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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-02-12 29289 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FOURTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 12, 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, Michael P McGee, Gerald Taylor, Brian Duggan, and Joe Laura. Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, Chief Assistant City Attorney; Joan McCotter, City Clerk, Michael T Slater, Finance Director; John Fegan, Director of Inspection, Robert J Beckley, Director of Public Works, Ronald Reinke, Superintendent of Parks and Recreation, and Linda McCann, Director of Community Resources It was noted that the minutes of the 1,313th Regular Meeting of the Council, held January 31, 1996, would be considered at the Regular Meeting of February 28, 1996 The following individuals spoke during the audience communication portion of the meeting: 1) Ray Tent, 18051 Deering - spoke in opposition to the second reading re the proposed amendment to the ordinance defining what a term is, 2) Paul Pierson, 33506 Nancy - spoke to the subject of deep injection wells which would have toxic waste pumped into them which are being proposed to be located in Taylor and Romulus, and suggested that perhaps a public hearing should be scheduled in Livonia on this subject matter; 29290 3) Janet Cooper, a resident of Livonia - spoke in defense of Cathy White, Chief Assistant City Attorney, and stated that she was only doing her job in preparing the requested amendment to the ordinance defining terms, 4) Joe Connelly, 32148 Camborne Lane - wished a speedy recovery to Gus Tawil, who underwent minor surgery recently; and 5) Dolores Jablonski - spoke in opposition to the ordinance amendment defining what a term is, believes the major controversy is among a few people here (the Council) President Laura announced that various City individuals have been invited to tour the Ford Motor Company Transmission & Chassis Operations plant tomorrow, February 13, 1996, between the hours of 1 00 - 3 00 p m He indicated he believes this is one of the largest transmission plants in the world A communication from the Department of Law, dated January 23, 1996, re Fendt Transit Mix, Inc v Peter A. Basile Sons, Inc., City of Livonia and County of Wayne, Wayne County Circuit Court Case No 94-423245 CZ, was received and placed on file for the information of the Council A communication from the Department of Law, dated January 30, 1996, re City of Livonia v Goretski Construction Company, Wayne County Circuit Court Case No 95-528344 AV, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Brosnan, it was #75-96 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated January 15, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits the competitive bid received with respect to the proposed disposition of City-owned surplus equipment consisting of one 1970 Seagraves fire pumper, the Council does hereby accept the bid of and authorize the sale of the aforesaid fire pumper to Schoolcraft Community College, 18600 Haggerty, Livonia, Michigan 48152, for a total purchase price of $1,500 00 #76-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 20, 1995, and a subsequent communication dated January 26, 1996, and the report and recommendation from the Chief of Police, dated January 18, 1996, in 29291 connection therewith, approved for submission by the Mayor, the Council does hereby recommend approval of the request from K. of C Daniel A. Lord Holding Corporation to drop space and add direct connection to unlicensed area in 1995 Club Licensed Business with Dance Permit for a business located at 39100 Schoolcraft, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #77-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated January 29, 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 Tri-County Tree Expert Co , 455 E St. Clair, Romeo, Michigan 48065, for completing all work required in connection with the City's 1996 Tree and Stump Removal Program for a total price of not to exceed $24,045 00, the same having been in fact the lowest bid received for this item and meets all specifications, 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 contract. #78-96 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated January 25, 1996, approved for submission by the Mayor, which lists the final budget adjustments for fiscal year 1995, the Council does hereby refer this matter to the Finance, Insurance and Budget Committee for its report and recommendation #79-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 24, 1996, approved for submission by the Mayor, the Council does hereby authorize the release to Hunter Homes, Inc , 33966 Eight Mile Road, Suite 104, Farmington Hills, Michigan 48335, the proprietor of Hunter's Pointe Subdivision, located in the Southeast 1/4 of Section 30, of the financial assurances previously deposited pursuant to Council Resolution 492-93, adopted on June 23, 1993, and subsequently amended by Council Resolution 110-94, adopted on February 23, 1994, specifically a) General Improvement Bond $12,000 00 ($5,000 00 minimum cash), b) Sidewalk Bond $32,500 00 ($3,000 00 minimum cash), c) Grading and Soil Erosion Control ($3,600 00 cash), d) Entrance Markers-Landscaping $20,000 00 ($2,000 00 minimum cash), 29292 e) Monuments & Markers $1,370 00 (all cash), and f) Street Lighting contribution-in-aid ($3,997 04 cash balance), 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 #80-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 23, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding a proposed storm sewer extension at Joy and Hix Roads, the Council does hereby authorize the Engineering Department, together with the Director of Finance, to prepare plans and specifications for the proposed storm sewer extension at Joy and Hix Roads, and thereafter obtain competitive bids for the completion of this work, and all competitive bids shall thereafter be submitted to Council for consideration #81-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 29, 1996, which transmits its resolution 1-10-96, adopted on January 16, 1996, with regard to the proposed