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HomeMy WebLinkAboutCOUNCIL MINUTES 1995-09-27 29057 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 27, 1995, 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 05 p m Councilmember Feenstra delivered the invocation Roll was called with the following result: Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Maureen Miller Brosnan, Laura M Toy, Dale A. Jurcisin, and Gerald Taylor Absent: None Elected and appointed officials present: Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Finance Director; Robert J Beckley, Director of Public Works, Ronald Reinke, Superintendent of Parks and Recreation, James Inglis, Housing Director; Phyllis Whitton, Housing Commission, Brian Duggan, Housing Commission, Garland Borden, Housing Commission, John Bryan, Housing Commission, Carl C Deal, Jr , Housing Commission, David Woodcox, Sr Building Inspector; Sue Daniel, Historical Commission, and Dorothy Wilshaw, Arts Commission On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #665-95 RESOLVED, that the minutes of the 1,304th Regular Meeting of the Council of the City of Livonia, held September 13, 1995, are hereby approved as submitted Mayor Bennett presented 10 1995 Beautification Awards to the following companies/organizations (REVISED PAGE - SEE CR #666-95) 29058 1) The Aspen Place Condominium Association - accepting the award: Dolores Vogel, member of the condo association, 2) The Comerica Livonia Operations Center - accepting the award: Howard Jones, Bank Officer - Field Maintenance & Special Services, 3) The Felician Sisters Chapel - accepting the award: Sister Mary Avila and Sister Roseanne Marie, 4) Gene's Marathon Service, 5) Holcroft Division of Thermo Process Systems - accepting the award. Donald Rasmussen, Maintenance Manager; 6) Laurel Park Place - accepting the award. Susan Azar, Marketing Director, Laurel Park Place, 7) The Manns-Ferguson Funeral Home - accepting the award. Charles Manns, 8) The Millgard Corporation - accepting the award. Bill Johnson, Chief Estimator; 9) The Neely-Turowski Funeral Home - accepting the award Leonard A. Turowski, Jr and wife, Vickey; and 10) The Pinewood Corporate Center - accepting the award: Peter Ventura, Jr No one from the audience wished to speak during the audience communication portion of the meeting. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #666-95 RESOLVED, that the Council does hereby refer the matter of the condition of the landscaping at the NuVision Optical store located at 34901 Plymouth Road to the Inspection Department for its report and recommendation On a motion by Feenstra, seconded by Jurcisin, it was #667-95 RESOLVED, that having considered a letter from Jim Kogut, 15415 Susanna Circle, Livonia, requesting that the City ban all pets from City parks, the Council does hereby refer this subject (including the practicality thereof) to the Ordinance Enforcement Division for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, and Taylor NAYS Kavanagh. The President declared the resolution adopted. 29059 At the direction of the Chair, Items #1, 15 and 16 were removed from the Consent portion of the Agenda On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was #668-95 RESOLVED, that having considered an application from Bev Knox, 32965 Oakley, and Norma Sharkey, 32951 Oakley, dated September 6, 1995, requesting permission to close Oakley Street between Westmore and Loveland on Saturday, October 7, 1995 from 4 00 p m to 8 00 p m for the purpose of conducting a block party, and having also considered a letter from Bev Knox, dated September 23, 1995, the Council does hereby determine to take no further action On a motion by McGee, seconded by Jurcisin, it was. #669-95 RESOLVED, that having considered a letter from Mary Karr, representing the Marshall Craft Fair Committee, dated August 30, 1995, and a letter from Debra Murray-Worley, Chairperson of the Marshall Craft Fair, dated September 26, 1995, which requests permission to display signs announcing the 10th Annual Marshall Elementary Craft Fair to be held on Saturday, October 14, 1995, which signs are approximately 18" x 24" in size and which will be located as follows Northwest and Southeast corners of: Six Mile and Farmington Roads Six Mile and Levan Roads Five Mile and Farmington Roads Five Mile and Levan Roads Seven Mile and Farmington Roads Six Mile and Newburgh Roads Six Mile and Merriman Roads Seven Mile and Newburgh Roads Seven Mile and Merriman Roads Five Mile and Newburgh Roads Five Mile and Merriman Roads Five Mile and Hubbard Seven Mile and Gill Roads Merriman Road and Lyndon Farmington Road and Lyndon Southeast corners of: Seven Mile and Haggerty Roads Eight Mile and Gill Roads Eight Mile and Farmington Roads Eight Mile and Newburgh Roads Seven Mile and Levan Roads Southeast and Northeast corners of: Six Mile and Haggerty Roads 29060 Total of Free Standing Signs. 