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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-06-22 28311 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 22, 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 04 p m Councilmember Kavanagh delivered the invocation Roll was called with the following result Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, and Gerald Taylor Absent None Elected and appointed officials present Robert D Bennett, Mayor; Gary Clark, Assistant City Engineer; John Nagy, City Planner; Cathryn K White, Chief Assistant City Attorney; Joan McCotter, City Clerk; Robert Bishop, City Treasurer; Karen A Szymula, Director of Legislative ihmAffairs; Michael Slater, Finance Director; James Inglis, Director of Housing; and Lee Grieve, Police Chief On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #457-94 RESOLVED, that the minutes of the 1,274th Regular Meeting of the Council of the City of Livonia, held June 8, 1994, are hereby approved as submitted No one wished to speak during the audience communication portion at the beginning of the meeting At the direction of the Chair, Item #11 was removed from the Consent portion of the Agenda On a motion by Feenstra, seconded by Toy, it was #458-94 RESOLVED, that having considered a communication from the City Assessor, dated May 12, 1994, approved for submission by 11, the Mayor, with regard to a request from Mr Keith Biggs, 9623 Spencer Road, Brighton, Michigan 48116, on behalf of Ms Mary Blucher, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item Nos 46 051 99 0011 000 and 46 051 99 0012 000 into four parcels, the legal descriptions of which shall read as follows 2831 2 PARCEL "A" The West 1/2 of that part of the SW 1/4 of Section 13, T1S, R9E, City of Livonia, Wayne County, Michigan; described as beginning at a point distant due north along the west section line 988 34 ft and S 89°37' E 338 ft from the SW corner of Section 13; thence due south 136 ft ; thence S 89°37' E along the north line of Roycroft Street 138 ft ; thence due north 136 ft ; thence N 89°37' W 138 ft to the point of beginning Containing 9, 384 sq ft , or 0 22 ac PARCEL "B" The East 1/2 of that part of the SW 1/4 of Section 13, T1S, R9E, City of Livonia, Wayne County, Michigan; described as beginning at a point distant due north along the west section line 988 34 ft and S 89°37' E 338 ft from the SW corner of Section 13; thence due south 136 ft ; thence S 89°37' E along the north line of Roycroft Street 138 ft ; thence due north 136 ft ; thence N 89°37' W 138 ft to the point of beginning Containing 9,384 sq ft , or 0 22 ac PARCEL "C" The West 1/2 of that part of the SW 1/4 of the SW 1/4 of Section 13, T1S, R9E, City of Livonia, Wayne County, Michigan; described as beginning at a point distant north 822 34 ft and east 476 0 ft from the SW corner of Section 13; thence north 166 ft ; thence east 138 0 ft ; thence south 166 0 ft ; thence west 138 0 ft to the point of beginning Except the south 30 ft thereof Containing 9, 384 sq ft , or 0 22 ac PARCEL "D" The East 1/2 of that part of the SW 1/4 of the SW 1/4 of Section 13, T1S, R9E, City of Livonia, Wayne County, Michigan; described as beginning at a point distant north 822 34 ft and east 476 0 ft from the SW corner of Section 13; thence north 166 ft ; thence east 138 0 ft ; thence south 166 0 ft ; thence west 138 0 ft to the point of beginning Except the south 30 ft thereof Containing 9, 384 sq ft , or 0 22 ac as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds #459-94 RESOLVED, that having considered a letter from Mr Owen J Cummings of Cummings, McClorey, Davis & Acho, P C , 33900 Schoolcraft, Livonia, Michigan 48150, on behalf of Mr and Mrs Samuel Durante, dated June 1, 1994, wherein an interest is expressed in the purchase of certain City-owned property located on the east side of Newburgh Road, approximately 300 feet south of Ann Arbor Trail, to construct a residence, the Council does hereby refer this item to the Department of Law for its report and recommendation 2831 3 #460-94 RESOLVED, that having considered Petition 94-6-3-6 submitted by Jerry R Brady under the date of June 2, 1994, wherein a request is submitted for the vacating of a certain alley located south of Seven Mile Road between Lathers Avenue on the east and Harrison Avenue on the west, adjacent to Lots 59 through 63 inclusive of the Dohany Subdivision, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance #461-94 RESOLVED, that having considered a communication from the Livonia Hockey Association, 33723 Five Mile Road, Suite 340, Livonia, Michigan 48154, dated June 7, 1994, and the report and recommendation of the Mayor, dated June 13, 1994, with regard to a request to extend the lease of Devon-Aire Arena for an additional three (3) year period, and having also considered the report and recommendation of the Department of Law, dated June 20, 1994, approved for submission by the Mayor, to which is attached a proposed amendment to the Lease Agreement for Devon-Aire Arena between the City of Livonia and the Livonia Hockey Association, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached amendment 