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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-05-25 28263 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 25, 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 01 p m Councilmember Feenstra delivered the invocation Roll was called with the following result Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Ron Ochala, Dale A Jurcisin, and Gerald Taylor Absent Laura M Toy (on vacation) Elected and appointed officials present Robert D Bennett, Mayor; Gary Clark, Assistant City Engineer; John Nagy, City Planner, Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Michael Slater, Finance Director; and Kevin Roney, Public Utility Manager On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was #372-94 RESOLVED, that the minutes of the 1,272nd Regular Meeting of the Council of the City of Livonia, held May 11, 1994, are hereby approved as submitted No one wished to speak during the audience communication portion at the beginning of the meeting On a motion by Kavanagh, seconded by Feenstra, it was #373-94 RESOLVED, that having considered an application from Suzanne Misiaszek, 38605 Mason Court, and Vicki Eidemiller, 14110 Marie, dated April 30, 1994, requesting permission to close Marie Street south of Mason and north of Summers on Saturday, August 20, 1994, between 12 00 noon until 9 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 21, 1994, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department 28264 #374-94 RESOLVED, that having considered a letter from the Coordinator of the Livonia Free Fair, dated May 9, 1994, wherein a request is submitted for a fireworks display permit, pursuant to 1968 PA 358, for a fireworks display to be held at Schoolcraft College on Sunday, June 12, 1994, at 10 00 p m , the Council does hereby approve of the fireworks display in the manner and form herein requested, subject to liability insurance in the amount of $1, 000, 000 being provided for this event; FURTHER, the approval herein is conditioned upon completion of the fireworks display by no later than 10 45 p m A communication from the Inspection Department, dated May 4, 1994, re report on non-residential properties on the south side of Eight Mile Road from Middlebelt to Merriman Roads for property maintenance and zoning violations was received and placed on file for the information of the Council (CR 283-94) #375-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 31, 1994, and the report and recommendation of the Chief of Police, dated April 15, 1994, approved for submission by the Mayor Pro Tem, the Council does hereby approve of the request from Iman Kashat, Stockholder in Gleno's, Inc , for a new SDM license to be located at 27405 Grand River, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #376-94 RESOLVED, that having considered the report and recommendation of the Chairperson of the Historical Commission and the Director of Community Resources, dated May 9, 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 the attached Grant Award No 94-MEP-0613 to the Livonia Historical Commission from the State of Michigan, Department of Commerce, in the amount of $71, 308 00; and the Mayor and the City Clerk are hereby authorized for and on behalf of the City of Livonia to execute the attached grant agreement in the manner and form herein submitted; FURTHER, the Council does appropriate and authorize the expenditure of $90, 600 00 from the Post Office Account as well as authorize in-kind services by City Departments in the amount of $8,000 00, so as to provide matching funding in a total amount for this project of $98,600 00 #377-94 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 19, 1994, to which is attached three alternative proposed amendments to Paragraph 1 of Section 3 04 140E of the Local Bidders Preference Ordinance, the Council does hereby refer this item to the Legislative Committee for its report and recommendation 28265 #378-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 4, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $4,449 73 with respect to the City's share in connection with the widening of Eight Mile Road between Grand River and Inkster Roads pursuant to Council Resolution 543-87, adopted on June 17, 1987; and the Council does hereby appropriate and authorize the expenditure of the additional amount of $2,453 20 from the Michigan Transportation Fund (Major Road Account) for this purpose #379-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 4, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the modernization of the existing traffic signal at the intersection of Seven Mile and Newburgh Road (providing a left-turn phasing for Newburgh Road) ; FURTHER, the Council having been advised that the estimated cost of the proposed traffic modernization is $6,200 00 does hereby approve of the City assuming 100% of the total actual cost of such modernization and for this purpose does hereby appropriate and authorize the expenditure of a sum not to exceed $6,200 00 from the Michigan Transportation Fund (Major Road Account) ; FURTHER, the Council does hereby agree to pay 50% of the future energy and maintenance costs of the aforesaid traffic control signal, and the Wayne County Department of Public Services, Division of Roads, is hereby requested to cause such traffic signal modernization at the aforesaid location in an expeditious manner; and the Mayor and City Clerk are hereby authorized to execute the attached agreement for and on behalf of the City of Livonia; and the City Clerk is also requested to send a certified copy of