37 and wooden 4' x 4' signs at the corners of Farmington and Curtis Roads and Seven Mile and Myron, and which signs would be displayed from October 5, 1995 through October 15, 1995, the Council does hereby grant and approve this request in the manner and form herein submitted #670-95 RESOLVED, that having considered a letter from Richard J Wood, representing the Craft Show Committee for the Clarenceville Athletic Boosters Club, which requests permission to display wire signs announcing the Clarenceville High School annual craft show to be held on Saturday, November 11, 1995, which signs are to be 14" x 22" in size and which will be displayed at all major intersections in the City from November 1, 1995 through November 12, 1995, the Council does hereby grant and approve this request in the manner and form herein submitted #671-95 RESOLVED, that having considered a letter from William E Rose, 15841 Harrison, Livonia, Michigan 48154, dated September 6, 1995, wherein a request is made to purchase certain City-owned property located adjacent to 15841 Harrison (Lot 051 99 0076 000), the Council does hereby refer this matter to the Department of Law for its report and recommendation #672-95 RESOLVED, that having considered a communication from the City Assessor, dated August 25, 1995, approved for submission by the Mayor, with regard to a request from Dolores Cullen, 9824 Berwick, Livonia, Michigan 48150, to split and combine Tax Item Nos 46 133 03 1009 001 and 46 133 03 1011 001 into two parcels, the Council does hereby refer this matter back to the Department of Assessment for review of the appropriate tax item numbers prior to submission of this request to Council for its consideration A report and recommendation from the Traffic Commission, dated July 31, 1995, re possible additional signage at Eight Mile Road and Victor Parkway to further control truck traffic and to restrict ingress and egress from Seven Mile Road only was received and placed on file for the information of the Council (CR 337-95) #673-95 RESOLVED, that having considered the report and recommendation of the Traffic Commission, dated July 31, 1995, submitted pursuant to Council Resolution 337-95, the Council does hereby refer the subject of possible additional signage on Eight Mile Road and Victor Parkway to control through traffic to the Streets, Roads and Plats Committee for its report and recommendation 29061 #674-95 RESOLVED, that having considered a communication from the Director of Community Resources and the Director of Public Works, dated August 24, 1995, approved by the City Attorney and approved for submission by the Mayor, to which is attached a proposed contract for caretaking services at the Historical Village at Greenmead between the City of Livonia and Gregg Mabey, the term of which is August 18, 1995 through August 17, 1996, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the contract as well as to do all other things necessary or incidental to the full performance of this resolution #675-95 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated August 25, 1995, which bears the signature of the Director of Community Resources, is approved by the Director of Finance and approved for submission by the Mayor, with regard to the renewal of the contract between the City of Livonia and Suzanne Daniel, a member of the Livonia Historical Commission, as designated by the Commission, authorizing the purchase by this member of artifacts and furnishings, the Council does hereby authorize the said extension in the manner and form herein recommended for a one-year period, commencing October 5, 1995, the said one-year extension to be based upon the same terms and conditions as those which are set forth in a contract dated June 18, 1986, which contract was previously authorized in Council Resolution 536-86, adopted on June 4, 1986, and thereafter authorized to be renewed in Council Resolutions 488-87, 543-88, 883-89, 67-91, 127-92, 101-93, 857-93, and 698-94, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said contract extension, which contract shall be prepared by the Department of Law in accordance with the action taken herein #676-95 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 31, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits Parks and Recreation Commission resolution 2327-95, adopted on August 7, 1995, wherein it is recommended that the fee schedule for umpires be as follows CURRENT PROPOSED METHOD OF TYPE RATE RATE PAYMENT Adult Softball $15 00 $18 00 Teams pay on site Adult Basketball & Class D 15 00 18 00 Teams pay on site Adult Volleyball 15 00 18 00 Teams pay on site LJ F L. Baseball 14 00 15 00 City reimburses league 29062 L.J F L. Basketball 14 00 15 00 City reimburses league the Council does hereby concur in and approve of such action #677-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 29, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Cannon Engineering & Equipment Company, 2011 Heide Street, Troy, Michigan 48084, for supplying the Public Service Division (Water and Sewer Maintenance Section) with two (2) 9-11 yard dump bodies and repainting of cabs for a total price of$19,488 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of the sum of$19,488 00 from funds already budgeted in Account No 592-000-142-000 for this purpose #678-95 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated September 11, 1995, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize payment in the amount of $16,820 79 to Sunset Excavating, 12641 Stark Road, Livonia, Michigan 48150, for providing emergency sewer repair in connection with the blockage of a sanitary sewer on July 14, 1995, caused by a contractor working on behalf of the Michigan Department of Transportation, FURTHER, the Council does hereby authorize this expenditure from funds already budgeted in the Water and Sewer Fund Contractual Services Account 592-559-818- 000 until reimbursement is received from the Michigan Department of Transportation contractor; FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions of Section 3 04 140D1 of the Livonia Code of Ordinances, as amended #679-95 RESOLVED, by the City Council of the City of Livonia, that the Annual Christmas Parade be, and hereby is approved for Saturday, November 18, 1995, beginning at 9 00 a m , and that the Wayne County Road Commission