preliminary plat of Camborne Stark School Subdivision to be located on the southwest corner of Stark Road and Pinetree Avenue in the Northwest 1/4 of Section 33, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on January 16, 1996, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein and the financial assurances guaranteeing the satisfactory installation of such improvements #82-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 29, 1996, which transmits its resolution 1-8-96, adopted on January 16, 1996, with regard to Petition 95-12-2-34, submitted by Harley Ellington Design requesting waiver use approval to construct an addition to the existing Glen Eden Community Mausoleum located on the south side of Eight Mile Road between Newburgh and Gill Roads in the North 1/2 of Section 5, which property is zoned AG, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 95-12-2-34 is hereby approved and granted, subject to the following conditions 29293 1) That the Site Plan marked Sheet SP2 dated December 14, 1995, prepared by Harley Ellington Design, which is hereby approved, shall be adhered to, 2) That the landscaping depicted on the approved site plan shall be installed prior to final inspection, and 3) That the Building Elevation Plan marked Sheet A-2 dated December 14, 1995, prepared by Harley Ellington Design, which is hereby approved, shall be adhered to #83-96 RESOLVED, that having considered a letter from Joe Laura, President of the Council, dated January 25, 1996, regarding the subject of Budget Staff Review, the Council does hereby refer this matter to the Finance, Insurance and Budget Committee for its report and recommendation #84-96 RESOLVED, that having considered a letter from Raymond M Galasso, 1969 Woodland, Sylvan Lake, Michigan 48320, dated January 16, 1996, wherein a request is made to purchase certain City- owned property located at 27423 Long (Tax I D No 001-04-0041-000), the Council does hereby refer this matter to the Department of Law for its report and recommendation #85-96 RESOLVED, that having considered a letter from Raymond M Galasso, 1969 Woodland, Sylvan Lake, Michigan 48320, dated January 16, 1996, wherein a request is made to purchase certain City- owned property located at 27423 Long (Tax I D No 001-04-0041-000), the Council does hereby refer the matter of determining whether the owners of the adjoining properties located at 27419 and 27429 Long have any interest in purchasing this City-owned property to the Department of Law for its report and recommendation #86-96 RESOLVED, that the Council having considered a communication from the City Engineer, dated January 23, 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 Caliburn Estates Subdivision No 2 in the Northwest 1/4 of Section 8, 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 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 29294 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 January 23, 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 Wednesday, March 20, 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 #87-96 RESOLVED, that the Council having considered a communication from the City Engineer, dated January 26, 1996, approved for submission by the Mayor, submitted pursuant to the requirements set fr 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 Caliburn Manor Subdivision No 2 in the Northeast 1/4 of Section 7, T 1 S , 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 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 January 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 Wednesday, March 20, 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 29295 notice and publication of such hearing as is required by Section 3 08 070 of said Code #88-96 WHEREAS, pursuant to the direction of the City Council in its resolution 27-96, adopted on January 17, 1996, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 31, 1996, an assessment roll dated January 31, 1996, for the proposed street improvement consisting of a 28 foot wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) on Savoie and Grove, south of Six Mile Road and east of Middlebelt Road, in the Northwest 1/4 of Section 13, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 27-96, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, March 20, 1996, at 8 00 p m to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of Wednesday, March 20, 1996, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office #89-96 WHEREAS, pursuant to the direction of the City Council in its resolution 29-96, adopted on January 17, 1996, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 22, 1996, an assessment roll dated January 22, 1996, for the proposed street improvement consisting of the placement of 4" of asphalt over the existing roadway, approximately 20 to 22 feet wide (Alternate IV) on Alois, south of 29296 Plymouth Road, in the Southwest 1/4 of Section 30, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 29-96, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday, March 18, 1996, at 7 00 p m to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of Monday, March 18, 1996, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office #90-96 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, March 25, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 95-10-1-25, submitted by Oakwood Healthcare System for a change of zoning of property located on the north side of Seven Mile Road between Bethany Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to P O , the City Planning Commission in its resolution 1-16-96 having recommended to the City Council that Petition 95-10-1-25 be denied, (2) Petition 95-12-1-29, submitted by The Kroger Co and High Equity Partners, L.P , for a change of zoning of property located on the south side of Five Mile Road between Bainbridge Avenue and 29297 Henry Ruff Road in the Northwest 1/4 of Section 23, from RUFA to P, the City Planning Commission in its resolution 1-2-96 having recommended to the City Council that Petition 95-12-1-29 be approved, (3) Petition 95-12-1-30, submitted by Gino Silvestri for a change of zoning of property located on the north side of Ann Arbor