this resolution to the Wayne County Department of Public Services, Division of Roads #380-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 5, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the need for removal/ replacement of certain sidewalks in the Civic Center area, the Council does hereby request that the said removal/replacement of the said sidewalks be added to the 1994 Sidewalk Contract; FURTHER, the Council does hereby appropriate the sum of $22, 000 00 from the Michigan Transportation Fund (Local Road Account) for this purpose #381-94 RESOLVED, that having considered the report and recommendation of the City Engineer and the Superintendent of Parks and Recreation, dated May 5, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Keway Construction Company, Inc , P 0 Box 545, Fenton, Michigan 48430, for the paving of six foot wide asphalt cart paths on all 18 holes of the Fox Creek Golf Course for the 28266 estimated total cost of $105, 585 00 based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the sum of an expenditure not to exceed $105, 585 00 from Account No 409-000-974-103 (Golf Course Improvements) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #382-94 RESOLVED, that having considered a communication from the City Planning Commission, dated April 25, 1994, to which is attached a copy of resolution 4-76-94 wherein the Commission did amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to update the Future Land Use Plan in accordance with actual and proposed revisions which have occurred since adoption of the plan on June 10, 1975, the Council does hereby certify and acknowledge receipt of same A roll call vote was taken on the foregoing resolutions with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor NAYS None Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION 14 OF SECTION 010 OF CHAPTER 16 (PARKS AND PLAYGROUNDS) OF TITLE 12 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 030A OF TITLE 5, CHAPTER 30 (ENTERTAINMENTS AND AMUSEMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED lmmviozu vmac., 28267 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 Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF CHAPTER 56 (MALICIOUS MISCHIEF) OF, AND ADDING CHAPTER 85 (PARENTAL RESPONSIBILITY) AND CHAPTER 89 (SPRAY PAINT) TO TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 21 01 OF ARTICLE XXI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 93-10-6-6) 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 On a motion by McGee, seconded by Ochala, and unanimously adopted, it was #383-94 RESOLVED, that having considered a communication from the Department of Law, dated May 10, 1994, which submits a proposed amendment to the Zoning Ordinance in connection with Petition 93-10-6-6, which would amend Article XXI of the Zoning Ordinance so as to reduce the membership of the Zoning Board of Appeals from seven (7) members to six (6) members plus an additional alternate member, with all seven (7) members serving on a rotating basis, which petition was previously approved in Council Resolution 321-94, and which proposed amendment to the Zoning Ordinance received first reading by Councilmember Michael McGee on May 25, 1994, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation (REVISED PAGE) 28268 ILO Kavanagh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 030 OF TITLE 10, CHAPTER 57 (TRUCK ROUTES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTIONS C, D, E AND F OF SECTION 145 OF TITLE 10, CHAPTER 66 (VEHICLE EQUIPMENT) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 6 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 92-10-1-24) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 28269 Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 1 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 93-10-1-15) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication At the direction of the Chair, Item 20 was removed from the Regular Agenda to be placed on the next Regular Meeting 111 Ochala left the podium at 8 11 p m to avoid the appearance of a possible financial conflict of interest regarding the next Agenda item McGee took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 10 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 94-1-1-1) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Ochala returned to the podium at 8 12 p m 28270 Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING TITLE 9, CHAPTER 88 (SALE OF TOBACCO PRODUCTS TO MINORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, AND ADDING SECTION 030 THERETO A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor NAYS None 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 ADDING SECTION 040 TO TITLE 9, CHAPTER 54 (TRESPASS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 161 A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, 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 Feenstra, and unanimously adopted, it was #384-94 RESOLVED, that having considered the report and recommendation of the City Attorney, dated May 11, 1994, as well as a communication from the City Clerk, dated May 16, 1994, the Council does hereby rescind and repeal Council Resolution 322-94 adopted on April 27, 1994 On a motion by Ochala, seconded by McGee, and unanimously adopted, it was 28271 #385-94 RESOLVED, that having received a Charter Amendment Initiative Petition submitted to the City Clerk from the Livonia Police Officers Association and Citizens Organized for Public Safety on April 4, 1994, the City Council does hereby direct, in accordance with the provisions of MCL 117 