is hereby requested to close Six Mile Road from Inkster to Middlebelt Road between the hours of 6 00 a m and 11 00 a m , Seven Mile Road, from Merriman to Inkster, between the hours of 9 00 a m and 11 00 a m , and Middlebelt Road, from Six Mile to Eight Mile Roads, between the hours of 8 30 a m and 11 00 a m , or until the road is returned to normal traffic operation, that the City of Livonia will 29063 assume liability for any damage claims which may arise as a result of the road closure, and that Lieutenant Joseph Derscha is hereby designated and authorized to sign the road closure permit in behalf of the City of Livonia #680-95 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 14, 1995, and the report and recommendation of the Chief of Police, dated August 31, 1995, approved for submission by the Mayor, the Council does hereby approve of the request from Distinctive Beverage Dist., Inc. for transfer of ownership of a wholesale beer/wine business from 1415 Maplewood, Troy, Michigan, for a business to be located at 27557 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 #681-95 RESOLVED, that having considered the report and recommendation of the Housing Director, dated August 11, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein the Housing Commission has recommended the following rental increases to become effective December 1, 1995, with respect to the City-owned scattered site properties listed Current Proposed 2 Bedroom $200 $225 29149 Morlock 20121 Floral 27545 Long 11683 Cardwell 3 Bedroom $290 $310 11910 Cardwell 21411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile 4 Bedroom $370 $375 20120 Deering The above rents exclude utilities the Council does hereby concur in and approve of the recommended action 29064 #682-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September 12, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize a change order to the irrigation contract with Sprinkler Services Company, 30017 W Eight Mile Road, P 0 Box 530693, Livonia, Michigan 48153, for expansion of the existing drainage system at the Fox Creek Golf Course, for an estimated total cost not to exceed $79,360 00, based upon the Director of Public Works' estimate of units involved, subject to a final payment based upon the unit prices of the actual quantities installed, FURTHER, the Council does hereby authorize a transfer of funds in the amount of $79,360 00 from the Interest Revenue Account No 101-000- 665-000 to the Fox Creek Capital Project Expense Account No 101-685- 974-100 for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #683-95 RESOLVED, that having considered the report and recommendation of the Mayor, dated September 12, 1995, and a communication from Jack Armstrong, GM Powertrain Division Plant Manger, regarding a proposal to purchase a portion of City-owned property surrounding Fire Station #4 located at 12300 Middlebelt Road, the Council does hereby refer this matter to the Department of Law for its report and recommendation #684-95 RESOLVED, that having considered a communication from the Department of Law, dated September 6, 1995, which submits a quit claim deed for City-owned property located on Plymouth Road west of Newburgh, Livonia, Michigan, the legal description of which is as follows Part of Lot 535 of"Supervisor's Livonia Plat No 9" of part of the S E 1/4 of Section 30, T 1 S , R. 9 E , as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows commencing at the S W corner of Lot 535, thence North 01°54'10" West, 28 09 feet along the West line of Lot 535 to a point; thence South 75°52'20" East, 72 00 feet; thence South 01°54'10" East, 28 09 feet to the S E. corner of said Lot 536, thence North 75°52'20" West, 72.00 feet to the point of beginning. (Plymouth Road right-of-way - Tax Parcel No 120-02-535-001) the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a quit claim deed to the County of Wayne and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested 29065 to prepare and place in proper form such legal documents as may be necessary to consummate this transaction The report and recommendation of the Planning Commission, dated August 29, 1995, re whether entrance markers installed in new subdivisions should be a requirement of plat approval prescribed by ordinance was received and placed on file for the information of the Council (CR 477-95) #685-95 RESOLVED, that having considered the report and recommendation of the Planning Commission, dated August 29, 1995, with respect to whether entrance markers installed in new subdivisions should be a requirement of plat approval prescribed by ordinance, the Council does hereby refer this matter to the Department of Law to prepare an appropriate ordinance amendment to the Plat Ordinance for submission to Council, and which amendment would require that new subdivisions have at least one entrance marker at the entrance to the subdivision from each abutting thoroughfare, and that its location and design be subject to review by the Planning Commission and approval of the City Council prior to approval of the final plat. #686-95 RESOLVED, that having considered a communication from the City Planning Commission, dated September 7, 1995, which transmits its resolution 8-177-95, adopted on August 29, 1995, with regard to the subdivision entrance marker and landscape greenbelt proposed for Caliburn Estates Subdivisions 2 and 3, proposed to be located on the east side of Newburgh between Seven Mile Road and Vargo Avenue in the Northwest 1/4 of Section 8, and the entrance marker and landscape greenbelt having been approved by the City Planning Commission on August 29, 