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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-09-28 28459 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 28, 1994, 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 06 p m Councilmember Ochala delivered the invocation Roll was called with the following result * Ron Ochala, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, and Gerald Taylor (*Sean P Kavanagh arrived at 8 13 p m ) Elected and appointed officials present Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K White, Chief Assistant City Attorney; Ann W Tavolacci, Deputy City Clerk; Karen A Szymula, Director of Legislative Affairs, Lee Grieve, Police Chief; Michael Murray, Deputy Police Chief; and Dorothy Wilshaw, Arts Commission On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #669-94 RESOLVED, that the minutes of the 1, 280th Regular Meeting of the Council of the City of Livonia, held September 14, 1994, are hereby approved as submitted There was no audience communication at the beginning of the meeting On a motion by Toy, seconded by McGee, it was #670-94 RESOLVED, that having considered a request from Steve and Pam Pokornicki, 31641 Bobrich Avenue, Livonia, Michigan 48152, dated September 8, 1994, to purchase City-owned property located south of Eight Mile and east of Merriman at 30060 and 30062 Norfolk (Tax Item Nos 005 01 0182 000 and 005 01 0183 000) , the Council does hereby refer this matter to the Department of Law for its report and recommendation lip 28460 #671-94 RESOLVED, that having considered a request from Steve Land Pam Pokornicki, 31641 Bobrich Avenue, Livonia, Michigan 48152, dated September 8, 1994, to purchase City-owned property located south of Eight Mile and east of Merriman at 30060 and 30062 Norfolk (Tax Item Nos 005 01 0182 000 and 005 01 01 0183 000) , the Council does hereby refer the question of the availability of utilities for the possible development of this property to the Engineering Department for its report and recommendation A communication from the Inspection Department, dated September 1, 1994, re a report on the condition of properties located at 13505 Middlebelt (F & M Distributors) , 13507 Middlebelt (Handy Andy) , and 13971 Middlebelt (Wine Palace) was received and placed on file for the information of the Council (CR 597-94) #672-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 19, 1994, approved by the Finance Director and approved for submission by the Mayor, and to which is attached an extension of the agreement between the City of Livonia and the Wayne County Office of Nutrition Services for the distribution of U S D A TEFAP Commodities to low-income residents, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the extension of said agreement in the manner and form herein submitted, as well as to do all things necessary or incidental to the full performance of this resolution #673-94 RESOLVED, that Carlesino Products, Inc , 29800 W Eight Mile Road, Farmington, MI 48336, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Sunset Subdivision, to be located south of Eight Mile Road between Merriman Road and Milburn Avenue in the Northwest 1/4 of Section 2, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated March 9, 1994; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on February 8, 1994; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated September 7, 1994; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including 28461 the Subdivision Control Ordinance, being Title 16, Chapters 16 04 1100 through 16 24 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation L of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts 28462 A General Improvement Bond $207, 000 00 of which at least 111 $10, 000 00 shall be in cash B Sidewalk Bond $ 6, 600 00 of which at least $4, 000 00 shall be in cash C Grading & Soil Erosion $ 2, 000 00 (all cash) D Road Restoration Bond $250, 000 00 of which at least $25, 000 00 shall be in cash E Monuments & Lot Markers 380 00 (all cash) and require cash payments in the total amount of $17,677 50 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision #674-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 22, 1994, which bears the signatures of the Finance Director and the Chairman of the Water and Sewer Board and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $7, 000 48 to D 0 C Contracting, Inc , which sum includes the full and complete balance due on a contract authorized in Council Resolution 410-93 in the amount of $535, 090 00, the actual final contract amount completed to date being $542, 090 48, in connection with the construction of sanitary sewer and water main facilities within the Livonia Hills Subdivision, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications; and the Council does hereby appropriate and authorize the expenditure of the additional sum of $7, 000 48 from the Unexpended Fund balance of the Water Fund for this purpose #675-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 9, 1994, which transmits its resolution 8-154-94, adopted on August 30, 1994, with regard to Petition 94-8-8-15, submitted by John D Dinan, requesting site plan approval in connection with a proposal to construct an office building on property located at 37751 Pembroke Street in the Southeast 1/4 of Section 26, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 94-8-8-15 is hereby approved and granted, subject to the substitution of a greenbelt in place of a protective wall and subject to the following additional conditions 1) That the Site Plan, defined as Sheet 1, dated 2 Aug 1994, by Michael A Boggio Assoc Architects, which shall include double striping of the parking lot, is hereby approved and shall be adhered to; 28463 2) That the Landscape Plan, defined as Sheet L-1, dated 2 Aug i'm 1994, by Michael A Boggio Assoc Architects, is hereby approved and shall be adhered to; and that the