21, that the following question be placed on the November 8, 1994, General Election ballot CITY OF LIVONIA PROPOSITION BALLOT CHARTER AMENDMENT Are you in favor of an amendment to the City Charter of the City of Livonia that will mandate the hiring and maintaining of 23 full-paid non-supervisory patrol officers in addition to the total number of full-paid non-supervisory police officers existing as of August 31, 1994 by an additional levy upon taxable property in the City of Livonia, each year commencing December 1, 1994, in an amount not to exceed one-half of one mill (50 cents per $1, 000 of State Equalized Valuation) ? YES NO 'WmOn a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #386-94 RESOLVED, that having considered a communication from the City Assessor, dated April 15, 1994, approved for submission by the Mayor, with regard to a request from the Livonia Development Company, 20765 Parker, Farmington Hills, Michigan 48336, on behalf of Ms Virginia Wilson, 16877 Rougeway, Livonia, Michigan 48154, 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 and combination of Tax Item Nos 46 003 02 0040 000 and 46 003 02 0041 000 into three (3) parcels, the legal descriptions of which shall read as follows PARCEL "A" Lots 40 and 41 except the East 200 00 ft thereof, of Iris Gardens, part of the S W 1/4 of Section 1, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 67, on Page 55 of Plats, W C R PARCEL "B" The East 200 00 ft of Lot 41 of Iris Gardens, part of the S W 1/4 of Section 1, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 67, on Page 55 of Plats, W C R 28272 PARCEL "C" The East 200 00 ft of Lot 40, Iris Gardens, part of the S W 1/4 of Section 1, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 67, on Page 55 of Plats, W C R 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, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #387-94 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 19, 1994, approved by the Finance Department and approved for submission by the Mayor Pro Tem, which transmits its resolution #WS 3058 4/94, the Council does hereby authorize a one year extension of the agreement with D'Angelo & Son, Inc , P 0 Box 396, Farmington, Michigan 48332, to perform water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid in their proposal, dated June 1, 1992, for the period April 1, 1994 through March 31, 1995; FURTHER, The Council does hereby authorize the action herein without additional competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances, as amended On a motion by McGee, seconded by Ochala, and unanimously adopted, it was #388-94 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated May 5, 1994, approved by the Director of Finance and approved for submission by the Mayor, wherein it is recommended that the Council authorize increases to existing water and sewer rates, the Council does hereby request that the Department of Law prepare an appropriate ordinance amendment to the following sections of the Livonia Code of Ordinances for submission to Council 1 Amend Title 13, Chapter 8, Section 040, to increase the water consumption rate from $8 87 to $9 36 (per 1, 000 cubic feet) , effective with the first billing on or after August 1, 1994; and increase the water consumption rate from $9 36 to $9 69 (per 1, 000 cubic feet) , effective with the first billing on or after August 1, 1995; and lir 2 Amend Title 13, Chapter 20, Section 120 D 1 and Section 120 E to increase the Wayne County wastewater disposal charge from $8 32 to $9 06 (per 1,000 cubic feet of water 28273 used) , effective with the first billing on or after August 1, 1994; and increase the same charge from $9 06 to $9 45 (per 1, 000 cubic feet of water used) , effective with the first billing on or after August 1, 1995 On a motion by McGee, seconded by Ochala, and unanimously adopted, it was #389-94 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated May 5, 1994, approved by the Director of Finance and approved for submission by the Mayor, wherein it is recommended that the Council authorize increases to existing water and sewer rates, the Council does hereby refer the subject matter of the performance of the Water and Sewer Fund to the Water Supply, Drainage, Sewage, and Waste Disposal Committee for its report and recommendation On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #390-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated April 26, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the lease of a Canon Model NP-6650 with sorter copy machine from Hovinga Business Systems, Inc , 41180 Bridge Street, Novi, Michigan 48375, for a 36-month period for a price per month of $524 40; FURTHER, the Council does hereby authorize the said action herein without competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances, as amended On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was #391-94 RESOLVED, that the Council does hereby request that the Director of Finance submit a report and recommendation on the subject of the City' s outstanding lease agreements with regard to copy machines and the feasibility of combining the City's current lease agreements into a single agreement On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #392-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 6, Iwo 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Schroer Manufacturing Company, 2221 Campbell Street, Kansas 28274 City, Missouri 64108, for supplying the Public Service Division (Animal Control Section) with two (2) animal transport bodies in the amount of $10, 002 00 each, for a total