1995, the Council does hereby concur in the recommendation of the City Planning Commission and the said subdivision entrance marker and landscape greenbelt are hereby approved subject to the following conditions 1) That the Landscape Plan dated 7/11/95 prepared by Calvin Hall & Associates is hereby approved and shall be adhered to, 2) That all lawn and landscaped areas are to be fully irrigated with automatic underground sprinkler systems, and 3) That the ground sign shown on the approved plan is hereby approved and shall be adhered to #687-95 RESOLVED, that having considered a communication from the City Planning Commission, dated September 7, 1995, which transmits 29066 its resolution 8-176-95, adopted on August 29, 1995, with regard to the subdivision entrance marker and landscape greenbelt proposed for Caliburn Manor Subdivisions 2 and 3, proposed to be located on the west side of Newburgh between Seven Mile Road and Laurel Park Drive in the Northeast 1/4 of Section 7, and the entrance marker and landscape greenbelt having been approved by the City Planning Commission on August 29, 1995, the Council does hereby concur in the recommendation of the City Planning Commission and the said subdivision entrance marker and landscape greenbelt are hereby approved subject to the following conditions 1) That the Landscape Plan dated 7/11/95 prepared by Calvin Hall & Associates is hereby approved and shall be adhered to, 2) That all lawn and landscaped areas are to be fully irrigated with automatic underground sprinkler systems, and 3) That the ground sign shown on the approved plan is hereby approved and shall be adhered to #688-95 RESOLVED, that having considered a request from Mr Gus Tawil for review of the proper alignment of the left turn movements at the intersection of Seven Mile Road and Victor Parkway/Blue Skies Drive, the Council does hereby refer this matter to the Traffic Commission and the Engineering Department for their respective reports and recommendations #689-95 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from General Motors Corporation (GM), GM Powertrain Division - Livonia Operations, dated September 15, 1995, covering new industrial facilities to be located within City of Livonia Industrial Development District 2, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows. 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, October 23, 1995, at 7 00 29067 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, October 23, 1995, at 700 p.m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result: AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None On a motion by Feenstra, seconded by Brosnan, it was #690-95 RESOLVED, that having considered the report and recommendation of the Housing Director, dated August 11, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended a rental adjustment for Silver Village as follows A) Pre-December, 1990 Residents Adjusted Rent Bedroom Size Current Rent Effective 12-1-95 One Bedroom $265 $275 Two Bedroom 300 310 B) Post-December, 1990 Residents bedroom Size Current Rent Effective 12-1-95 One Bedroom $330 $340 Two Bedroom 385 395 The above rents exclude gas and electric the Council does hereby concur in and approve of the recommended action A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, McGee, Brosnan, Jurcisin, and Taylor NAYS Kavanagh and Toy 29068 The President declared the resolution adopted On a motion by Feenstra, seconded by McGee, it was #691-95 RESOLVED, that having considered the report and recommendation of the Housing Director, dated August 11, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended the following rental adjustments with respect to Newburgh Village Bedroom Size Current Rent Effective 12-1-95 One Bedroom $415 $425 Two Bedroom 485 495 The above rents exclude gas and electric. the Council does hereby concur in and approve of the recommended action A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, McGee, Brosnan, Jurcisin, and Taylor NAYS Kavanagh and Toy The President declared the resolution adopted On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #692-95 WHEREAS, the Livonia City Council supports legislation which reduces the number of elections, and, WHEREAS, such legislation should increase voter participation in the democratic process, and, WHEREAS, House Bill #4447, as presently written, would not allow, for instance, the required city charter special elections or September primary elections, and, WHEREAS, the Livonia City Council does not endorse House Bill #4447, as written, but does support efforts of the State Legislature to increase voter participation, reduce voting expenditures, and protect home rule, and, 29069 THEREFORE, BE IT RESOLVED, that the Livonia City Council does hereby encourage our representatives to pursue this legislation to a successful conclusion On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #693-95 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 11, 1995, submitted pursuant to Council Resolution 315-95, and a communication from the Chairman of the Planning Commission, dated April 25, 1995 with regard to provisions of the Livonia Zoning Ordinance which treat neon tubing as signs, the Council does hereby determine to take no further action with regard to this matter On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #694-95 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 11, 1995, submitted pursuant to Council Resolution 411-95, and a communication from Michael P McGee, Vice President of the Council, dated June 2, 1995, with respect to the subject of amending the Noxious Weeds (Nuisance) ordinance, to