landscape materials should be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; and 3) That the Elevation Plan, defined as Sheet 2, dated 2 Aug 1994, by Michael A Boggio Assoc Architects, is hereby approved and shall be adhered to #676-94 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, November 14, 1994, at 7 00 p m , at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 94-6-1-15, submitted by Westland Industrial Park and Modern Builders Supply, Inc for a change of zoning of property located on the west side of Mayfield Avenue, north of Plymouth Road in the Southwest 1/4 of Section 27 from P to M-1, the City Planning Commission in its resolution 8-148-94 having recommended to the City Council that Petition 94-6-1-15 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution #677-94 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Crucam, Inc , dated August 1, 1994, covering new industrial facilities to be located within City of Livonia Industrial Development District 55; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 28464 1 The City Clerk shall provide copies of the said Application /40 to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, PA 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 of this Application and (iii) to advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, October 24, 1994, at 7 00 p m , at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, October 24, 1994, at 7 00 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 Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 94-6-3-6) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Jurcisin, seconded by Toy, it was #678-94 RESOLVED, that having considered a letter from the iWo Michigan Liquor Control Commission, dated July 25, 1994, and the report and recommendation of the Chief of Police, dated August 17, 1994, approved for submission by the Mayor, the Council does hereby approve of the request from Nicholas Party Store, Inc 28465 (Stockholder Ahlam Shango) for a new SDM license to be located at 13820 Merriman Road, Livonia, Michigan 48154, Wayne County, and for transfer of ownership of a 1987 SDD license with Sunday Sales Permit, in escrow, from Richard P George and for the transfer of location from 38675 Ann Arbor Road, Livonia, Michigan 48150, Wayne County, to a business to be located at 13820 Merriman Road, Livonia, Michigan 48154, Wayne County; FURTHER, the Council does hereby waive the 1, 000 foot and 500 foot separation requirements as set forth in Section 11 03 (r) of Zoning Ordinance No 543, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None The President declared the resolution adopted Kavanagh entered the meeting at 8 13 p m On a motion by Feenstra, seconded by Ochala, it was #679-94 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 2, 1994, approved by the Director of Finance and approved for submission by the Mayor, as well as a communication from the Mayor, dated September 2, 1994, in connection with a letter from Paul Sabatini, 31630 Plymouth Road, Livonia, Michigan 48150, representing East Side Mario' s, dated May 24, 1994, wherein an interest is expressed in the rental of certain vacant City-owned property located adjacent to his property at 31630 Plymouth Road to accommodate overflow traffic from a proposed restaurant at that location, the Council does hereby refer the matter of the lease of the property to the Mayor to begin negotiations for the lease of the property for a one- to five-year period A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Toy The President declared the resolution adopted On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was 28466 #680-94 RESOLVED, that Winfield Development Inc , 15510 Farmington Road, Livonia, MI 48154, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Pines of Winfield Subdivision, to be located south of Seven Mile Road and east of Wayne Road in the Northwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated July 22, 1992 (and extended for one year on August 29, 1994) ; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on June 16, 1992 (and for the extension on July 26, 1994) ; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated August 10, 1994; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Engineering Department and L the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; Ibm 28467 (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts LA General Improvement Bond (Including Bell Creek $441, 000 00 of which at least $10, 000 00 shall be in cash Improvements) B Sidewalk Bond $ 33, 500 00 of which at least $4, 000 00 shall be in cash C Grading & Soil Erosion $ 3, 600 00 (all cash) D Entrance Markers and $ 10, 000 00 of which at least Landscaping $3, 000 00 shall be in cash E Monuments and Lot Markers 990 00 (all cash) and require cash payments in the total amount of $32,481 50 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision Several members of the audience spoke during this time They are as follows L Bill Biga, 35354 Lancashire, re concerns relative to drainage/erosion along Bell Creek; Joe Durso, 15510 Farmington Road, re requested to be notified about various meetings; and 28468 Ron Goolsby, 35260 Banbury Court, re the problems he has been having with his property along the creek On a motion by Toy, seconded by McGee, and unanimously adopted, it was #681-94 RESOLVED, that having considered a communication from the City Engineer, dated August 10, 1994, approved for submission by the Mayor, with respect to the establishment of improvement bonds for Pines of Winfield Subdivision located in the Northwest 1/4 of Section 9, the Council does hereby refer the subject of drainage concerns related to the development of this subdivision to the Water Supply, Drainage, Sewage, and Waste Disposal Study Committee for its report and recommendation On a motion by Toy, seconded by Ochala, and unanimously adopted, it was #682-94 RESOLVED, that