Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1993-08-16 27771 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FIFTY-FOURTH tk REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 16, 1993, 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 8:02 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, Laura M Toy, Dale A. Jurcisin, and Gerald Taylor. Absent: None Elected and appointed officials present Raul Galindo, City Engineer; John Nagy, City Planner; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; James Andres, Chief Accountant; Suzanne Wisler, Director of Community ILK Resources; Jeanne Treff, Cable Television Director; and Michael Deller, Chief Librarian. On a motion by Feenstra, seconded by McGee, and unanimously* adopted, it was #599-93 RESOLVED, that the minutes of the 1,253rd Regular Meeting of the Council of the City of Livonia, held July 21, 1993, are hereby approved as submitted *Councilmember Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances Carl D Pursell was in attendance at the meeting and accepted a resolution (CR 825-92) adopted at the 1,235th Regular Meeting held on October 26, 1992, which extended appreciation to him as United States Congressman for his dedication to public service and assistance to the Ibmcitizens of the City of Livonia for more than 20 years 27772 Joan McCotter congratulated her Deputy, Ann Tavolacci, and husband Patrick on the birth of their first grandchild Olivia Marie Emigh was born in Poughkeepsie, New York on August 16, 1993, weighing in at 9 lbs. and 22 inches in length. Sharon Evans, 38117 Bloomfield, Livonia 48154, expressed concerns about the medians and islands on Six Mile Road during the audience communication portion of the meeting. A communication from the Department of Finance, dated July 21, 1993, re: various financial statements of the City of Livonia for the month ending June 30, 1993, was received and placed on file for the information of the Council At the direction of the Chair, Items 23 and 47 were removed from the Consent portion of the Agenda. On a motion by Kavanagh, seconded by McGee, it was: #600-93 RESOLVED, that having considered an application from Julie DuPuis, 9912 Hubbard, dated July 7, 1993, requesting permission to close Hubbard, between Elmira and Orangelawn, on Saturday, August 21, 1993, from 1 00 p m to 11 00 p.m. , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #601-93 RESOLVED, that having considered an application from Donna Thiemann, 14956 Knolson, dated July 16, 1993, requesting permission to close Knolson from Gay to Jamison, on Saturday, August 28, 1993, from 3:00 p m to 7:00 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 29, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #602-93 RESOLVED, that having considered an application from Maria M Wadley, 14375 Hubbard, dated July 21, 1993, requesting permission to close Hubbard from Allen Court to Perth, on Saturday, September 18, 1993, from 2:30 p m to 7:00 p.m. for the purpose of conducting a block party, the Council does hereby Ispo grant permission as requested, including therein permission to conduct the said affair on Sunday, September 19, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. 27773 #603-93 RESOLVED, that having considered an application from Kathleen Bruno, 14050 Hubbard, dated July 26, 1993, requesting permission to close Hubbard from Scone to Perth, on Saturday, August 28, 1993, from 1 30 p m to 6 30 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 29, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #604-93 RESOLVED, that having considered an application from Dale Wassell, 13999 Cranston, dated July 28, 1993, requesting permission to close Cranston between Scone and Perth, on Saturday, September 18, 1993, from 3:00 p.m. to 12 00 midnight 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, September 19, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #605-93 RESOLVED, that having considered an application from Linda and Thomas Ciarrocchi, 14267 Hubbard, dated July 28, 1993, requesting permission to close Hubbard between Perth and Allen, on Saturday, September 18, 1993, from 2:00 p.m. to 7 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, September 19, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #606-93 RESOLVED, that having considered an application from Shannon Ziegler, 14051 Edgewood, dated July 28, 1993, requesting permission to close Edgewood from Scone to Perth, on Saturday, September 11, 1993, from 12 00 p m to 11:00 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, September 12, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #607-93 RESOLVED, that having considered an application from Debbie Koch, 15682 Edgewood, dated August 2, 1993, requesting permission to close Edgewood between Ellen Drive and Ellen Drive on Saturday, September 11, 1993, from 2:00 p.m to 10:00 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #608-93 RESOLVED, that having considered an application from Kathryn Charnock, 14189 Ramblewood, dated August 2, 1993, requesting permission to close Ramblewood between Scone and Perth on Saturday, August 21, 1993, from 2:00 p.m. to 8:00 p m. for the liepurpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. 