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 A communication from the Inspection Department, dated June 1, 1994, re the awning for Video Vista, 34359 Plymouth Road, was received and placed on file for the information of the Council (CR 362-94) #462-94 RESOLVED, that having considered the report and recommendation from the Executive Director of the Housing Commission, dated May 31, 1994, approved for submission by the Mayor, to which is attached an amendment of the Annual Contributions Contract No C-885, in the amount of $1, 584,150 00 and to which is attached a HUD letter indicating approval of the Project Development Proposal for the acquisition and rehabilitation of 15 existing dwelling units, the Council does hereby approve the said Amendment No 8 and extension of the current Annual Contributions Contract and does further authorize the President of the Housing Commission to execute the same in the manner and form herein submitted and to submit same to the U S Department of Housing and Urban Development for their approval #463-94 RESOLVED, that having considered the report and recommendation from the Superintendent of Parks and Recreation, dated May 18, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the need for concrete replacement at Clements Circle and Botsford Pools, the Council does hereby authorize such work to be added to the 1994 Sidewalk Contract previously awarded to CLre 28314 Concrete Construction, Inc , 31088 Grennada, Livonia, Michigan 48154; FURTHER, the Council does hereby appropriate and authorize the expenditure of the total sum of $33, 009 80 from Account Numbers 101 720 974 000 and 101 721 974 000 for this purpose; and the Council does hereby appropriate and authorize the transfer of $1, 009 80 from the Unexpended Fund Balance Account to Account No 101 720 974 000 for this purpose; FURTHER, the Council does hereby authorize this additional work without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #464-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 25, 1994, approved by the Finance Director and approved for submission by the Mayor, and the attached final estimate dated May 25, 1994, the Council does hereby authorize final payment in the amount of $1,697 00 to Westland Tree Service, 41307 Five Mile Road, Plymouth, Michigan 48170, which sum includes the full and complete balance due on the contract dated December 20, 1993, in the amount of $14, 975 00, the actual contract amount completed to date being $16,672 00 in connection with the 1994 Tree and Stump Removal Program, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications and that the necessary contractor's affidavit has been filed #465-94 RESOLVED, that the Council does hereby request that with respect to the making of City investments, transfers and disbursements or any other transaction involving City funds or accounts with any and all banks or financial institutions of any kind, the name and authorization of Michael T Slater, Finance Director, to act in behalf of the City of Livonia, be added to the names of James P Andres, Chief Accountant, and Gerald G Sabo, Assistant Chief Accountant, to the extent required; FURTHER, the Council does hereby take this means to amend and revise to the extent necessary to be consistent with the action taken herein Council Resolution 495-93, as well as any other resolutions that may have been previously enacted in this regard #466-94 RESOLVED, that having considered a communication from the Department of Law, dated May 27, 1994, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, to which is attached an Offer to Purchase Agreement submitted in behalf of Marygrove Awning Company for the purchase of certain City-owned property located at 31391 Industrial Road, Livonia, Michigan, the Council does hereby authorize the sale of the aforesaid City-owned property to William J Bellinger and Sharon L Bellinger, his wife, the owner of Marygrove Awning Company, which land is more particularly described as follows Lot 21, except the South 200 feet thereof, as measured at right angles to the East lot line of said lot, Merriman Industrial Subdivision, as recorded in Liber 88, Pages 25 and 26, Wayne County Records, said subdivision being a part (REVISED PAGE) 2831 5 of the N W 1/4 of Section 26, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan; also excepting the following described portion of said Lot 21 reserved for dlimm Merriman Road right-of-way That part of the N W 1/4 of Section 26, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N 0° 02' 20" West, 49 50 feet; thence S 89° 25' 30" East, 140 feet and N 05° 06' 45" West, 203 97 feet to a point on the West lot line of said Lot 21 from the West 1/4 corner of said Section 26; and proceeding thence N 05° 06' 45" West along said West lot line 195 feet; thence S 89° 25' 30" East along the North lot line of said Lot 21, 63 feet; thence S 13° 15' 35" West, 198 89 feet to the point of beginning (Tax Parcel No 102-01-0021-001) subject to the following conditions A Purchase price in the amount of $265, 000 00; B Payment of $65,000 00 down with balance to be paid within four (4) years on a land contract with monthly payments