having considered a communication from the City Engineer, dated August 10, 1994, approved for submission by the Mayor, with respect to the establishment of improvement bonds for Pines of Winfield Subdivision located in the Northwest 1/4 of Section 9, the Council does hereby refer the subject of similarities and/or differences between Pines of Winfield Subdivision and Rennolds' Ravines Subdivision to the Engineering Department for its report and recommendation On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was #683-94 RESOLVED, that having considered a communication from the City Engineer, dated August 10, 1994, approved for submission by the Mayor, with respect to the establishment of improvement bonds for Pines of Winfield Subdivision located in the Northwest 1/4 of Section 9, the Council does hereby refer the matter of whether improvement bonds can be subsequently increased based on additional information regarding the impact of the development on surrounding properties to the Department of Law for its report and recommendation On a motion by Jurcisin, seconded by Kavanagh, it was RESOLVED, that having considered a communication from the City Planning Commission, dated September 9, 1994, which transmits its resolution 8-152-94, adopted on August 30, 1994, with regard to Petition 94-8-3-7, submitted by Terry and Frank Czekaj , requesting the vacating of a portion of an easement on Lot 12, Carrington Estates, located south of Seven Mile Road between Wayne and Laurel Roads in the Northwest 1/4 of Section 9, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 28469 94-8-3-7, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution On a motion by Feenstra, seconded by Ochala, it was #684-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 9, 1994, which transmits its resolution 8-152-94, adopted on August 30, 1994, with regard to Petition 94-8-3-7, submitted by Terry and Frank Czekaj , requesting the vacating of a portion of an easement on Lot 12, Carrington Estates, located south of Seven Mile Road between Wayne and Laurel Roads in the Northwest 1/4 of Section 9, the Council does hereby refer this item and its impact on the total drainage system in the surrounding area to the Water Supply, Drainage, Sewage, and Waste Disposal Study Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Toy, Feenstra, McGee, and Kavanagh NAYS Jurcisin and Taylor Lit The President declared the resolution adopted On a motion by Jurcisin, seconded by Kavanagh, it was #685-94 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1994, which sets forth its resolution 6-118-94, adopted on June 21, 1994, with regard to Petition 94-4-6-3, submitted by the City Planning Commission on its own motion to determine whether to amend Zoning Ordinance No 543 to delete churches as permitted uses in C-2 districts, and the Council having conducted a public hearing with regard to this matter on September 12, 1994, pursuant to Council Resolution 534-94, the Council does hereby approve Petition 94-4-6-3 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 Ochala, Toy, Jurcisin, McGee, Kavanagh, and Taylor lieNAYS Feenstra The President declared the resolution adopted 28470 On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #686-94 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1994, which sets forth its resolution 6-119-94, adopted on June 21, 1994, with regard to Petition 94-4-6-4, submitted by the City Planning Commission on its own motion to determine whether to amend Section 18 38 of Zoning Ordinance No 543 to establish parking requirements for transmission repair shops and other types of auto repair facilities, and the Council having conducted a public hearing with regard to this matter on September 12, 1994, pursuant to Council Resolution 534-94, the Council does hereby approve Petition 94-4-6-4 for preparation of the ordinance for submission to Council; and the Department of Law is requested to prepare on ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Jurcisin, seconded by Kavanagh, it was #687-94 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1994, which sets forth its resolution 6-120-94, adopted on June 21, 1994, with regard to Petition 94-4-6-5, submitted by the City Planning Commission pursuant to Council Resolution 47-94, to determine whether to amend Section 4 02 of Zoning Ordinance No 543 with regard to the placement of pole-mounted basketball backboards and hoops in R-1 through R-5 districts, and the Council having conducted a public hearing with regard to this matter on September 12, 1994, pursuant to Council Resolution 534-94, the Council does hereby concur in the recommendation of the Planning Commission and Petition 94-4-6-5 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, McGee, Kavanagh, and Taylor NAYS Toy and Feenstra The President declared the resolution adopted On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #688-94 RESOLVED, that having considered a communication dated September 19, 1994, from the Department of Law transmitting for Council acceptance two Quit Claim Deeds and one Grant of Easement, more particularly described as 28471 (1) Quit Claim Deed dated June 13, 1994, executed by Thomas Celani, President of Action Distributing Company, Inc , to the City of Livonia, for A proposed right-of-way dedicated to the public for roadway purposes and the installation of utilities, described as part of the Northeast 1/4 of Section 29, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as commencing at the Northeast corner of said Section 29, thence S 00°26' 13" West, 1,380 00 feet, and N 89°25' 10" West, 315 00 feet and S 00°26' 13" West, 633 24 feet to the point of beginning, thence on a curve to the left, radius of 140 0 feet, central angle of 37°44' 57", chord bears N 71°33'45" East, 90 58 feet, a distance of 92 24 feet; thence on a curve to the right, radius of 75 00 feet, central angle of 255°29' 55", chord