27774 #609-93 RESOLVED, that having considered a communication from the Housing Director and the Entertainment Chairman of the Newburgh Village Social Club, dated July 19, 1993, approved for submission by the Mayor, requesting permission to close Capitol Court North and South at the west end of the Newburgh Village housing development, as indicated on the attached site plan, on Saturday, September 4, 1993 from 3:00 p.m. to 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, September 5, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #610-93 RESOLVED, that having considered a communication from the City Clerk, dated July 22, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize the purchase of an automatic backup system for voter files as an upgrade to the IBM System 36 computer from Business Records Corporation, 155 North Wacker Drive, Chicago, IL 60606, for a sum of $1,700.00; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1,700 00 from the Capital Improvement Fund for this purpose #611-93 RESOLVED, that having considered a communication from the Chairperson of the Election Commission (City Clerk), dated 11, August 2, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, and which transmits a resolution adopted by the Election Commission on August 2, 1993 wherein it is recommended that the pay for Election Inspectors be increased from $70 00 to $80 00 per day and that the pay for Election Chairpersons be increased from $85 00 per day to $95 00 per day, the Council does hereby concur in and approve of such action #612-93 RESOLVED, that having considered a communication from the City Treasurer, dated July 28, 1993, approved for submission by the Mayor, wherein certain facility security improvements and new procedures with regard to cash receivables are recommended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #613-93 RESOLVED, that having considered a communication from the President of the Melody Manor Civic Association, dated July 12, 1993, which, in behalf of the Melody Manor Subdivision, requests that a traffic control signal light be installed at the intersection of Blue Skies Drive/Victory Parkway and Seven Mile Road, the Council does hereby refer this item to the Traffic Commission for its report and recommendation #614-93 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation on a proposal to install traffic control signal lights on Seven Mile Road at both the east and west exits of the I-275 Expressway. 27775 #615-93 RESOLVED, that having considered a letter from the Director of Seedlings Braille Books for Children, P.O. Box 2395, Livonia, MI 48151-0395, dated July 28, 1993, the Council does hereby take this means to indicate that Seedlings Braille Books for Children is recognized as a non-profit organization operating in the community, the action herein being taken for the purpose of affording Seedlings Braille Books for Children an opportunity to obtain a gaming license from the State of Michigan in accordance with provisions of State Statute. #616-93 RESOLVED, that having considered the report and recommendation of the Court Administrator and the District Judges of the 16th Judicial District, dated July 19, 1993, approved for submission by the Finance Department and the Mayor, wherein it is indicated that the Court, on March 25, 1993, did cancel a contract previously entered into with Software Alternatives, Inc. for the reasons indicated in the aforesaid communication and wherein authorization is requested to substitute DMC Consulting, Inc of Toledo, Ohio to complete the project previously authorized in Council Resolution 112-93 for computer programming services with Software Alternatives, Inc. , for a sum in the amount previously authorized of not to exceed $55,000, and wherein it is further indicated that DMC Consulting, Inc will fulfill and complete all of the terms and conditions of the contract previously entered into with Software Alternatives, Inc. , the Council does hereby concur in and approve of such action. #617-93 RESOLVED, that having considered a report and recommendation of the Director of Probation, Court Administrator and the judges of the 16th Judicial District, dated August 3, 1993, approved for submission by the Finance Department and the Mayor, and wherein authorization is requested to purchase a new 1994 Ford Econoline 150 Work Van, and to trade in or sell the present 1987 Ford Econoline 250 van and to transfer funds for this purpose, which purchase of the new vehicle and disposition of the used van is to be coordinated through the Public Service and Finance Departments, the Council does hereby concur in and approve of such action. #618-93 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated July 23, 1993, approved for submission by the Chief Accountant and the Mayor, and which transmits a resolution adopted by the Parks and Recreation Commission on July 6, 1993, wherein it is recommended that a fee in the amount of $40.00 per session be established for precision team instruction, the Council does hereby approve of and concur in such action #619-93 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 16, 1993, and the report and recommendation of the Chief of Police, dated July 9, 1993, the Council does hereby approve of the request from Faiza Seman to drop Yousif M. Seman, Estate with Faiz Y. Seman as Personal Representative and add Fiaza Seman as Partner in 1992 27776 SDD-SDM licensed business located at 29150 Joy Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #620-93 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated July 20, 1993, approved for submission by the Mayor, and submitted pursuant to Council Resolution 483-93 in connection with a letter from the Manager of Recreation for the County of Wayne, dated May 19, 1993, wherein permission is requested to close that portion of Hines Drive located in Livonia on Sunday, September 26, 1993, from 8:30 a.m to Noon for the purpose of conducting the Hines Drive Classic Biathlon which will require the closing of Hines Drive from Outer Drive to Seven Mile Road, the Council does hereby waive 50% of the sum required to provide manpower assistance while Hines Drive is closed for the aforesaid Biathlon, by reason of the assignment of eight Police Reserve Officers and one regular officer, the total cost of which is $275 00, the said request being afforded Category III application as indicated on the City of Livonia Fees/Waivers Four Category Grid dated February 8, 1993, as established in Council Resolution 371-93, adopted on May 5, 1993 #621-93 RESOLVED, that having considered the report and recommendation of the Housing Director, dated July 19, 1993, approved for submission by the Mayor, and which indicates that the Housing Commission has recommended a rental adjustment for Silver Village as follows A) Pre-December, 1990 Residents: Adjusted Rent Bedroom Size Current Rent Effective 12-1-93 One Bedroom $255 $265 Two Bedroom 290 300 B) Post-December, 1990 Residents: Bedroom Size Current Rent Effective 12-1-93 One Bedroom $325 $330 Two Bedroom 380 385 The above rents exclude gas and electric The Council does hereby concur in and approve of the recommended action 27777 #622-93 RESOLVED, that having considered the report and recommendation of the Housing Director, dated July 19, 1993, approved for submission by the Mayor, wherein the Housing Commission has recommended the following rental increases to become effective December 1, 1993, with respect to the City-owned scattered site properties listed: Current Proposed 2 Bedroom $180 $190 29149 Morlock 20121 Floral 27545 Long 11683 Cardwell 3 Bedroom $270 $280 11910 Cardwell 12411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile Current Proposed 4 Bedroom $355 $365 20120 Deering The above rents exclude utilities The Council does hereby concur in and approve of the recommended action #623-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 2, 1993, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby accept the bid of Allie Brothers, 20295 Middlebelt, Livonia, Michigan 48152, for supplying employees in the Department of Public Works with work shirts at the unit prices shown on the attachment and for a total sum of $5,105.70, the same having been in fact the lowest bid received and meets all specifications; FURTHER, in the event the said items are not available from Allie Brothers, the Council does hereby accept the unit prices shown in the attachment from R & R. Uniforms, Inc , 3711 Ten Mile, Warren, Michigan 48091, as an alternate source for supplying employees in the Department of Public Works with work shirts. 27778 #624-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 30, 1993, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby authorize the replacement of the compressor and associated condensing unit at the Noble Library on an emergency basis from Detroit Temperature Engineers, Inc. , 12490 Globe Road, Livonia, Michigan 48150, in the amount of $16,970 00; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3.04 140D.1 of the Livonia Code of Ordinances, as amended. #625-93 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated July 15, 1993, approved by the Finance Department and approved for submission by the Mayor, and which requests authorization to sell the following City vehicles and equipment, such authorization to be for a period of six months with respect to the following vehicles: Veh. No Description Mileage 1. 55 1981 Dodge Pickup 154,344 2. 57 1980 Dodge Pickup 116,835 3. 68 1982 Ford Pickup 154,344 4. 5 74 6. 252 1984 Ford Ranger 1979 Fruehauf 25 yd Dump No meter No 185 1973 GMC Tree Spade 92,839 meter 7 777 1943 Ford Farm Tractor No meter 8. 245 1979 Ford Van 69,777 and wherein the aforesaid vehicles would be delivered to Midwest Auto Auction & Service, Inc. , 14666 Telegraph Road, Detroit, Michigan 48239, and said vehicles would be sold in accordance with the procedure detailed in the aforesaid communication, the Council does hereby concur in and approve of the recommended action. #626-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 19, 1993, approved by the Finance Department and approved for submission by the Mayor, with regard to a Rouge River Wet Weather Demonstration Project Grant and wherein it is recommended that the attached agreement between the City of Livonia and the County of Wayne with respect to the Rouge River Wet Weather Demonstration Project Grant Finance and Service Agreement for sewer separation projects only be authorized, the Council does hereby concur in such action and requests that the Mayor and City Clerk, for and on behalf of the City of Livonia execute the attached agreement, as well as do all other things necessary or incidental to the full performance of this resolution. 