer to the Fire Chief for his report and recommendation the matter of the Firefighter Right to Know Act regarding home occupations On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #212-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 771-91, with respect to the subject of flooding in the area of the proposed Cane Woods Subdivision (north of Seven Mile and west of Gill Road), the Council does hereby determine to take no further action with respect to this matter 29373 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #213-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 401-93, and a communication from the Water and Sewer Board, dated April 20, 1993, which transmits its resolution WS 3000 3/93 with regard to a proposed sanitary sewer and water main extension on Laurel Avenue, south of Seven Mile to Curtis, the Council does hereby refer this matter to the Water and Sewer Board for its report and recommendation On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #214-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 403-93, with regard to the matter of establishing policy with respect to water and sewer connection fees and sewer rates, the Council does hereby determine to take no further action with respect to this matter On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #215-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 403-93, and a communication from the Water and Sewer Board, dated April 20, 1993, which transmits its resolution WS 3000 3/93, with regard to the matter of establishing policy with respect to water and sewer connection fees and sewer rates, the Council does hereby determine that the sewer connection rate for the sanitary sewer extension on Laurel Avenue, south of Seven Mile to Curtis, shall be $1,500 00 per residence in accordance with the rate currently established by City ordinance On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #216-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 341-94, and a communication from Councilmember Michael P McGee, with regard to 29374 the existence of a possible City dump site, 1955 - 1959, and the subject of a former landfill located in the area between Stevenson High School and Marshall School, west of Beitz Drain, the Council does hereby refer this matter to the Mayor and the Director of Public Works for a report and recommendation regarding possible action to be taken in connection with environmental concerns at this site On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #217-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 389-94, and the report and recommendation of the Water and Sewer Board, dated May 5, 1994, with respect to the subject of the performance of the Water and Sewer Fund, the Council does hereby determine to take no further action with respect to this matter A report and recommendation from the Chairman of the Water and Sewer Board, dated November 21, 1994, re the City's current policies regarding connection to available sanitary sewer system and approval of septic systems, which incorporated the report and recommendation of the Public Utility Manager, dated August 18, 1994, regarding this same subject matter, was received and placed on file for the information of the Council (CR 427-94) On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #218-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 427-94, and a communication from Councilmember Michael P McGee, dated May 23, 1994, with respect to the City's policy concerning approval of septic tanks and the connection to the sewer system, the Council does hereby determine to take no further action with respect to this matter On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was 29375 #219-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 623-94, with regard to the Composting Progress Report for the City of Livonia (Appendix A), the Council does hereby determine to take no further action with respect to this matter On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #220-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 860-94, the Council does hereby determine to take no further action with respect to the consideration of the City's policy concerning storm sewer extensions and the City's participation in the cost thereof On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #221-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 877-94, and the report and recommendation of the Water and Sewer Board, dated November 21, 1994, to which is attached a report from the Public Utility Manager, dated August 19, 1994, submitted pursuant to CR 264-94, with regard to the remaining lots and areas in the City of Livonia which are presently without public water and sewer facilities and the plans, if any, to provide such facilities in the future, the Council does hereby determine to take no further action with regard to this matter A blueprint submitted by the Engineering Department, dated August 28, 1995, re the Erosion Mitigation Plan (Gabion Creek Bank Protection Bakewell Drain south of Five Mile in Section 20 - Drawing RENR20A) was received and placed on file for the information of the Council (CR 849-94) On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #222-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 849-94, with 29376 regard to the subject of the possible erosion problem in the area along the banks of the Bell Creek adjacent to residential property in the Rennolds' Ravine Subdivision, the Council does hereby refer this matter to the Mayor and the City Engineer for a report and recommendation A report and recommendation from the Inspection Department, dated September 5, 1995, and from the Engineering Department, dated September 1, 1995, re updated information pertaining to the Pines of Winfield Subdivision were received and placed on file for the information of the Council (CR 171-95) On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #223-96 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 27, 1996, submitted pursuant to Council Resolution 171-95, and the report and recommendation of the City Engineer, dated February 27, 1995, with regard to the subject of drainage in Pines of Winfield Subdivision, the Council does hereby request that the Department of Parks and Recreation submit a report and recommendation with regard to problems with an unnamed branch of the Bell Creek as they affect Bicentennial Park and Fox Creek. On a motion by Vandersloot, seconded by Brosnan, it was. RESOLVED, that having considered a communication from Denise Mika-Biga, 35354 Lancashire, Livonia, Michigan, dated February 23, 1996, wherein it is requested that the Council authorize 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 this item to the Committee of the Whole for its report and recommendation. The following individuals from the audience spoke regarding this matter. 