of not less than $1, 969 48, including interest payment at the rate of 8 5% per annum, which do not include prepaid taxes and insurance; Lit C City is to provide a title insurance policy in an amount not less than the purchase price Note City already has a title policy which would be updated for this transaction (estimated cost $656 00) ; D The deposit money in the sum of $5, 000 00 is to be credited to the purchase price (deposit is being held by the broker, Crabill and Company, and will be applied on the commission to be paid to the broker) ; E The broker, Crabill and Company, shall receive a commission in the amount of six (6%) percent of the sale price ($15,900 00) ; F The purchaser is afforded the right of entry to inspect the roof and mechanical equipment of the subject property Based upon such inspection, this offer may be declared null and void within ten (10) days of the acceptance of the offer; G City is to provide a satisfactory environmental report to the purchaser, requiring a Phase II showing of no contaminates specifically, but not inclusive, resulting from Lcontamination from neighboring properties In no event will the City be required to pay more than $3,000 00 toward said environmental report; 28316 H City is to provide at closing a survey and legal description (to be provided by the Engineering Department) ; Ike I City is to cause removal of structures to the west of the property and confirm the construction of the road to the property known as 12700 Merriman Road; and J Purchaser acknowledges that the property is presently leased until November 30, 1994, and agrees to close upon the tenant vacating the premises on or before December 15, 1994 Purchaser also is granted permission to negotiate a new lease agreement with the said tenant and, if successful, the City agrees to close the transaction upon ten (10) days from written notice from purchaser; the action herein being taken is in accordance with Section 3 05 090A of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a 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, a sum not to exceed $4, 000 00 is hereby appropriated and authorized to be expended from the $12 Million General Obligation Road Improvement Bond Issue for the purpose of providing an environmental report as well as to cover the cost of the title insurance required for this transaction; and the proceeds received from this sale shall be deposited in and credited to the 1989 $12 Million General Obligation Road Improvement Bond Issue #467-94 WHEREAS, pursuant to the direction of the City Council in its resolution 407-94, adopted on May 25, 1994, and in accor- dance 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 June 7, 1994, an assessment roll dated May 17, 1994, for the street improvement project consisting of 28' wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) on Munger Road, east of Merriman, in the Northwest 1/4 of Section 14, 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 407-94; 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 Los 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 28317 Wednesday, August 10, 1994, 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, August 10, 1994, at 8 00 p m ; 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 #468-94 WHEREAS, pursuant to the direction of the City Council in its resolution 402-94, adopted on May 25, 1994, and in accor- dance with Section 3 08 140 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 June 8, 1994, an assessment roll dated June 8, 1994, for the street lighting improvement consisting of the installation of 100-watt high pressure sodium lights on colonial post top poles with underground wiring for Stonehouse Avenue, Joy Road to Minton (including the Forest Oaks Subdivision) in the Southeast 1/4 of IL. Section 31, 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 402-94; 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, August 10, 1994, 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, August 10, 1994, at 8 00 p m ; 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 28318 A roll call vote was taken on the foregoing resolutions with the following 110 result AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None Ochala left the podium at 8 07 p m in order to avoid a perceived impropriety regarding the next Agenda item due to an unrelated business interest On a motion by Feenstra, seconded by Kavanagh, it was #469-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 6, 1994, which transmits its resolution 4-77-94, adopted on April 12, 1994, with regard to the proposed preliminary plat of Victor Hill Subdivision to be located between Northland and Seven Mile Roads, west of Newburgh Road, in the Southwest 1/4 of Section 6, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on April 12, 1994, the Council does hereby approve of the said preliminary plat based upon the 110 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 A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None The President declared the resolution adopted Ochala returned to the podium at 8 08 p m On a motion by Jurcisin, seconded by