27779 #627-93 RESOLVED, that having considered the report and recommendation of the Finance Department, dated July 28, 1993, approved for submission by the Mayor, the Council does hereby authorize an agreement between the City of Livonia and Canada Life Assurance Company, to provide life insurance at the rate of $ 19 per $1,000 per month for a two-year period effective July 1, 1993; FURTHER, the Council does hereby authorize an agreement between the City of Livonia and Reliance Standard Life Insurance Company for Accidental Death and Dismemberment insurance at the rate of $.045 per $1,000 per month for a two-year period effective July 1, 1993, and at discount of 6% of the aforesaid rate based upon a payment of the premium being made one year in advance; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3.04.140D.2 and 5 of the Livonia Code of Ordinances, as amended. #628-93 RESOLVED, that having considered the report and recommendation of the Finance Department, dated July 28, 1993, approved for submission by the Mayor, with respect to changing carriers for City life insurance and Accidental Death and Dismemberment insurance, the Council does hereby refer this subject to the Finance and Insurance Committee for its report and recommendation #629-93 WHEREAS, the City of Livonia finds that there is an urgent necessity for Seven Mile Road between Mayfield and Merriman to be widened and improved, in Section 10 in the City of Livonia, Wayne County, Michigan; and WHEREAS, the Council finds that it is necessary to widen and alter Seven Mile Road in this area in order to facilitate the flow of traffic and to alleviate traffic congestion as a matter of public safety and convenience and to promote the public welfare generally; and WHEREAS, the Council further finds that the acquisition of certain rights-of-way, as further described hereinafter, is indispensable to the necessary widening, paving, altering and improvement of Seven Mile Road; and WHEREAS, the City Engineer has recommended that Seven Mile Road between Mayfield and Merriman be widened and altered so as to provide a one hundred twenty (120) foot right-of-way, similar to existing roads which are located throughout the City, and has presented plans which have been approved by this Council; and WHEREAS, the aforesaid improvement is to be financed from part of the proceeds of the 12 Million Dollar General Obligation Road Improvement Bond Issue approved by the electorate of the City in 1989; and WHEREAS, Seven Mile Road between Newburgh and Inkster is a county road under the jurisdiction and control of the County of Wayne, Michigan; and 27780 WHEREAS, the City of Livonia and the County of Wayne, Michigan, have heretofore entered into agreements pursuant to provisions contained in Act 51 of the Public Acts of the State of Michigan of 1951, as amended, wherein the aforementioned County of Wayne has authorized the City of Livonia to act on its behalf in acquiring either by negotiation or condemnation proceedings right-of-way; and WHEREAS, Seven Mile Road between Mayfield and Merriman is incorporated in the Master Plan of the City of Livonia as part of the Master Thoroughfare Plan, having been incorporated in said Master Thoroughfare Plan by a resolution of the City Planning Commission adopted on April 19, 1951; NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of Livonia, Wayne County, Michigan, hereby declares that the acquisition of a certain right-of-way, as hereinafter described, is necessary for the widening, paving, altering and improvement of Seven Mile Road which is necessary as a public improvement for the use and benefit of the public, for the purposes of its incorporation, for a public purpose within the scope of its power, and that a good faith offer to purchase said right-of-way has been made to the known property owner; and BE IT FURTHER RESOLVED, that this Council does hereby declare that it determines it necessary to take the fee to private property upon just compensation to be paid therefor for such improvement, the said properties necessary for the required rights-of-way and the just compensation for same being as follows: The North 60 feet of the following parcel of land: The North 533 feet of the East 77 feet of the East 16 acres of the West 34 acres of the East 60 acres of the Northwest 1/4 of Section 10, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan Interested Party: Robert L Candlish 32415 Seven Mile Road Livonia, Michigan 48152 Estate or interest to be taken: Fee simple in real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966. Estimated just compensation: $1,200.00 Im. BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of 27781 Livonia in the Circuit Court for the County of Wayne, State of Michigan (that being the County where the private property sought to be taken is located), to carry out the objectives of this resolution, and to acquire by condemnation for the City of Livonia the private property hereinbefore described for the purpose of widening, paving, altering and improving Seven Mile Road between Mayfield and Merriman, as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the provisions of Act 87 of the Public Acts of 1980, as amended, being MCLA 213.51, et seq. , and Act 295 of the Public Acts of 1966, as amended, being MCLA 213.361, et. seq. , and which proceedings are made subject to being authorized by the County of Wayne; BE IT FURTHER RESOLVED, that the Council does hereby authorize the expenditure of a sum not to exceed $1,200.00 for acquisition costs and, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed Five Hundred Dollars ($500.00) as the City's portion of the prorated City, County, County Drain, School and Community College tax in connection with the aforesaid right-of-way, the same to be prorated as of the date of closing, and FURTHER, the Council does hereby authorize the payment of the aforesaid sums from the 12 Million Dollar General Obligation Road Improvement Bond Issue approved by the electorate of the City in 1989 as compensation to be paid to the subject property owners in connection with the project; and the City Clerk and City ILK Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to affix their signatures to a Declaration of Taking in order to carry out the provisions of this Resolution and Statement of Necessity. #630-93 RESOLVED, that having considered a letter from the Department of Law, dated July 22, 1993, approved by the City Engineer and Finance Department and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire right-of-way at 32405 Seven Mile Road, owned by Russell and Katherine M Rheaume, described as follows: The North 60 feet of the following parcel of land: The North 530.73 feet of the West 16 acres of the East 26 acres of the Northwest 1/4 of Section 10, T. 1S. , R.9E. , City of Livonia, Wayne County, Michigan. (Seven Mile Road right-of-way) Parcel No. 038-99-0003-000 subject to the following conditions: Imo 27782 (1) that the purchase price shall be in the sum of $7,500; (2) that the City of Livonia shall pay for the cost of title work in the sum of $500; application charges for obtaining a partial discharge of mortgage; (3) that the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $200. BE IT FURTHER RESOLVED, that a sum not to exceed $8,200 is hereby authorized to be expended from the 12 Million Dollar General Obligation Road Improvement Bond Issue approved by the voters of the City in 1989 The City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #631-93 RESOLVED, that having considered a communication from the City Clerk, dated July 21, 1993, which indicates that the proprietor of Orangelawn Woods Subdivision, located north of Orangelawn Avenue between Stark Road and Farmington Road in the Northeast 1/4 of Section 33, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission, dated July 16, 1993, wherein said Commission approves the final plat for the said subdivision in its resolution 7-139-93, adopted on July 13, 1993; and the Council having considered a report from the City Engineer, dated July 8, 1993, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 331-93, adopted on May 5, 1993, said preliminary plat having been recommended for approval by the City Planning Commission on December 15, 1992 in its resolution 12-536-92; now, therefore, the Council does hereby determine to grant its approval to the final plat of Orangelawn Woods Subdivision, located north of Orangelawn Avenue between Stark Road and Farmington Road in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia; and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #632-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 9, 1993, approved for submission by Mayor, the Council does hereby amend item no. 7 of Council Resolution 331-93, adopted on May 5, 1993, so as to reduce the financial assurances now on deposit with the City for General Improvements in the Orangelawn Woods Subdivision located in the Northeast 1/4 of Section 33 to $70,000, of which at least $10,000 shall be in cash, to cover the cost of remaining General _ _ 27783 Improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced ILK accordingly; FURTHER, all other financial assurances now on deposit with the City, including those for sidewalks, shall remain the same and unchanged. #633-93 RESOLVED, that Phoenix Land Development Co. , 32000 Northwestern Highway, Suite 145, Farmington Hills, MI 48334, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Forest Oaks Subdivision, located on the east side of Stonehouse Avenue between Joy Road and Minton Street in the Southeast 1/4 of Section 31, the said proposed preliminary plat being dated July 21, 1993; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on April 6, 1993; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated July 30, 1993; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24.370 of the said Subdivision Control Ordinance, as amended; L1. (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements 27784 required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: A General Improvement Bond $37,000, of which at least $5,000 shall be in cash B. Sidewalk Bond $10,500, of which at least $3,000 shall be in cash. C Grading & Soil Erosion $ 2,000, (all cash). D. Monuments and Lot Markers $ 520, (all cash) and require cash payments in the total amount of $9,075.00. In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision. #634-93 RESOLVED, that having considered the report and recommendation of the City Engineer and Planning Director, dated August 2, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize an increase in the Elm Park Project in the amount of $6,049 00 in order to provide landscaping on the north side of Grantland Avenue that was recently paved, which is adjacent to Elm Park, the said sum to be appropriated and expended from Community Development Block Grant Funds for this 27785 project, said work to be performed in accordance with the unit