require cutting weeds six to seven times per year and when the weeds reach 4" in height, the Council does hereby determine to take no further action with respect to reducing the mowing heights or increasing the frequency of cutting weeds On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #695-95 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 11, 1995, regarding the subject of the maintenance of landscaped berms, the Council does hereby refer the subject of the maintenance of landscaped berms and the extent of the responsibility of homeowners associations in this regard (particularly on the north side of Six Mile between Farmington and Newburgh) and the subject of an appropriate penalty clause in addition to the mowing charge in the right-of-way to the Department of Law and the Inspection Department for their respective reports and recommendations 29070 On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #696-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, submitted pursuant to Council Resolution 739-88, and the report and recommendation of the Mayor and Planning Director, dated July 5, 1988, in connection with a letter from Kevin J Sullivan of Commerce Town Associates, dated May 5, 1988, wherein a request is submitted for a hearing regarding certain land-locked residential and industrial property located on the north side of Alden Village Subdivision, the Council does hereby determine to take no further action with respect to this request. On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #697-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, the Council does hereby refer the matter of the possible development of certain land-locked residential and industrial property located on the north side of Alden Village Subdivision to the Livonia Economic Development Office for its report and recommendation On a motion by Brosnan, seconded by Kavanagh, and unanimously adopted, it was #698-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, the Council does hereby refer the subject of a more appropriate zoning classification (i e , residential and/or industrial) in the area surrounding certain land-locked residential and industrial property located on the north side of Alden Village Subdivision and a proposed concept for harmonious development to the Planning Department for its report and recommendation On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #699-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, the Council does hereby determine that the subject of the most appropriate land usage in the area surrounding certain land- 29071 locked residential and industrial property located on the north side of Alden Village Subdivision shall remain in the Streets, Roads and Plats Committee for further consideration On a motion by Brosnan, seconded by Kavanagh, and unanimously adopted, it was #700-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, submitted pursuant to Council Resolution 789-89 with regard to a request from Mr Ronald Borkowski, P 0 Box 52232, Livonia, MI 48152, for dividing Tax Item No 46 004 01 0236 001 into two parcels, the Council does hereby determine to take no further action with respect to this request. On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #701-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, submitted pursuant to Council Resolution 953-89 in connection with a communication from the City Planning Commission, dated October 2, 1989 to which is attached the 1989 Land Use Inventory Study, the Council does hereby determine to take no further action with regard to this matter On a motion by Brosnan, seconded by Kavanagh, and unanimously adopted, it was #702-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, submitted pursuant to Council Resolution 30-91 with regard to a request dated August 28, 1990 from Mr K.R. Evans, 18871 Gary Lane, Livonia, MI 48152 to purchase City-owned property located at 30330 and 30340 Six Mile Road, the Council does hereby determine to take no further action with regard to this request. On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #703-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, submitted pursuant to Council Resolution 216-93 29072 with regard to the subject of the proposed Beverly Park Playground, the Council does hereby determine to take no further action with regard to this matter On a motion by Brosnan, seconded by Kavanagh, and unanimously adopted, it was #704-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, submitted pursuant to Council Resolution 1003-89 in connection with a communication from the Mayor, dated October 17, 1989, with regard to the Fox Creek Golf Course Entrance, the Council does hereby determine to take no further action with regard to this matter On a motion by Brosnan, seconded by Kavanagh, and unanimously adopted, it was #705-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 18, 1995, submitted pursuant to Council Resolution 502-95 with respect to the matter of the naming of Phillips Mews Street near the intersection of Mayfield and Capitol, the Council does hereby request that Mr Phillips remove this street sign, FURTHER, the Council does hereby authorize reimbursement to Mr Phillips for the cost of the sign if previously purchased by Mr Phillips McGee took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 95-5-1-9) A roll call vote was taken on the foregoing Ordinance with the following result: AYES. Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None 29073 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 95-7-3-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTIONS 0108, 010C, 011A, 0208, 020D, 055A, 055B, 065A, 065B, 066A AND 070C OF AND ADDING SUBSECTION 010S TO CHAPTER 36 (OPERATING VEHICLE WHILE UNDER INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE) OF TITLE 10 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication L. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was 29074 #706-95 RESOLVED, that having considered a letter dated August 31, 1995, from Charles G Tangora, Attorney at Law, Brashear, Tangora and Spence, LLP, representing the Italian-American Club Banquet Hall, Inc., requesting approval of an application for a new Michigan Liquor Control Commission Class C full-year liquor license for a banquet hall located at 39200 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City approves the said request "Above all Others", and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was #707-95 RESOLVED, that the Council does hereby refer the subject of whether the former Class C Liquor License held by the City as co- licensee with Bobby's Country House (Idyl Wyld Golf Course) can be made available for sale by the City to the Department of Law for its report and recommendation On a motion by Jurcisin, seconded by Toy, it was #708-95 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated August 30, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Bell Equipment Company, 379 lndusco Court, Troy, Michigan 48083, for supplying the Public Service Division (Road Maintenance Section) with one (1) mechanical street sweeper for a net price of $119,850 00, based on a total price of $124,950 00 less trade-ins of $5,100 00, the same having been in fact the lowest bid received which meets all specifications, and the bids of Burke Equipment Company, VQuip, Inc. and Bell Equipment Company are hereby rejected for the reasons shown in the attachment; FURTHER, the Council does hereby authorize the said purchase from funds already budgeted in the Municipal Refuse Fund Capital Outlay-Vehicles, Account No 205-527-985-000, and FURTHER, the Council does hereby appropriate and authorize the expenditure of an additional sum not to exceed $19,850 00 from the Unexpended Fund Balance of the Municipal Refuse Fund for this purpose A roll call vote was taken on the foregoing resolution with the following result: AYES McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor 29075 NAYS Feenstra The President declared the resolution adopted On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #709-95 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 12, 1995, approved for submission by the Mayor, submitted pursuant to Council Resolution 120-95 regarding competitive bids received with respect to the proposed sale of City-owned property located on the north side of Seven Mile between Fitzgerald and Levan, the Council does hereby accept the offer and authorize the sale of the aforesaid City-owned property to Mr Nazek Abdul-Baki and Dr Fadi Daouk, 7315 Middlepoint, Dearborn, MI 48126, for a total purchase price of$281,000 00, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction, FURTHER, the Council does hereby direct that the proceeds from the sale of this property be dedicated to the construction of a new fire station. On a motion by Jurcisin, seconded by McGee, it was RESOLVED, that having considered a communication from the City Planning Commission, dated September 11, 1995, which transmits its resolution 8-175-95 adopted on August 29, 1995, with regard to Petition 95-8-8-20 submitted by Albert Kahn Associates, Inc., in behalf of St. Mary Hospital, requesting approval of all plans in connection with a proposal to construct a child care center on property located at 36475 Five Mile Road in the Northwest 1/4 of Section 20, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-8-8-20 is hereby approved and granted, subject to the following conditions. 1) That the Site Plan marked Sheet C-1 dated 8/1/95 prepared by Albert Kahn Associates, Inc. is hereby approved and shall be adhered to, 29076 2) That the new parking spaces for the child care center as shown on the approved Site Plan shall be double striped, 3) That the Elevation Plan dated August 1995 prepared by Albert Kahn Associates, Inc. is hereby approved and shall be adhered to, 4) That a fence at least 5 ft. high shall encompass the entire outdoor play area as required in Section 9 03(j) of Zoning Ordinance 543, and 5) That the Landscape Plan marked Sheet L-1 dated 8/22/95, received by the Planning Department on 8/29/95, prepared by Albert Kahn Associates, Inc., is hereby approved and shall be adhered to On a motion by Kavanagh, seconded by Brosnan, it was RESOLVED, that the Council does hereby determine to substitute an approving resolution in lieu of the foregoing that would add an additional condition stating that additional shrubs or arborvitae shall be installed between the fence surrounding the outdoor play area and the adjoining parking area Kavanagh and Brosnan withdrew their motion to substitute Jurcisin and McGee withdrew their motion on the originally proposed approving resolution On a motion by Jurcisin, seconded by McGee, it was #710-95 RESOLVED, that having considered a communication from the City Planning Commission, dated September 11, 1995, which transmits its resolution 8-175-95 adopted on August 29, 1995, with regard to Petition 95-8-8-20 submitted by Albert Kahn Associates, Inc., in behalf of St. Mary Hospital, requesting approval of all plans in connection with a proposal to construct a child care center on property located at 36475 Five Mile Road in the Northwest 1/4 of Section 20, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-8-8-20 is hereby approved and granted, subject to the following conditions. 