McGee, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 1994, which transmits its resolution 5-90-94, adopted on May 3, 1994, with regard to a sign permit application submitted by Sterling Bank & Trust requesting approval to erect one ground sign on property located at 37100 Six Mile Road in Section 8, the Council does hereby concur in the recommendation of the Planning Commission and 28319 approve the said sign permit application subject to the following 16 conditions 1 That the Sign Package by Apex Sign Group, Inc , received by the Planning Commission on April 13, 1994, is hereby approved and shall be adhered to; and 2 That the sign area shall not be illuminated beyond one hour after the last tenant in the shopping center closes On a motion by Ochala, seconded by Kavanagh, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 1994, which transmits its resolution 5-90-94, adopted on May 3, 1994, with regard to a sign permit application submitted by Sterling Bank & Trust requesting approval to erect one ground sign on property located at 37100 Six Mile Road in Section 8, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application subject to the condition that the resurfacing of the parking lot must be completed by September 1, 1994 and prior to the sign permit being issued, and subject to the following additional conditions 1 That the Sign Package by Apex Sign Group, Inc , received by the Planning Commission on April 13, 1994, is hereby approved and shall be adhered to; and 2 That the sign area shall not be illuminated beyond one hour after the last tenant in the shopping center closes A roll call vote was taken on the motion to substitute as follows AYES Kavanagh, Ochala, and Toy NAYS Jurcisin, Feenstra, McGee, and Taylor The President declared the motion to substitute denied A roll call vote was then taken on the originally proposed resolution, with the addition of a condition, as follows #470-94 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 1994, which transmits its resolution 5-90-94, adopted on May 3, 1994, with regard to a sign permit application submitted by Sterling Bank & Trust requesting approval to erect one ground sign on property located lir at 37100 Six Mile Road in Section 8, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application subject to the following conditions 28320 1 That the Sign Package by Apex Sign Group, Inc , received by the Planning Commission on April 13, 1994, is hereby approved and shall be adhered to; 2 That the sign area shall not be illuminated beyond one hour after the last tenant in the shopping center closes; and 3 That the parking lot must be paved on or before September 1, 1994 with the following result AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None The President declared the resolution adopted Kavanagh gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 94-4-3-4) 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 Kavanagh invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Toy gave first reading to 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 94-1-1-3) 28321 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 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 94-1-1-4) 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 Ochala gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-1-1-5) 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 Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 46 OF ARTICLE XVIII OF ORDINANCE 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 94-2-6-1) 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 28322 Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 23 05 OF ARTICLE XXIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 94-2-6-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #471-94 RESOLVED, that having considered a communication from the City Assessor, dated May 31, 1994, approved for submission by the Mayor, with regard to a request from Mr John Wheeler, 16183 Winchester Drive, Northville, Michigan 48167, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item Nos 46 120 02 0535 000 and 46 120 02 0536 000 into six parcels, the legal descriptions of which shall read as follows PARCEL "A" Part of Lot 536 of "Supervisor's Livonia Plat No 9" of part of the S E 1/4 of Sec 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 536; thence N O1°54' 10" W 28 09 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" W 156 57 feet; thence N 88°05' 50" E 71 52 feet; thence S 01°54' 10" E 177 12 feet along the East line of Lot 536; thence N 75°52' 20" W 74 41 feet along the proposed 60' R 0 W line of Plymouth Road to the point of beginning Containing 0 2739 acres Subject to easements and restrictions of record PARCEL "B" Part of Lot 536 of "Supervisor's Livonia Plat No 9" of part of the S E 1/4 of Sec 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 536; thence N 01°54' 10" W 184 66 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" W 186 56 feet; thence N 88°05' 50" E 71 52 feet; thence S 01°54' 10" E 186 56 feet along the East 160 line of Lot 536; thence S 88°05' 50" W 71 52 feet to the point of beginning Containing 0 3063 acres Subject to easements and restrictions