price of $20, 004 00, the same having been in fact the lowest bid received which meets specifications; and the bid of Swab Wagon Company, Inc is hereby rejected for the reasons indicated in the aforesaid communication On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was #393-94 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 10, 1994, approved by the Mayor, as well as the report and recommendation of the Mayor, dated May 10, 1994, and having also considered the report and recommendation of the Finance Director, dated May 20, 1994, approved for submission by the Mayor, and which transmits a bid received with respect to the proposed sale of certain City- owned property located on the north side of Seven Mile Road between Fitzgerald and Levan from Tri-West Development Corp , 27540 Michigan Avenue, Inkster, Michigan 48141, the Council does hereby reject and deny such bid in the manner and form herein submitted (i e , as conditioned) On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #394-94 RESOLVED, that having considered a communication from the City Engineer, dated April 25, 1994, approved for submission by the Mayor, to which is attached lists of concrete drive approaches requiring installation within the N E 1/4 of the City of Livonia, said lists being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said lists to install drive approaches at such premises, to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said drive approach work no later than July 16, 1994, after which date the Engineering Department shall arrange for the construction of the said concrete drive approaches as a change order to the 1994 Sidewalk Program contract; FURTHER, the Council does hereby authorize the City Treasurer to advise those owners where assessments exceed $400 00 that installment payments in the number of three (3) installments at 8% interest are available in connection with the drive approach program; and FURTHER, in order to make payments to the contractor, it is recommended that the Council authorize an advance in the amount of $57, 000 00 from the $12 Million General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special 28275 assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, Land an amount of $5, 500 00 from the Michigan Transportation Fund (Local Road Account) to pay for the City's portion of this project, and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D 5 of the Livonia Code of Ordinances, as amended On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #395-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 6, 1994, which bears the signature of the Finance Director, approved as to form by the City Attorney, and approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a tri-party agreement between the City, Wayne County and the Sun Pipe Line Company for purposes of reconstructing a 16" oil line within the Merriman Road right-of-way in connection with the Merriman Road Grade Separation Project, and the sum of $247, 703 00 is hereby appropriated from the $12 Million General Obligation Bond Issue for this purpose; FURTHER, the Mayor and City Clerk are authorized to execute an exclusive easement across the Glendale Avenue right-of-way to the Sun Pipe Line Company for purposes of L construction of a new 16" oil line, said easement being more particularly described as follows A permanent easement, over that southeasterly portion of Glendale Avenue (95 feet wide) as dedicated to the use of the public in PARAGON TECHNOLOGY PARK SUBDIVISION, recorded in Liber 102 of Plats, Page 59, Wayne County Records, which is described as follows Beginning at the Southeast corner of Glendale Avenue, distant N 0°02'20" W , 449 15 feet along the East line of Section 27 and S 89°57'40" W , 60 00 feet, from the E 1/4 corner of Section 27, and proceeding thence N 0°02' 20" W 14 02 feet; thence S 45°28' 53" W , 14 02 feet; thence S 0°02' 20" E , 4 08 feet to the South line of Glendale Avenue; thence N 89°57'40" E , 10 00 feet to the point of beginning On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was #396-94 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 1994, which transmits its resolution 5-87-94, adopted on May 3, 1994, with regard to Petition 94-4-8-8 submitted by R N Home Health Care, Ltd , requesting site plan approval in connection with a proposal to construct an office building on property located at 38935 Ann 28276 Arbor Road in Section 31, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does lim hereby concur in the recommendation of the Planning Commission and Petition 94-4-8-8 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, defined as Sheet A-1 dated 5/5/94 by Campbell/Manix Associates, Inc is hereby approved and shall be adhered to; 2 That the Elevation Plan, defined as Sheet A-3 dated 4/15/94 by Campbell/Manix Associates, Inc is hereby approved and shall be adhered to; 3 That the Landscape Plan, defined as Sheet L-1 dated 5/5/94 by Campbell/Manix Associates, Inc is hereby approved and shall be adhered to; 4 That an underground irrigation system shall be installed in all landscaped areas, including the large grassy area behind the main building prior to final inspection; 5 That the landscaped greenbelt, as shown on the approved Landscape Plan, shall be substituted for the protective wall required by Section 18 45 of Zoning Ordinance No 543, and furthermore, at no time is the earth berm along the south property line to be removed and replaced with a protective wall; 6 That the earth berm will rise to the same height as the UAW/Ford berm and that the extension of the chain link