Trail between Wayne and Levan Roads in the Southeast 1/4 of Section 32, from RUF to R-C, the City Planning Commission in its resolution 1-4-96 having recommended to the City Council that Petition 95-12-1-30 be approved, and (4) Petition 95-12-1-31, submitted by Rudolf J Holz and Clinton J Holz for a change of zoning of property located on the south side of Beacon Road between Plymouth Road and the CSX Railroad in the Southeast 1/4 of Section 28, from R-5 to R-7, the City Planning Commission in its resolution 1-5-96 having recommended to the City Council that Petition 95-12-1-31 be denied, 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 amendments to the Zoning Ordinance, and/or (b) location of the proposed changes 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 A roll call vote was taken on the foregoing resolutions with the following result. AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS None On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #91-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 29, 1996, submitted pursuant to Council Resolution 352-93, and the report and recommendation of the Director of Community Resources and the Chairman of the Livonia Historical Commission, dated April 14, 1993, 29298 approved by the Finance Director and approved for submission by the Mayor, to which is attached architectural design documents including a sequenced phasing plan for construction work for the Alexander Blue House, the Council does hereby refer this subject to the Capital Improvement Committee for its report and recommendation, and the Council does hereby request that Mr Robert K. Seymour, Architect, provide an update to the Council prior to the end of March, 1996, on various phases of the Blue House construction On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #92-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 29, 1996, submitted pursuant to Council Resolution 352-93, the Council does hereby refer the subject of the position which should be taken by the City with respect to competing food/catering businesses to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #93-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 29, 1996, submitted pursuant to Council Resolution 425-95, and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" containing numerous goals for the City set forth therein, including the subject of helping Greenmead become more self-sufficient, the Council does hereby determine to take no further action with respect to this matter On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #94-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 29, 1996, submitted pursuant to Council Resolution 219-94, and the report and recommendation of the Mayor and the Department of Law, dated February 14, 1994, concurred with by the Director of Community Resources, with regard to the proposed sale of Greenmead property, the Council does hereby determine to take no further action with respect to this matter 29299 Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 95-10-3-5) 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 McGee gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 95-7-1-15) 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 McGee took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING EXHIBIT D(A)(2) OF ORDINANCE 1685 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 29300 Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 040 AND 050C OF AND ADDING SECTION 070 TO CHAPTER 84 (PRIMARY AND REGULAR ELECTIONS) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The following individuals from the audience spoke in opposition to this matter 1) Loraine Connelly, 32148 Camborne Lane, 2) Jim Biga, 35354 Lancashire, 3) Tim Bailey, 9826 Cranston, 4) Ralph Williams, 18630 Foch, 5) Joe Connelly, 32148 Camborne Lane, 6) Denise Mika-Biga, 35354 Lancashire, 7) Patricia Holmes, 11015 Merriman, 8) Michael Driscoll, 19229 Shadyside, 9) Ray Tent, 18051 Deering, 10) Kim Naccashian, 32750 Norfolk, 11) Leo Delafranier, 14681 Bredin Court. The following individuals from the audience also spoke 1) Dolores Jablonski - suggested that a Charter Commission be established by some independent concern to bring the charter up to date, 2) Marcella Allam, 32955 Indiana - questioned what a "term" is and what exactly was the big problem here, and 3) Ed Bakun, 33576 Michele - questioned if this matter can be brought up to the electorate again McGee and Taylor moved to call the question (the vote on the 2nd reading of the ordinance) The Chair inquired whether it was proper to continue discussion on this matter Cathy White indicated it was Feenstra inquired as to whether that was the ruling of the Chair The Chair indicated it was Feenstra challenged the ruling The Chair indicated it was his prerogative Audience communication then continued with the following individuals speaking 1) Lillian Edney, 15405 Harrison - asked for a clarification on what tonight's discussion was about. "Is this vote tonight for term limits?", 2) Michael Driscoll, 19229 Shadyside - if this matter goes to Circuit Court for their legal interpretation, who will be paying for the legal expenses?; 3) Kim Naccashian, 32750 Norfolk - referenced various conflicts of interest, and suggested doing a "mail vote" where we could all work together to define "term", CORRECTED PAGE 29301 4) Patricia Holmes, 11015 Merriman - commended the President of the Council for being generous in allowing each individual who wanted to speak the opportunity to do so, and 5) Leo Delafranier, 14681 Bredin Court - objected to possibly sending this matter outside the City for a legal opinion, they did not do the voting McGee withdrew his motion to call the question Mayor Kirksey clarified for those in attendance and in the viewing audience that if a request comes from the majority of the Council for an additional legal opinion in this matter, the Department of Law will honor that obligation A roll call vote was then taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Duggan NAYS Laura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #95-96 RESOLVED, that the Council does hereby authorize retaining the law firm