1) That the Site Plan marked Sheet C-1 dated 8/1/95 prepared by Albert Kahn Associates, Inc. is hereby approved and shall be adhered to, 29077 2) That the new parking spaces for the child care center as shown on the approved Site Plan shall be double striped, 3) That the Elevation Plan dated August 1995 prepared by Albert Kahn Associates, Inc. is hereby approved and shall be adhered to, 4) That a fence at least 5 ft. high shall encompass the entire outdoor play area as required in Section 9 03(j) of Zoning Ordinance 543, 5) That the Landscape Plan marked Sheet L-1 dated 8/22/95, received by the Planning Department on 8/29/95, prepared by Albert Kahn Associates, Inc., is hereby approved and shall be adhered to, and 6) That additional dense hedge landscaping shall be installed between the fence surrounding the outdoor play area and the adjoining parking area A roll call vote was then taken on the foregoing resolution with the following result: AYES McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #711-95 RESOLVED, that the Council does hereby refer the matter of the installation of sidewalks in connection with the development of a child care center on property located at 36475 Five Mile Road (St. Mary Hospital) and the matter of street lights and pedestrian walk lights at the intersection of Five Mile and Levan Roads to the Streets, Roads and Plats Committee for its report and recommendation On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #712-95 RESOLVED, that having considered a communication from the Department of Law, dated September 1, 1995, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 27 foot strip of property, 100 feet in length, owned by Mr Van H Jones, which land is more particularly described as follows. 29078 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 S W 1/4 of the S E. 1/4 of the S.W 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) subject to the following conditions 1 That the purchase price shall be in the sum of $2,700 00, 2 That the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in the sum not to exceed $800 00, and 3 That the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $500 00 BE IT FURTHER RESOLVED, that a sum not to exceed $4,000 00 is hereby authorized to be expended from the $12 Million General Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was. #713-95 RESOLVED, that having considered a communication dated September 6, 1995, from the Department of Law transmitting for Council acceptance one Quit Claim Deed and four Grants of Easement, more particularly described as (1) Quit Claim Deed dated June 26, 1995, executed by John S Wheeler, a single man, to the City of Livonia, for Centerline Description for 60 foot wide right-of-way. Part of Lots 535 and 536 of"Supervisor's Livonia Plat No 9," as recorded in Liber 66, Page 60, Wayne County Records, said plat being a part of the Southeast 1/4 of Section 30, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, said right-of-way being 29079 more particularly described as follows commencing at the Southwest corner of Lot 536, thence North 01°54'10" West, 371.22 feet along the West line of Lot 536 to the point of beginning, thence North 88°05'50" East, 140 72 feet to the point of ending (Birch Run right-of-way) (Sidwell Nos 120-02-0536-002, 120-02-0536- 003, 120-02-0535-002, 120-02-0535-003) AND (2) Grant of Easement dated June 26, 1995, executed by John S Wheeler, a single man, to the City of Livonia, for Public Utilities and Surface Drainage The South 6 feet of the following parcel of land Part of Lot 536 of"Supervisor's Livonia Plat No 9" of part of the Southeast 1/4 of Section 30, T 1 S , R. 9 E , as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows commencing at the Southwest corner of Lot 536, thence North 01°54'10" West, 184 66 feet along the West line of Lot 536 to the point of beginning, thence continuing along said West line of Lot 536 North 01°54'10" West, 186 56 feet; thence N 88°05'50" E , 71 52 feet; thence S 01°54'10" E , 186 56 feet along the East line of Lot 536, thence S 88°05'50" W , 71 52 feet to the point of beginning (Sidwell No 120-02-0536-002) AND (3) Grant of Easement dated June 26, 1995, executed by John S Wheeler, a single man, to the City of Livonia, for Public Utilities and Surface Drainage The North 6 feet of the following parcel of land Part of Lot 536 of "Supervisor's Livonia Plat No 9" of part of the Southeast 1/4 of Section 30, T 1 S , R. 9 E., as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows commencing at the Southwest corner of Lot 536; thence North 01°54'10"West, 371.22 feet along the West line of Lot 536 to the point of beginning, thence continuing along said West line of Lot 536 N 01°54'10" West, 193 26 feet; thence N 88°00'53" E , 71 52 feet; along the North line of Lot 536, thence S 01°54'10" E., 193 36 feet along the East line of Lot 536, thence S 88°05'50" W , 71 52 feet to the point of beginning (Sidwell No 120-02-0536-003) 29080 AND (4) Grant of Easement dated June 26, 1995, executed by John S Wheeler, a single man, to the City of Livonia, for Public Utilities and Surface Drainage The South 6 feet of the following parcel of land Part of Lot 535 of"Supervisor's Livonia Plat No 9" of part of the Southeast 1/4 of Section 30, T 1 S , R 9E , as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows commencing at the Southwest corner of Lot 535, thence North 01°54'10" West, 205.21 feet along the West line of Lot 535 to the point of beginning, thence continuing along said West line of Lot 535 N 01°54'10" West, 186 56 