of record 28323 PARCEL "C" Part of Lot 536 of "Supervisor's Livonia Plat No 9" of part of the S E 1/4 of Sec 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 536; thence N O1°54' 10" W 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" W 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 Containing 0 3174 acres Subject to easements and restrictions of record PARCEL "D" Part of Lot 535 of "Supervisor's Livonia Plat No 9" of part of the S E 1/4 of Sec 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 N 01°54' 10" W 28 09 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" W 177 12 feet; thence N 88°05' 50" E 69 20 feet; thence S 01°54' 10" E 197 00 feet along the East line of Lot 535; thence N 75°52'20" W 72 00 feet along the proposed 60' R 0 W line of Plymouth Road to the point of beginning Containing 0 2972 acres Subject to easements and restrictions of record PARCEL "E" Part of Lot 535 of "Supervisor's Livonia Plat No 9" of part of the S E 1/4 of Sec 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 N 01°54' 10" W 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" W 186 56 feet; thence N 88°05' 50" E 69 20 feet; thence S 01°54' 10" E 186 56 feet along the East line of Lot 535; thence S 88°05' 50" W 69 20 feet to the point of beginning Containing 0 2964 acres Subject to easements and restrictions of record PARCEL "F" Part of Lot 535 of "Supervisor' s Livonia Plat No 9" of part of the S E 1/4 of Sec 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 N 01°54'10" W 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" W 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 Containing 0 3073 acres Subject to easements and restrictions of record (REVISED PAGE - CR 473-94) 28324 as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, FURTHER, that the abutting Plymouth Road right-of-way shall be dedicated to its fullest extent (60' ) and street lights shall be installed, and all other requirements of the Plat Act shall be followed On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #472-94 RESOLVED, that having considered a communication from Corporate Child Care Management, 35526 Grand River, Suite 300, Farmington Hills, Michigan 48335, dated May 31, 1994, on behalf of 3PM McKesson, requesting approval to develop an on-site/ near-site child care center for their employees on property located at 30927 Schoolcraft Road, Livonia, Michigan 48150, the Council does hereby approve this request subject to the petitioners obtaining a variance for this purpose from the Zoning Board of Appeals On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #473-94 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 31, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the purchase of a Live Scan Fingerprinting Management System from Digital Biometrics Inc , 5600 Rowland Road, Minnetonka, Minnesota 55343-4315, for the price of $57,118 00, the same to be appropriated and expended from Account No 101 307 987 000 for this purpose; and the Council does hereby appropriate and authorize the transfer of the additional sum of $9,118 00 from Account No 101 304 702 000 to Account No 101 307 987 000 and the expenditure of such amount for this purpose; FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #474-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 31, 1994, approved for submission by the Mayor, the Council does hereby authorize the release to Mr Louis Ronayne, 28947 Glenbrook, Farmington Hills, Michigan 48331, the proprietor of Bobrich Circle Subdivision, located in the Southeast 1/4 of Section 11, of the financial assurances previously deposited with respect to the Sidewalk Improvements, in the sum of $1, 700 00 pursuant 28325 to Council Resolution 607-87 adopted on July 1, 1987, and suzsequently amended in Council Resolution 965-89, 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 On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #475-94 RESOLVED, that having considered a communication from the City Engineer and the Director of Public Works, dated June 2, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby determine to accept the bid withdrawal request of the low bidder, Mago Construction Company, and hereby authorize the return of their bid bond for the reasons noted in their letter to the City dated June 1, 1994; FURTHER, the Council does hereby determine to accept the bid of SBG Construction, Inc , P 0 Box 6067, Wixom, Michigan 48393, in the amount of $565, 715 00 for the replacement of certain water mains within the City based on the Engineering Division's estimate of units of work involved, and subject to final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work (based upon the withdrawal of the bid submitted by Mago Construction Company) ; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $565, 715 00 from Account No 591---/158-031 (Construction-in- Progress Water Main Replacement) ; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and the City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder as well as to do all other things necessary or incidental to the full performance of this resolution