of Brashear, Tangora & Spence as special legal counsel to file a Declaratory Judgment action in the Circuit Court for the County of Wayne to obtain a court opinion regarding the validity of the amendment to Sections 020, 040 and 050C and adding Section 070 to Title 2, Chapter 84 (Primary and Regular Elections) of the Livonia Code of Ordinances, as amended, regarding incorporation into the odd-year City primary and regular elections ordinance of certain procedural and substantive matters pertaining to the recently amended term limits provisions in the City Charter; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $7,500 00 from the Unexpended Fund Balance for this purpose On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #96-96 RESOLVED, that the Council does hereby refer the subject of whether or not the motion to call a previous question is debatable as a matter of parliamentary procedure and if it requires a two-thirds vote, and t- CORRECTED PAGE 29302 the appropriate procedure to be followed when a challenge is made to a ruling of the Chair and if the presiding officer can declare himself or herself right without a vote of the body to the Department of Law for its report and recommendation Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 10 02 OF AND ADDING SUBSECTION (k) TO SECTION 10 03 OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 95-7-6-4) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #97-96 RESOLVED, that having considered a communication from John B Lytle, Equipment Operator III, and Marcia A. Reiser, Program Supervisor, dated January 30, 1996, requesting an amendment to Section 8 30 035 of the Livonia Code of Ordinances to designate a smoking area in the Public Service Roads garage, the Council does hereby refer this matter to the Department of Law to prepare an appropriate ordinance amendment for submission to Council On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #98-96 RESOLVED, that the Council does hereby refer the subject of the extent of compliance with ordinance requirements prohibiting smoking in City vehicles and the removal of lighters, ashtrays, etc., from City vehicles to the Director of Public Works for his report and recommendation. 29303 On a motion by Feenstra, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 26, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 1996 Buick Century 4-door sedans from James-Martin Chevrolet Buick, Inc., 6250 Woodward Avenue, Detroit, Michigan 48202- 3521, in the amount of $13,328 00 each, for a total of $26,656 00, including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 07166000289), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of four surplus City-owned vehicles (1985 Pontiac, two 1987 Chevrolets and 1982 Chevrolet van) at public auction after receipt of the new vehicles On a motion by Vandersloot, seconded by Taylor, it was RESOLVED, that the Council does hereby determine to substitute a resolution approving the purchase of four (4) sedans in lieu of the foregoing resolution approving the purchase of two (2) sedans A roll call vote was taken on the motion to substitute as follows AYES Vandersloot, McGee, Taylor, Duggan, and Laura NAYS Feenstra and Brosnan The President declared the motion to substitute adopted On a motion by Vandersloot, seconded by Taylor, it was #99-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 26, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of four (4) 1996 Buick Century 4-door sedans from James- Martin Chevrolet Buick, Inc , 6250 Woodward Avenue, Detroit, Michigan 48202-3521, in the amount of $13,328 00 each, for a total of$53,312 00, including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446-985-000; FURTHER, the Council does hereby determine to 29304 authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071 B6000289), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of six surplus City-owned vehicles (1985 Pontiac, 1986 Chevrolet, two 1987 Chevrolets, 1982 Chevrolet van and 1985 Chevrolet sedan) at public auction after receipt of the new vehicles A roll call vote was taken on the substitute resolution as follows AYES Feenstra, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Brosnan The President declared the substitute resolution adopted On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #100-96 RESOLVED, that the Council does hereby refer the subject of purchase and/or assignment of City vehicles, policies regarding take- home vehicles and public identification procedures for City vehicles to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #101-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 26, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 1996 Dodge Dakota AN1 L62 longbed pickup truck from Bill Snethkamp Lansing Dodge, Inc., 6131 South Pennsylvania Avenue, Lansing, Michigan 48911, for a total cost of $12,309 95, including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071 B6000285), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize 29305 the disposal of the surplus 1982 GMC van (which will no longer be needed after the purchase of the vehicle authorized herein) at public auction On a motion by Taylor, seconded by McGee, it was #102-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 26, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with respect to the proposed purchase of one (1) 1996 Ford E-350 Super Club Wagon, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, McGee, Taylor, and Duggan NAYS Vandersloot and Laura. The President declared the resolution adopted On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #103-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 26, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 1996 Dodge Dakotas with 9-foot stake bodies from Bill Snethkamp Lansing Dodge, Inc , 6131 South Pennsylvania Avenue, Lansing, Michigan 48911, in the amount of $22,329 04 each, for a total cost of $44,658 08, including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071 B6000285), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of the surplus 1981 Chevrolet stake truck and 1982 Chevrolet pickup truck (which will no longer be needed after the purchase of