fence will be identical in every respect to the property to the west; 7 That all parking bays will be double striped; and 8 That no signs are approved as part of this petition and any signs proposed to be erected shall first be reviewed by the Planning Commission and approved by the City Council On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #397-94 RESOLVED, that the Council does request that the City Planning Commission discontinue and terminate any proceedings conducted in connection with proposed rezoning of certain property located at 38935 Ann Arbor Road in Section 31 pursuant to Council Resolution 738-93, adopted on August 30, 1993 On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was 28277 #398-94 RESOLVED, that having considered a communication from Ihr 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 for one ground sign for the property located at 37100 Six Mile Road in Section 8, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #399-94 RESOLVED, that the Council does hereby request that the Inspection Department submit its report and recommendation on the condition of the Laurel Commons Shopping Center located at 37100 Six Mile Road in Section 8 On a motion by McGee, seconded by Kavanagh, and unanimously adopted, it was #400-94 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 1994, which transmits is resolution 5-88-94, adopted on May 3, 1994, with regard to Petition 94-4-8-9 submitted by Marygrove Awnings requesting site Lis plan approval in connection with a proposal for an awning sign and storefront alteration for the building located at 19162 Farmington Road in Section 3, pursuant to the provisions set forth in Section 18 47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 94-4-8-9 is hereby approved and granted subject to the following conditions 1 That the Elevation Plan, received by the Livonia Planning Commission on March 19, 1994, is hereby approved and shall be adhered to; and 2 That the sign area shall not be illuminated beyond one hour after closing On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #401-94 RESOLVED, that the Council does hereby request that the Legislative Committee submit its report and recommendation on the subject of the encroachment of signs, including awnings, on public rights-of-way Ifts On a motion by Jurcisin, seconded by McGee, it was 28278 #402-94 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 3, 1994, on all matters L required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on May 4, 1994, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights on colonial post top poles with underground wiring on Stonehouse Avenue from Minton south to West Chicago in the Southeast 1/4 of Section 31 (Forest Oaks Subdivision) , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated March 3, 1994; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; lin (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the S E 1/4 of Section 31, T 1S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment Plan on the Special Assessment Roll (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated March 3, 1994; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing Lthereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances 28279 A roll call vote was taken on the foregoing resolution with the following 160 result AYES McGee, Kavanagh, Jurcisin, and Taylor NAYS Feenstra and Ochala The President declared the resolution adopted On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #403-94 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 370, more particularly described in Council Resolution 201-94, adopted on March 23, 1994, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in the Willow Creek Subdivision in the Northwest 1/4 of Section 14 in said Special Assessment District No 370; LNOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100-watt high pressure sodium lights on colonial post top poles with underground wiring for the Willow Creek Subdivision in the Northwest 1/4 of Section 14 and that the assessments set forth in said Special Assessment District No 370 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No 370 based on installation of colonial post top poles with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement for this purpose; and FURTHER, a sum not to exceed $3, 100 00 is hereby authorized from the cash payments posted by the developer of the Willow Creek Subdivision in order to defray the Detroit Edison contribution-in-aid costs connected with this street light installation project Imm On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was 28280 #404-94 WHEREAS, pursuant to due and proper notice published lim and mailed to all property owners in Special Assessment District No 371, more particularly described in Council Resolution 200-94, adopted on March 23, 1994, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Orangelawn Woods Subdivision in the Northeast 1/4 of Section 33 said Special Assessment District No 371; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of the installation of 100-watt high pressure sodium lights on davitt poles with underground wiring for the Orangelawn Woods Subdivision in the Northeast 1/4 of Section 33 and that the assessments set forth in said Special Assessment District No 371 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No 371 based on installation of 100-watt high pressure sodium lights on davitt poles with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement for this purpose; and FURTHER, a sum not to exceed $3, 000 00 is hereby authorized from the cash