bears S 00°26' 13" West, 118 60 feet, an arc distance of 334 45 feet; thence on a curve to the left, radius of 140 0 feet; central angle of 37°44' 57", chord bears N 70°41' 19" West, 90 58 feet, a distance of 92 24 feet; thence N 00°26' 13" East, 60 00 feet to the point of beginning (Veronica Drive Right-of-Way - Part of Sidwell No 113-99-0016-000) (2) Quit Claim Deed dated May 20, 1994, executed by Emmett C Tracy, Vice President of G P D , Inc , a Michigan Corporation, to the City of Livonia, for A proposed right-of-way dedicated to the public for roadway purposes and the installation of utilities, described as part of the Northeast 1/4 of Section 29, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as commencing at the Northeast corner of said Section 29, thence S 00°26' 13" West, 1,380 00 feet, and N 89°25'10" West, 315 00 feet and S 00°26' 13" West, 633 24 feet to the point of beginning; thence on a curve to the left, radius of 140 0 feet, central angle of 37°44' 57", chord bears N 71°33'45" East, 90 58 feet, a distance of 92 24 feet; thence on a curve to the right, radius of 75 00 feet, central angle of 255°29'55", chord bears S 00°26'13" West, 118 60 feet, an arc distance of 334 45 feet; thence on a curve to the left, radius of 140 0 feet; central angle of 37°44'57", chord bears N 70°41' 19" West, 90 58 feet, a distance of 92 24 feet; thence N 00°26'13" East, 60 00 feet to the point of beginning (Veronica Drive Right-of-Way - Part of Sidwell No 113-99-0016-000) (3) Grant of Easement dated June 13, 1994, executed by Thomas Celani, President of Action Distributing Company, Inc , to the City of Livonia, for Water Main Easement 28472 A 20 foot wide easement for water main laying in part of the NE 1/4 of Section 29, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, whose centerline is further described as beginning at a point distant S 00°26'13" West, 2,293 35 feet from the Northeast corner of said Section 29; thence N 89°33'47" West, 10 00 feet; thence N 00°26'13" East, 152 45 feet; thence N 42°38' 10" West, 29 67 feet; thence N 87°38' 10" West, 162 00 feet; thence N 65°08' 10" West, 111 00 feet; thence S 88°56' 12" West, 21 77 feet to the point of ending the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deeds and Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution AND BE IT FURTHER RESOLVED, that said Veronica Drive 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 Ochala, seconded by Jurcisin, and unanimously adopted, it was #689-94 RESOLVED, that the Council does hereby suspend their rules for'procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #690-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 21, 1994, and a communication from the Chief of Police, dated September 15, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby amend and revise its previous resolution #186-94 due to the bankruptcy of Crimtec Systems, Inc and its failure to perform the terms of the contract and the Council does hereby authorize the purchase of a 30 unit in-car video monitoring system from Kustom Signals, Inc , 9325 Pflumm, Lenexa, Kansas 66215-3347, for a total price of $141, 895 75, the same to be appropriated and expended from Account No 265-334-987-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication and the fact that said purchase is based upon the Wayne County Association of Chiefs of Police second low bid price; 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 28473 On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #691-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 21, 1994, and a communication from Jeff Young of PowerFone, Inc , 26800 Haggerty Road, Farmington Hills, Michigan 48331, dated August 24, 1994, to which is attached a proposed lease agreement between the City of Livonia and PowerFone, Inc (d/b/a Nextel Communications) for a period of 15 years with three successive five-year renewal periods in connection with a proposal for a radio tower and associated radio communications facilities to be constructed by PowerFone, Inc and such tower and equipment shelter to be conveyed to the City and subsequently leased back to PowerFone, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement, as revised, in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #692-94 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 Wednesday, November 2, 1994, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 94-8-1-17, submitted by Leo Soave Bldg , Inc for a change of zoning of property located south of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, from RUF and R-7 to R-lA, the City Planning Commission in its resolution 9-157-94 having recommended to the City Council that Petition 94-8-1-17 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do 28474 Le all other things necessary or incidental to the full performance of this resolution On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #693-94 RESOLVED, that having considered a communication from Ramco-Gershenson, Inc , dated September 22, 1994, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on September 20, 1994 by the City Planning Commission in its resolution 9-158-94 with regard to Petition 94-9-2-28, submitted by Ramco-Gershenson, Inc , requesting waiver use approval to construct a Builders Square store on property located on the south side of Seven Mile Road between Middlebelt and Melvin Roads in the Northeast 1/4 of Section 11, which property is zoned C-2, the Council does hereby designate Wednesday, November 2, 1994, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in Iiin compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia No one spoke during the audience communication portion of the meeting On a motion by Toy, seconded by Jurcisin, and unanimously adopted, this 1, 281st Regular Meeting of the Council of the City of Livonia was adjourned at 9 27 p m , September 28, 1994 41 ,AMAid 722 1 , . an McCotter, City Clerk i. La