the vehicles authorized herein) at public auction 29306 On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #104-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 26, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of three (3) 1996 Ford F-250 HD pickup trucks from Jackson Ford, Inc., 1314 Northwest Avenue, Jackson, Michigan 49202, in the amount of $15,642 00 each, for a total cost of $46,926 00, including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446- 985-000 (two vehicles) and Water and Sewer Capital Outlay Account No 592-000-142-000 (one vehicle), FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 07166000287), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of the surplus 1980 Dodge pickup, 1982 Chevrolet pickup truck and 1983 Ford pickup (which will no longer be needed after the purchase of the vehicles authorized herein) at public auction On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #105-96 RESOLVED, that the Council does hereby receive and place on file for the information of the Council the report from the Inspection Department, dated February 12, 1996, regarding the existing maintenance of the Sterling Commons Shopping Center, located on the north side of Six Mile Road between Newburgh Road and Fitzgerald in the Southwest 1/4 of Section 8 On a motion by McGee, seconded by Duggan, it was #106-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 29, 1996, which transmits its resolution 1-6-96, adopted on January 16, 1996, with regard to Petition 95-11-2-32, submitted by Takashi Nagashima on behalf of Koyama Shoten of Michigan, Inc , requesting waiver use approval to utilize an SDM license in connection with an existing store located on the north side of Six Mile Road between Newburgh Road and Fitzgerald in the Southwest 1/4 of Section 8, which property is zoned C-2, the Council 29307 does hereby concur in the recommendation made by the City Planning Commission and Petition 95-11-2-32 is hereby approved and granted A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Feenstra The President declared the resolution adopted On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #107-96 RESOLVED, that having considered a communication from Councilmember Michael P McGee, dated January 24, 1996, and a letter from Michael G Trout, Committee Representative of the Bicentennial Park/Play Scape Project, 17555 Park, Livonia, Michigan 48152, with respect to a proposal to construct a playscape project in Bicentennial Park, the Council does hereby take this means to approve this proposal in concept and authorize the administration to take such steps as may be necessary to implement this project. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #108-96 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 1995, which sets forth its resolution 10-207-95, adopted on October 24, 1995, with regard to Petition 95-9-6-7, submitted by the City Planning Commission, to determine whether or not to amend Section 2 10 of the Zoning Ordinance so as to increase the size of detached garages on lots 1/2 acres or more in area, and the Council having conducted a public hearing with regard to this matter on January 24, 1996, pursuant to Council Resolution 833-95, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-9-6-7 is hereby denied for the following reasons 1 That the existing language with reference to residential garages is sufficient to provide for reasonable size garages, and 2 That the proposed language amendment will permit larger garages which are not needed to provide for adequate storage of vehicles under normal conditions 29308 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #109-96 RESOLVED, that the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether an amendment to Section 2 10 of the Zoning Ordinance relative to increasing the size of attached garages on lots 1/2 acres or more in area should be made and thereafter submit a report and recommendation to Council On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #110-96 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 1995, which sets forth its resolution 10-208-95, adopted on October 24, 1995, with regard to Petition 95-9-6-8, submitted by the City Planning Commission to determine whether or not to amend Section 18 50H of the Zoning Ordinance with respect to commercial wall signs on corner lots, and the Council having conducted a public hearing with regard to this matter on January 24, 1996, pursuant to Council Resolution 833-95, the Council does hereby approve Petition 95-9-6-8, as revised, 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 Brosnan, it was #111-96 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 1995, which sets forth its resolution 10-209-95, adopted on October 24, 1995, with regard to Petition 95-9-6-9, submitted by the City Planning Commission, to determine whether or not to amend Section 18 50D regarding political signs, and the Council having conducted a public hearing with regard to this matter on January 24, 1996, pursuant to Council Resolution 833-95, the Council does hereby concur in the recommendation of the Planning Commission and does hereby approve Petition 95-9-6-9 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS Duggan 29309 The President declared the resolution adopted On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #112-96 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 1995, which sets forth its resolution 10-209-95, adopted on October 24, 1995, with regard to Petition 95-9-6-9, submitted by the City Planning Commission, to determine whether or not to amend Section 18 50D regarding political signs, and the Council having conducted a public hearing with regard to this matter on January 24, 1996, pursuant to Council Resolution 833-95, the Council does hereby refer this item to the Legislative Committee for its report and recommendation On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #113-96 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 377 for a proposed alley improvement consisting of an 18' wide by 7-1/2" thick deep strength asphalt over either existing MDOT Class II material or newly installed 21AA limestone with an inverted