1) Loraine Connelly, 32148 Camborne Lane - she hoped this issue would be put into Committee and on the ballot in November to be voted upon 2) Denise Mika-Biga, 35354 Lancashire - stated that the ordinance had been published in the Observer and that now it was official She wants this matter put into Committee and worked out. 29377 3) Tim Bailey, 9826 Cranston - indicated that the taxpayers spent money to put in force term limits and then there was a motion by Councilmember McGee to spend more money He stated this matter should be rescinded 4) Michael Driscoll, 19229 Shadyside - questioned the law firm of Brashear, Tangora and Spence being involved in this matter This firm has contributed a lot of money to various Council elections/activities Please rescind this matter 5) Alan Agnew, 14134 Deering - spoke to the fact that term limits is working Stated he thinks the Council is doing a good job, and that in a few years 100% of the incumbents would be gone 6) Denise Mika-Biga, 35354 Lancashire - spoke again, and stated her opinion that the ordinance is full of loopholes and should be put into Committee for further discussion 7) Bob Snyder, 16774 Ronnie Lane - stated that the definition is clear on term limits and that the Council is wrong 8) Greg Handloser, 38452 Ross - indicated that each Councilmember has a fiduciary responsibility to the City He asked the Council not to spend any more money interpreting term limits On a motion by Feenstra, seconded by Taylor, it was RESOLVED, that the Council does hereby call the previous question and end debate A roll call vote was taken on the motion to call the previous question with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan. NAYS Laura. The President declared debate ended. A roll call vote was then taken on the originally proposed resolution by Vandersloot, seconded by Brosnan, as follows #224-96 RESOLVED, that having considered a communication from Denise Mika-Biga, 35354 Lancashire, Livonia, Michigan, dated February 23, 1996, wherein it is requested that the Council authorize 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 this item to the Committee of the Whole for its report and recommendation 29378 with the following result: AYES Vandersloot, McGee, Duggan, Brosnan, and Laura NAYS Taylor and Feenstra The President declared the resolution adopted On a motion by Duggan, seconded by Brosnan, it was #225-96 RESOLVED, that the Council does hereby delay referral of the Declaratory Judgment action to the law firm of Brashear, Tangora and Spence until the Council considers the matter in the Committee of the Whole A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan. NAYS Laura. The President declared the resolution adopted. On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #226-96 RESOLVED, that having considered a communication from Patricia Holmes, 11015 Merriman Road, Livonia, Michigan 48150, wherein a request is made for a hearing on the opinion of Sean Kavanagh, City Attorney, regarding term limits, the Council does hereby request that the City Attorney indicate whether such an opinion has been written and, if so, that same be submitted to the Council for its consideration. From the audience, Patricia Holmes, 11015 Merriman Road - inquired if the opinion would be heard this evening City Attorney Kavanagh responded to her inquiry, and stated that no authorized opinion was issued, however, it would be in printed form and available Monday at the latest. Greg Handloser, 38452 Ross - questioned the possibility of the Council rescinding the ordinance this evening and adopting one that makes more sense Councilmember McGee reiterated that he still felt it was wise to have an impartial judge rule on this matter On a motion by Taylor, seconded by McGee, it was 29379 #227-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 15, 1995, and the report and recommendation of the Chief of Police, dated February 8, 1996, approved for submission by the Mayor, the Council does hereby approve of the request from Drug Emporium of Michigan, Inc., for transfer of ownership of a 1995 SDM licensed business from F & M Distributors, Inc for a business located at 13505 Middlebelt, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura. NAYS Brosnan The President declared the resolution adopted Patricia Coyle, representing Drug Emporium of Michigan, Inc., answered various questions of the Council On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #228-96 RESOLVED, that the Council shall accept a bond from the petitioner in the amount of $5,000 00 with a six-month deadline to complete needed repairs and improvements as required by the Inspection Department, and if same are not completed within six months, said bond shall be forfeited to the General Fund. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #229-96 RESOLVED, that having considered a communication from Howard I Wallach, Attorney at Law, on behalf of Barry and Murray Foreman, dated November 22, 1995, requesting the vacating of a certain alley located at 27500 Grand River, and having further considered the report and recommendation of the Department of Law, dated January 19, 1996, the Council does hereby deny this request for the reason that the alley is currently being utilized by members of the public in connection with the use of properties in the vicinity of the alley and vacating such alley would impede traffic flow and would cause further divisiveness between adjoining property owners 29380 On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #230-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 4, 1996, which sets forth its resolution 12-243-95 adopted on December 19, 1995, with regard to Petition 95-9-1-20, submitted by the City Planning Commission for a change of zoning of property located west of Middlebelt Road between Five Mile Road and Puritan Avenue in the Southeast 1/4 of Section 14, from PL and RUF to NP, and the Council having conducted a public hearing with regard to this matter on February 26, 1996, pursuant to Council Resolution 12-96, the Council does hereby approve Petition 95-9- 1-20 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 Taylor, seconded by Feenstra, and unanimously adopted, it was #231-96 RESOLVED, that the Council hereby requests that the Department of Public Works provide Council with a rendering of a sign which shall include the rules and regulations and descriptions of each park. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #232-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 4, 1996, which sets forth its resolution 12-244-95 adopted on December 19, 1995, with regard to Petition 95-10-1-21, submitted by the City Planning Commission for a change of zoning of a portion of Helman Park located on the east side of Gill Road between Southampton Avenue and Curtis Road in the Northeast 1/4 of Section 9, from PL to NP, and the Council having conducted a public hearing with regard to this matter on February 26, 1996, pursuant to Council Resolution 12-96, the Council does hereby approve Petition 95-10-1-21 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 29381 to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #233-96 RESOLVED, that the Council hereby requests that the Department of Public Works provide Council with a rendering of a sign which shall include the rules and regulations and descriptions of each park. On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #234-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 4, 1996, which sets forth its resolution 12-245-95 adopted on December 19, 1995, with regard to Petition 95-10-1-22, submitted by the City Planning Commission for a change of zoning of Denmar Park located on the north side of Curtis Road between Golfview Drive and Hampton Court in the Northeast 1/4 of Section 8, from PL to NP, and the Council having conducted a public hearing with regard to this matter on February 26, 1996, pursuant to Council Resolution 12-96, the Council does hereby approve Petition 95- 10-1-22 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. Paul Pierson, 33506 Nancy - inquired if there was any intervention by the Federal Government regarding this rezoning (to which he was told "no") On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #235-96 RESOLVED, that the Council hereby requests that the Department of Public Works provide Council with a rendering of a sign which shall include the rules and regulations and descriptions of each park. 29382 On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #236-96 RESOLVED, that the Council does hereby refer the subject of the types of recreational uses which have been utilized in the past at Denmar Park located on the north side of Curtis Road between Golfview Drive and Hampton Court in the Northeast 1/4 of Section 8 and the ability to discontinue such uses prior to rezoning this park to Nature Preserves to the Parks and Recreation Department for its report and recommendation On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #237-96 RESOLVED, that the Council does hereby refer the subject of the overgrowth of shrubbery and the accumulation of ice on the sidewalk along Curtis Avenue adjoining Denmar Park, as well as mounds of dirt along the drainage ditch in Denmar Park, to the Department of Public Works and the Engineering Department for a report and recommendation. On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was. #238-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 4, 1996, which sets forth its resolution 12-246-95 adopted on December 19, 1995, with regard to Petition 95-10-1-23, submitted by the City Planning Commission for a change of zoning of Madonna Park located on the south side of Lyndon Avenue between Fairway Drive and Parklane Drive in the Southwest 1/4 of Section 20, from PL to NP, and the Council having conducted a public hearing with regard to this matter on February 26, 1996, pursuant to Council Resolution 12-96, the Council does hereby approve Petition 95- 10-1-23 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, and unanimously adopted, it was 29383 #239-96 RESOLVED, that the Council hereby requests that the Department of Public Works provide Council with a rendering of a sign which shall include the rules and regulations and descriptions of each park. On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #240-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 4, 1996, which sets forth its resolution 12-247-95 adopted on December 19, 1995, with regard to Petition 95-10-1-24, submitted by the City Planning Commission for a change of zoning of Greenbriar Park located on the north side of Lyndon Avenue between Yale Avenue and Ellen Drive in the Northwest 1/4 of Section 21, from PL to NP, and the Council having conducted a public hearing with regard to this matter on February 26, 1996, pursuant to Council Resolution 12-96, the Council does hereby approve Petition 95- 10-1-24 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, and unanimously adopted, it was #241-96 RESOLVED, that the Council hereby requests that the Department of Public Works provide Council with a rendering of a sign which shall include the rules and regulations and descriptions of each park. On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #242-96 RESOLVED, that the Council does hereby refer the subject of the feasibility of installing fencing along the north boundary of Greenbriar Park located on the north side of Lyndon Avenue between Yale Avenue and Ellen Drive in the Northwest 1/4 of Section 21 to the Parks and Recreation Commission for its report and recommendation 29384 On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #243-96 RESOLVED, that the Council does hereby refer the subject of whether there is (or should be) a more severe penalty for damaging Nature Preserves lands than Public Lands to the Parks and Recreation Commission, the Department of Law and the Legislative Committee for their respective reports and recommendations. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was: #244-96 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 1996, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held Wednesday, March 20, 1996, at 7 00 p m for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was. #245-96 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 Feenstra, seconded by Duggan, and unanimously adopted, it was #246-96 WHEREAS, Senate Bills 378 and 379 (S-2) seek to revise current law in regards to misdemeanor offenses for fleeing and eluding peace officers, substituting four degrees of offense as felonies, and WHEREAS, Senate Bills 378 and 379 (S-2) would limit the amount of non-economic damages recoverable against a governmental agency for property damage and bodily injury resulting from such flights, and WHEREAS, House Bills 4534 and 4535 speak to similar concerns for fleeing and eluding in regards to forfeiture proceedings, and WHEREAS, this legislation protects the lives of police and conservation officers It also addresses the unfair and ofttimes excessive economic 29385 judgments imposed by juries when these officers were doing their sworn duties. NOW, THEREFORE, BE IT RESOLVED, that Mayor Jack E Kirksey and the City Council of the City of Livonia hereby urge our elected representatives to support the above mentioned legislation BE IT FURTHER RESOLVED, that copies of this Resolution be sent to Governor Engler, State Senator R. Robert Geake, State Representative Lyn Bankes, State Representative Gerald Law, the MML State and Federal Affairs Division, and the Conference of Western Wayne On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #247-96 WHEREAS, the Administrative and Legislative bodies of the City of Livonia wish to record our opposition to the construction and operation of Deep Well Injection sites in Southeastern Michigan, and WHEREAS, we specifically oppose the Deep Well sites located in Romulus as its presence will adversely affect the lives of its citizens and those of neighboring communities, and WHEREAS, merely transporting hazardous waste from cities, townships, counties, states, and countries outside of Wayne County will constitute a risk for the communities such passage affords NOW, THEREFORE, BE IT RESOLVED, that Mayor Jack E. Kirksey and the City Council of the City of Livonia hereby urge our County, State and Federal elected representatives to support a ban on the above mentioned waste disposal methods BE IT FURTHER RESOLVED, that copies of this Resolution be sent to Governor Engler, United States Senator Spencer Abraham, United States Senator Carl Levin, United States Representative Lynn Rivers, United States Representative Joseph Knollenberg, State Senator R. Robert Geake, State Representative Lyn Bankes, State Representative Gerald Law, the MML State and Federal Affairs Division, and the Conference of Western Wayne Paul Pierson, 33506 Nancy - thanked Councilmember Feenstra, as well as the rest of the Council, for adopting the aforesaid resolution He indicated that these wells impose too high a risk to our clean water supply 29386 On a motion by Taylor, seconded by McGee, and unanimously adopted, it was #248-96 RESOLVED, that having considered a letter from the Mayor, dated March 8, 1996, wherein it is requested that the Council approve a proposed three-year contract to be entered into by and between the City of Livonia and the Police Officers Association of Michigan in behalf of its affiliate, the Livonia Police Officers Association, for the period December 1, 1994, through November 30, 1997, pending concurrence by the Civil Service Commission at its meeting to be held on March 14, 1996, the Council does hereby determine to approve such agreement and the necessary amendments to the Retirement Plan Ordinance, the compensation plan and changes in certain benefits as required to effectuate this agreement; and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #249-96 RESOLVED, that the Council, having considered a letter from the Treasurer and from the Department of Law regarding the need for additional signatories on the City's financial accounts, hereby designates Judith L. Nagy as the first signatory in the absence of the Treasurer as referred to in her letter, and Gail Karczynski as the second signatory in the event the Treasurer or Judith L Nagy cannot act as signatories On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #250-96 RESOLVED, that after considering a request from Treasurer Laura M Toy regarding a referral of the question of reorganization of the Treasurer's Department, the Council hereby refers said matter to the Finance, Insurance and Budget Committee for its report and recommendation During audience communication at the end of the meeting, the following individuals spoke 1) Michael Driscoll, 19229 Shadyside - submitted an ordinance on term limits that he prepared and that he requested be put on the agenda for the next Study Meeting for consideration by the Council 29387 2) Ralph Williams, 18630 Foch - addressed the subject matter of term limits and the legal opinion that had been asked for On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, this 1,316th Regular Meeting of the Council of the City of Livonia was adjourned at 1020 p m , March 13, 1996 Joan McCotter, City Clerk