On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #476-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 13, 1994, which transmits its resolution 6-106-94, adopted on June 7, 1994, with regard to Petition 94-4-2-11, submitted by Lorrine B Salan requesting waiver use approval to operate an arcade with mechanical amusement devices within the Livonia Mall shopping center located at the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, which IMP property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 94-4-2-11 is hereby approved and granted, subject to the following conditions 28326 1 That the Floor Plan/Storefront Elevation Plan marked Sheet P-1 dated 4-12-94 prepared by Jon Greenburg & Associates, Inc , Architects, which is hereby approved shall be adhered to; 2 That the total number of mechanical amusement devices shall not exceed 25; 3 That the hours of operation shall not extend beyond 9 00 p m except on Friday and Saturday when the hours may be extended to no later than 11 00 p m subject to a variance being granted by the Zoning Board of Appeals for such extended hours; and 4 That the subject area shall be soundproofed as required in the Zoning Ordinance Section 11 03 (s) (5) A report and recommendation from the Offices of the Mayor and the City Treasurer, dated June 10, 1994, re school contracts for tax collection was received and placed on file for the information of the Council (CR 350-94) On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #477-94 RESOLVED, that the Council does hereby discharge the Committee of the Whole from further consideration of Council Resolution 922-90 relating to the request for a report and recommendation with regard to the topic of the City' s tax collection for other taxing units (school districts) A communication from the Office of the City Clerk, dated June 7, 1994, re the tax rate levy for 1994 from the Board of Trustees of the Schoolcraft Community College District for that portion of the District in the City of Livonia was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Jurcisin, it was #478-94 RESOLVED, that having considered the report and recommendation of the Mayor and City Treasurer, dated June 10, 1994, and submitted pursuant to Council Resolution 350-94, regarding the school contracts for tax collection, the Council does hereby concur with the recommendation contained therein, and does further authorize the Mayor, the City Clerk and the City Treasurer, for and on behalf of the City of Livonia, to execute an agreement as revised with the Livonia Public Schools School District, Clarenceville School District and Schoolcraft College 28327 for summer tax collection, said agreement to be made subject to approval as to form by the Department of Law A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and McGee NAYS Taylor The President declared the resolution adopted On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #479-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated June 6, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of $2,099 82 from the sources indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the sum of $2, 099 82 to Account #702-000-385-216 for use in the Senior Citizen Programs On a motion by Toy, seconded by Ochala, and unanimously adopted, it was #480-94 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 Jurcisin, and unanimously adopted, it was #481-94 RESOLVED, that having considered a communication from the City Planning Commission, dated April 26, 1994, which sets forth its resolution 4-73-94 adopted on April 12, 1994, with regard to Petition 94-2-1-7, submitted by the City Planning Commission pursuant to Council Resolution 83-94, for a change of zoning on property located west of Middlebelt, between Five Mile Road and Wentworth Avenue, in the Southeast 1/4 of Section 14, from PL to R-9, and the Council having conducted a public hearing with regard to this matter on Monday, June 20, 1994, pursuant to Council Resolution 342-94, the Council does hereby approve Petition 94-2-1-7 for preparation of the ordinance for submission Los to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 28328 On a motion by Feenstra, seconded by Ochala, and unanimously Li adopted, it was #482-94 RESOLVED, the Council does hereby request, in accordance with Section 23 01 (a) of Zoning Ordinance 543, that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether the City-owned property located west of Middlebelt, between Five Mile and Puritan, should be rezoned from PL to NP During the audience communication portion of the meeting, Council President Taylor informed the viewing public that Joseph (Joe) Jenkin passed away on the evening of June 20, 1994 Joe served for 30 years on the Livonia Library Commission, often as its President A memorial service is scheduled for June 29, 1994 at 11 00 a m at the Newburgh United Methodist Church He will be missed by all those who knew him No one in the audience wished to speak at this time On a motion by Ochala, seconded by Kavanagh, and unanimously Lim adopted, this 1,275th Regular Meeting of the Council of the City of Livonia was adjourned at 8 39 p m , June 22, 1994 i - At ULU 44[11 J., McCotter, City Clerk il ILIII