crown and no curbs (Alternate V) between Five Mile and Elsie Avenue and Middlebelt Road and Cavour Avenue in the Northwest 1/4 of Section 24, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, February 5, 1996, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of alley improvements to be constructed in Special Assessment District No 377, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated November 27, 1995, in the amount of $66,540 35, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in 29310 said district in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No 377 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from December 1, 1996 Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1 , 1997, and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1, 1996, (5) The first installment shall be spread upon the 1997 City tax roll in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1, 1996, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08 220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and 29311 (6) The City Council does hereby determine to pay 15% of the paving costs ($7,393 55), 100% of drainage costs ($17,250 00) for a total amount of$24,643 55 On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #114-96 RESOLVED, that having considered a communication from the Department of Law, dated February 1, 1996, submitted pursuant to Council Resolution 712-95, transmitting for Council acceptance a Warranty Deed dated December 29, 1995, executed by Van H Jones, conveying to the City certain property described as follows The South 60 feet of the East 100 feet of the following described parcel The West 130 feet of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 2, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, except the South 60 feet of the West 30 feet thereof Tax Parcel No 007-99-0136-000 Seven Mile Road right-of-way the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty 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, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above described property to the County of Wayne in a form to be approved by the Department of Law On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #115-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated February 5, 1996, which is approved for submission by the Mayor, the Council does hereby authorize the Department of Law to stipulate to the entry of the attached Order for Judgment of Settlement in the Wayne County Circuit Court Case No 94-428972-CC providing for the taking of property located on the east side of Merriman Road between Plymouth and Schoolcraft, 12240 Merriman, be it FURTHER RESOLVED, that the Council does hereby appropriate the total sum of $157,000 00, less $53,000 00 just compensation previously paid, as just compensation to Samuel H Cowen, Trustee of the Samuel H Cowen Trust, plus attorney fees and interest, together with costs in the amount of $16,584 00, FURTHER, the Council does hereby authorize the aforesaid sum of just compensation plus 29312 interest to be paid to Samuel H Cowen, Trustee of the Samuel H Cowen Trust, and attorney fees and costs to be paid to Samuel H Cowen, Trustee of the Samuel H Cowen Trust, and its attorney, Ackerman & Ackerman, P C , and the Council does hereby authorize the Engineering Department to prepare plans and specifications and to take all steps necessary for completing all work required in connection with the construction of a driveway on the north side of the building; FURTHER, the Council does hereby authorize the aforesaid sums to be expended from the $12 Million Obligation Road Improvement Bond Issue for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #116-96 RESOLVED, that having considered a communication from the Department of Law, dated January 22, 1996, transmitting for Council acceptance one Quit Claim Deed and eleven Grants of Easement, more particularly described as (1) Quit Claim Deed dated December 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for. Part of Lots 2, 3, 4 and 5 of"B E Taylor' Green Acres" a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75, of Plats, W C R., being more particularly described as beginning at a point on the South line of Five Mile Road (120 feet wide) distant due West 217 80 feet from the Northeast corner of Lot 7 of said "B E Taylor's Green Acres" a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75, of Plats, W C R., and proceeding thence due South 289 98 feet, thence South 72°59'59" West, 104 20 feet; thence along a curve to the right radius 50 00 feet a central angle of 300°00'02" an arc distance of 261 80 feet whose chord bears North 17°00'02" West, 50 00 feet; thence North 72°59'59" East, 67 20 feet, thence due North 252 98, thence due East along the South line of Five Mile Road 50 00 feet to the point of beginning (Hillcrest Court Right-of-Way) (2) Grant of Easement dated September 6, 1995, executed by Gary McCullogh, President, U S Trailer Corporation, to the City of Livonia, for. Sanitary Sewer Easement: 29313 A 20 foot sanitary sewer easement whose centerline is described as beginning at a point distant due West 502 56 feet and South 00°11'30" East, 265 00 feet from the Northeast corner of Lot 7, B E. Taylor's Green Acres, a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75 of Plats, Wayne County Records Proceeding thence due West 16 00 feet to the point of ending (Sidwell No 089-01-0001-001) (3) Grant of Easement dated September 6, 1995, executed by Gary McCullogh, President, U S Trailer Corporation, to the City of Livonia, for Water Main Easement. A 12 foot water main easement whose centerline is described as beginning at a point distant due West 502 56 feet and South 00°11'30" East, 350 47 feet from the Northeast corner of Lot 7, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75 of Plats, Wayne County Records Proceeding thence due West 72 00 feet to the point of ending (Sidwell Nos 089-01-0001-001 & 090-99-0002-001) (4) Grant of Easement dated July 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for Water Main Easement: A 12 foot water main easement whose centerline is described as beginning at a point distant due West 502 56 