feet; thence N 88°05'50" E., 69 20 feet; thence S 01°54'10" E , 186 55 feet along the East line of Lot 536, thence S 88°05'50" W , 69.20 feet to the point of beginning (Sidwell No 120-02-0535-002) AND (5) Grant of Easement dated June 26, 1995, executed by John S Wheeler, a single man, to the City of Livonia, for Public Utilities and Surface Drainage The North 6 feet of the following parcel of land Part of Lot 535 of"Supervisor's Livonia Plat No 9" of part of the Southeast 1/4 of Section 30, T 1 S , R. 9 E., as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows commencing at the Southwest corner of Lot 535, thence N 01°54'10"West, 391 77 feet along the West line of Lot 535 to the point of beginning, thence continuing along said West line of Lot 535 N 01°54'10" West, 193 36 feet; thence N 88°00'53" E., 69.20 feet along the North line of Lot 535, thence S 01°54'10" E , 193 46 feet along the East line of Lot 535, thence S 88°05'50" W , 69.20 feet to the point of beginning (Sidwell No. 120-02-0535-003) 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, (REVISED PAGE - SEE CR #716-95) 29081 that said Birch Run 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 On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was. #714-95 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 8, 1995, which is approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept donations totaling $1,635 00 from the sources indicated, FURTHER, the Council does hereby appropriate and credit the sum of $1,635 00 to Account No 702-000-285-216 for use in the Senior Citizen Programs On a motion by McGee, seconded by Toy, and unanimously adopted, it was. #715-95 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 Toy, seconded by McGee, and unanimously adopted, it was: #716-95 RESOLVED, that having considered a communication from the Director of Building Inspection, dated August 7, 1995, approved for submission by the Mayor, with regard to a request to demolish a house located at 18405 Melvin, Livonia, Michigan (Parcel 041990058001) the legal description of which is as follows. That point of the West 1/2 of the Northeast 1/4 of Section 11, described as beginning at a point distant West 1569 96 feet and South 2033 0 feet from the Northeast corner of Section 11 and proceeding thence South 120 0 feet; thence West 215 0 feet; thence North 120 0 feet; thence East 215 0 feet to the point of beginning, except the East 30 0 feet thereof 0 51 Ac. and the Council having conducted a public hearing with respect to this matter on September 20, 1995, pursuant to Council Resolution 566-95, and based upon the testimony and evidence presented, and having reviewed the file and the order for demolition of the Hearing Officer, the Council does hereby determine in accordance with the provisions set forth in Section 15 52 150 of the Livonia Code of Ordinances, as amended, to 29082 concur in and approve the order of demolition of the Hearing Officer; FURTHER, the owner or owners of the structure in question are hereby requested to demolish the same or in lieu thereof upon the expiration of the 20-day period prescribed by City Ordinance, the Department of Public Works is hereby authorized to do all things necessary to accomplish the demolition of the said structure in accordance with the provisions of City Ordinance and law, the cost of which is to be borne by the owner or owners of the said property in accordance with Section 15 52 180 of the Livonia Code of Ordinances On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was. #717-95 RESOLVED, that having considered a communication from the City Clerk, dated September 27, 1995, which indicates that the proprietor of Orangelawn Woods Subdivision No 2, located in the Northeast 1/4 of Section 33, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communication from the City Planning Commission, dated September 27, 1995, wherein said Commission approved the final plat for the said subdivision in its resolution 9-185-95, adopted on September 26, 1995, and the Council having considered a report from the City Engineer, dated September 19, 1995, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its Resolution 407-95, adopted on June 21, 1995, said preliminary plat having been recommended for approval by the City Planning Commission on May 9, 1995, in its resolution 5-79-95, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Orangelawn Woods Subdivision No 2, located in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of 1967, as amended, and the ordinances of the City of Livonia, and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution During the audience communication portion of the meeting, Tony Brehler, 19602 Hardy, thanked the Council for supporting the concept of House Bill 4447, and especially wanted to thank Joan McCotter and Fernon Feenstra for their help and information regarding the Freedom of Information Act. 29083 Council President Taylor informed the viewing audience that Edith Davis (the Personnel Director for the City) was injured in an automobile accident while she was up north She is coming along fine and the Council wished her well Additionally, Councilmember Jurcisin announced that this Sunday (October 1) is the Annual Crop Walk. This is an annual ecumenical charitable movement and all parishes in Livonia are involved St. Timothy's, located on Newburgh south of Six Mile, is hosting the start, which is 1 30 p m On a motion by Brosnan, seconded by McGee, and unanimously adopted, this 1,305th Regular Meeting of the Council of the City of Livonia was adjourned at 9.20 p m , September 27, 1995 '-->cram, (So-; Jan McCotter, City Clerk