payments posted by the developer of the Orangelawn Woods Subdivision in order to defray the Detroit Edison contribution-in-aid costs connected with this street light installation project On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #405-94 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 372 for a proposed street improvement consisting of a 31' wide concrete pavement with curb and gutters (Alternate I) on Roycroft, east of Middlebelt, in the Southwest 1/4 of Section 13, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing 110 thereafter having been held thereon on May 4, 1994, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City 28281 Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 372; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated February 17, 1994, in the amount of $141, 902 80, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No 372 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of eight (8%) percent per annum on the unpaid balance of the assessment from December 1, 1994 Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00) , the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1, 1994 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1, 1994; (5) The first installment shall be spread upon the 1995 City tax roll in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1, 1994 and thereafter one (1) installment shall be spread upon each 28282 annual tax roll together with one (1) year' s interest upon Lall unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08 220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay 15% of the paving costs ($25, 041 67) and 100% of drainage costs ($63,250 00) for a total amount of $88, 291 67 On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #406-94 RESOLVED, the Council does hereby request that the Director of Public Works and the City Engineer submit their respective reports and recommendations on the condition of Rayburn, Harrison and Middlebelt Roads in the Southwest 1/4 of Section 13 insofar as the damage which has been caused to same by truck traffic iOtnw:smotion by Ochala, seconded by Kavanagh, and unanimously adopted, #407-94 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 22, 1994, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on May 16, 1994, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects; (2) determine to make the road improvement consisting of 28' wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) of Munger Road, east of Merriman, located in the Northwest 1/4 of Section 14, T 15 , R 9E , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improve- ment as set forth in said statement dated March 22, 1994; 28283 (4) determine that the estimated cost of such improvement is $243, 890 62; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($27,268 59) and 100% of drainage ($62, 100 00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($154, 522 03) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the N W 1/4 of Section 14, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed on the attached Special Assessment Roll and shown on the attached Special Assessment District Map (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council 16, On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was 28284 #408-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 3, 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 $852 00 from the sources indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the sum of $852 00 to Account #702-000-285-216 for use in the Senior Citizen Programs On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was #409-94 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of an item that did not appear on the agenda On a motion by Feenstra, seconded by McGee, it was #410-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 18, 1994, submitted pursuant to Council Resolution 316-94 in connection with the report and recommendation of the Mayor, dated April 13, 1994, the Council does hereby request that the Department of Law prepare the appropriate Charter amendment resolutions to be placed on the General State Election of November 8, 1994 with regard to the following millage proposals 1 The levy of an amount not to exceed 25 mills for the purpose of adding police officers in the Patrol Division and providing for their equipment and training needs; 2 The levy of an amount not to exceed 10 mills for the purpose of building a new fire station and adding to the Firefighting Rescue Personnel and providing for their equipment and training; 3 The levy of an amount not to exceed 25 mills for the purpose of providing initial and ongoing costs for street lights on mile roads in the City; 4 The levy of an amount not to exceed 15 mills for environmental purposes, i e , City landfill, energy management control systems for City buildings and vehicles, underground tanks, environmental clean-up, etc ; and 5 The levy of an amount not to exceed 10 mills for park and cultural improvement A roll call vote was taken on the foregoing resolution with the following result 28285 AYES Feenstra, McGee, Kavanagh, Jurcisin, and Taylor Li NAYS Ochala The President declared the resolution adopted During the audience communication portion of the meeting, Tim Alshouse, Doubleday Brothers, addressed the Accu Vote (Election System) and requested the opportunity to demonstrate same On a motion by Feenstra, seconded by Ochala, and unanimously adopted, this 1,273rd Regular Meeting of the Council of the City of Livonia was adjourned at 9 07 p m , May 25, 1994 / 0 r / Ill. ilJ. McCotter, City Clerk L L