feet and South 00°11'30" East, 350 47 feet from the Northeast corner of Lot 7, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75 of Plats, Wayne County Records Proceeding thence due East 70 00 feet to the point of ending (Sidwell No 089-01-0001-001) (5) Grant of Easement dated July 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for Sanitary Sewer Easement: A 20 foot sanitary sewer easement whose centerline is described as beginning at a point distant due West 502 56 feet and South 00°11'30" East, 265 00 feet from the Northeast corner of Lot 7, B E 29314 Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75 of Plats, Wayne County Records Proceeding thence due East 70 00 feet to the point of ending (Sidwell No 089-01-0001-001) (6) Grant of Easement dated December 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for. Easements. A 20 foot wide Sanitary Sewer easement whose centerline is described as beginning at a point distant due South 265 00 feet from the Northeast corner of the following described parcel of land and proceeding thence due East 81 07 feet to a point of ending, Also, a Storm Sewer easement over the East 3 5 feet of the following described parcel of land Parcel. Part of Lots 2 and 3, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75, of Plats, W C R., described as beginning at a point distant due West 350 62 feet from the Northeast corner of Lot 7 and proceeding thence due South 261 68 feet; thence along the road right-of-way along a curve to the left Radius 50 00 feet central angle 125°06'46" an arc distance of 109 18 feet and whose chord bears South 45°33'21" West 28 57 feet; thence due West 17 71 feet; thence due North 323 82 feet, thence along the South line of Five Mile Road right-of-way due East 81 07 feet to the point of beginning (Sidwell No 089-01- 0002-001) (7) Grant of Easement dated December 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for. Easements. A 20 foot wide Sanitary Sewer easement whose centerline is described as beginning at a point distant due South 252 98 feet and South 72°59'59" West, 41 10 feet from the Northeast corner of the following described parcel of land and proceeding thence due West 35 68 feet to a point of ending, Also, a Storm Sewer easement over the West 8 5 feet of the following described parcel of land, Also, a 12 foot wide Water Main easement whose centerline is described as beginning at a point distant due South 250 00 feet from the Northeast corner of the following described parcel of land 29315 and proceeding thence South 78°45'00" West, 27 25 feet; thence due South, 5 84 feet to a point of ending Parcel. Part of Lots 3 and 4, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75, of Plats, W C R., described as beginning at a point distant due West 267 80 feet from the Northeast corner of Lot 7 and proceeding thence along road right- of-way due South 252 98 feet, thence along road right-of-way South 72°59'59" West, 67 20 feet; thence along road right-of-way along a curve to the left, Radius 50 00 feet central angle 24°53'18" an arc distance of 21 72 feet and whose chord bears North 59°26'32" West, 21 55 feet; thence due North 261 68 feet; thence along the South line of Five Mile Road right-of-way due East 82 82 feet to the point of beginning (Sidwell No 089-01-0003-001) (8) Grant of Easement dated December 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for Storm Sewer Easement. A 20 foot wide Storm Sewer easement whose centerline is described as beginning at a point distant due South 87 50 feet and due West 10 00 feet from the Northeast corner of the following described parcel of land and proceeding thence due South 12 50 feet to a point of ending on the South line of the following described parcel of land Parcel. Part of Lots 5, 6 and 7, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75, of Plats, W C R., described as beginning at the Northeast corner of Lot 7 and proceeding thence due South 100 00 feet; thence due West, 217 80 feet; thence along road right-of-way due North 100 00 feet, thence along the South line of Five Mile Road right-of-way due East, 217 80 feet to the point of beginning (Sidwell No 089-01-0005-001) (9) Grant of Easement dated December 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for Easements. A 20 foot wide Sanitary Sewer easement whose centerline is described as beginning at a point distant due West 223 80 feet and due South 66 00 feet from the Northeast corner of the following described parcel of land and proceeding thence due South 34 00 feet to a point of ending, Also, a 20 foot wide Storm Sewer easement whose centerline is described as beginning at a point distant due West 10 00 feet from 29316 the Northeast corner of the following described parcel of land and proceeding thence due South 100 00 feet to a point of ending on the South line of the following described parcel of land Parcel. Part of Lots 5, 6 and 7, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75, of Plats, W C R., described as beginning at a point distant due South 100 00 feet from the Northeast corner of Lot 7 and proceeding thence due South 100 00 feet; thence due West, 217 80 feet; thence along road right-of-way due North 100 00 feet; thence due East 217 80 feet to the point of beginning (Sidwell No 089-01-0005-002) (10) Grant of Easement dated December 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for Easements. A 20 foot wide Sanitary Sewer easement whose centerline is described as beginning at a point distant due West 223 80 feet from the Northeast corner of the following described parcel and proceeding thence due South 75 00 feet to a point of ending, Also, a 20 foot wide Storm Sewer easement whose centerline is described as beginning at a point distant due West 10 00 feet from the Northeast corner of the following described parcel of land and proceeding thence due South 89 00 feet, thence due West 217 68 feet to a point of ending Parcel. Part of Lots 5, 6 and 7, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75, of Plats, W C R., described as beginning at a point distant due South 200 00 feet from the Northeast corner of Lot 7 and proceeding thence due South, 100 00 feet; thence due West, 250 56 feet, thence along road right-of-way North 72°59'59" East, 34 27 feet; thence along road right-of-way due North, 89 98 feet; thence due East, 217 80 feet to the point of beginning (Sidwell No 089-01-0005-003) (11) Grant of Easement dated December 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for Water Main Easement. A 12 foot wide Water Main easement whose centerline is described as beginning at a point distant South 72°59'59" West, 48 94 feet from the Northeast corner of the following described parcel of land and proceeding thence South 29317 45°00'00" West, 46 82 feet to a point of ending on the West line of the following described parcel of land Parcel. Part of Lot 21, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75, of Plats, W C R., described as beginning at a point distant due South 300 00 feet and due West, 250 56 feet from the Northeast corner of Lot 7 and proceeding thence due South, 291 18 feet; thence South 88°52'00" West, 64 92 feet; thence due West, 15 00 feet; thence due North, 248 24 feet; thence along road right-of-way along a curve to the left Radius 50 00 feet central angle 31°27'54" an arc distance of 27 46 feet, whose chord bears North 28°44'00" East; thence North 72°59'59" East, 69 93 feet to the point of beginning. (Sidwell No 089-01-0021-001) (12) Grant of Easement dated December 18, 1995, executed by Ron Brand, President, Tri West Development, to the City of Livonia, for Water Main Easement: A 12 foot wide Water Main easement whose centerline is described as beginning at a point distant due North 241 99 feet from the Southeast corner of the following described parcel of land and proceeding thence due West 1C 21 feet to a point of ending Parcel. Part of Lots 3, 4 and 21, B E Taylor's Green Acres, being a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 69, Page 75, of Plats, W C R., described as beginning at a point distant due West 431 69 feet and due South 323 82 feet from the Northeast corner of Lot 7 and proceeding thence due East 17 71 feet; thence along road right-of-way along a curve to the left Radius 50 00 feet central angle 118°32'04" an arc distance of 103 44 feet and whose chord bears South 76°16'03" East a distance of 85 96 feet, thence due South 248 24 feet; thence due West 101 21 feet; thence due North 268 65 feet to the point of beginning (Sidwell No 089-01-0003-002) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed and Grants 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, AND BE IT FURTHER RESOLVED, that said Hillcrest Court is an improved public street and is open for public street purposes, and FURTHER, that said street is accepted into the City's Local Street System 29318 On a motion by Brosnan, seconded by McGee, and unanimously adopted, it was #117-96 RESOLVED, that having considered a communication from the Department of Law, dated January 19, 1996, transmitting for Council acceptance two Grants of Easement, more particularly described as (1) Grant of Easement dated July 24, 1995, executed by First Choice General Contractors, a Michigan limited liability corporation, to the City of Livonia, for Public Utilities and Drainage Easement: The North 12 feet of the following parcel of land Parcel "A" - Part of the N E 1/4 of Section 3, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 88°16'08" West along the North line of said Section 3, 1349 05 feet and South 01°55'33" West along the West R.0 W line of Osmus Avenue (60 feet wide) 1156 20 feet from the Northeast corner of said Section 3, proceeding thence South 01°55'33" West along the West R.O W line of Osmus Avenue 140 31 feet; thence North 88°12'08" West along the North R.O W line of Norfolk Avenue (50' wide) 80 00 feet; thence North 01°55'33" East 140 31 feet; thence South 88°12'15" East 80 00 feet to the point of beginning (Sidwell No 009-99-0056-001) AND (2) Grant of Easement dated July 24, 1995, executed by First Choice General Contractors, a Michigan limited liability corporation, to the City of Livonia, for Public Utilities and Drainage Easement. The North 12 feet of the following parcel of land Parcel "B" - part of the N E 1/4 of Section 3, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 88°16'08" West along the North line of said Section 3, 1349 05 feet and South 01°55'33" West along the West R.O W line of Osmus Avenue (60 feet wide) 1296 51 feet and North 88°12'08" West along the North R.O W line of Norfolk Avenue (50 feet wide) 80 00 feet from the Northeast corner of said Section 3, proceeding thence North 88°12'08" West along the North R.O W line of Norfolk Avenue (50 feet wide) 80 00 feet; 29319 thence North 01°55'33" East 140 31 feet; thence South 88°12'15" East 80 00 feet; thence South 01°55'33" West, 140 31 feet to the point of beginning (Sidwell No 009-99-0056-002) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants 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 On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #118-96 RESOLVED, that having considered a communication from the Department of Law, dated February 6, 1996, approved for submission by the Mayor, 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 on Wednesday, February 21, 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 Taylor, seconded by Feenstra, and unanimously adopted, it was #119-96 RESOLVED, that having considered a communication from the Livonia Arts Commission, dated January 30, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of a watercolor painting titled "David's Porch" to the City's art collection, the estimated value of which is $400 00 No one wished to speak during the audience communication portion at the end of the meeting On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #120-96 RESOLVED, that the Council does hereby refer the subject of the difference in definitions between "direction of the Chair" and "the Chair's prerogative" according to Robert's Rules of Order to the Department of Law for its report and recommendation 29320 On a motion by Taylor, seconded by McGee, and unanimously adopted, this 1,314th Regular Meeting of the Council of the City of Livonia was adjourned at 1115 p m , February 12, 1996 Jo McCotter, City Clerk