prices authorized in Council Resolution 537-93 by Siteworks Construction Company, 552 Rambow, P 0. Box 1437, Monroe, MI 48161; and the Council does hereby authorize the said item without additional competitive bidding in accordance with Section 3 04.140D 5 of the Livonia Code of Ordinances, as amended. #635-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 19, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, and which is submitted pursuant to Council Resolution 478-93 with regard to the question of the lack of sidewalks on the north side of Seven Mile Road between Ben Celani Park and Bicentennial Park, the estimated cost of which is $11,000, including a ditch crossing, the Council does hereby authorize the construction of the said sidewalks as a change order to be added to the 1993 Sidewalk Program, Contract 93-D, previously authorized in Council Resolution 131-93, said amount to be appropriated and authorized to be expended from the Motor Transportation Fund (Major Road Account); 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. #636-93 RESOLVED, that having considered a communication from the City Engineer, dated July 16, 1993, approved for submission by the Mayor, in which is identified a sidewalk requiring installation, and for the reasons stated, the Council does hereby require the owner of the lot and premises referred to in said communication to install sidewalk 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, and FURTHER, said owner of the lot and premises herein referred to shall complete said sidewalk work no later than September 30, 1993, after which date the Engineering Department shall arrange for the construction of said sidewalk as part of the 1993 Sidewalk Program #637-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 16, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, with regard to the installation of a sidewalk on the north side of Seven Mile Road between Purlingbrook and the Carl Sandburg Library and the necessity of acquiring right-of-way in connection therewith, the Council does hereby determine to authorize the acquisition of right-of-way from the following parties for the following amounts a) To authorize payment in the amount of $3,924 00 to Mrs Rocco Paolucci, 30256 Seven Mile, Livonia, MI 48152; ims b) To authorize payment in the amount of $1,855 75 to Paul S. Kennedy, 30284 Seven Mile, Livonia, MI 48152; 27786 c) To authorize payment in the amount of $2,016.00 to Nicholas Galovich, 30294 Seven Mile, Livonia, MI 48152; and d) To authorize an appropriation in the amount of $11,313.00 from the Motor Transportation Fund (Major Road Account) for right-of-way acquisition, of which $7,795.75 is for the purpose of making net payments to landowners as specified above and $3,517.25 is to be transferred to the sidewalk construction fund for the purpose of paying the contractor installing the sidewalk; and the Department of Law is hereby requested to prepare the appropriate documents, as well as to do all other things necessary to the full performance of this resolution. #638-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 26, 1993, approved as to form by the City Attorney and approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia and the County of Wayne, which would authorize the City of Livonia to proceed in behalf of the County of Wayne to acquire Seven Mile Road right-of-way between Inkster and Farmington Roads, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement, as well as to do all other things necessary or incidental to the full performance of this resolution. #639-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 27, 1993, approved for submission by the Mayor, and submitted pursuant to Council Resolution 553-93 with regard to the question of the notification process prescribed under the single lot assessment ordinance with respect to sidewalk and drive approach construction, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. #640-93 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated July 7, 1993, approved for submission by the Mayor Pro Tem, and to which is attached a Holdharmless Contract between the City of Livonia and First Step for the period August 1, 1993 through July 31, 1994, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Holdharmless Contract 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. #641-93 RESOLVED, that having considered a communication from L the Assistant Planning Director, dated July 7, 1993, approved for submission by the Mayor Pro Tem, to which is attached a Holdharmless Contract between the City of Livonia and the Community Commission on Drug Abuse for the 1993-94 program year, _ _ 27787 L the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said contract 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. #642-93 RESOLVED, that having considered a communication from the City Planning Commission, dated July 30, 1993, which transmits its resolution 7-155-93, adopted on July 27, 1993, with regard to Petition 93-7-8-13, submitted by Polaris Communications requesting approval to erect a satellite dish antenna on the roof of the Target store located at 20100 Haggerty Road in Section 6, pursuant to the provisions set forth in Section 18.42 of Livonia Zoning Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 93-7-8-13 is hereby approved and granted, subject to the following condition: 1) That the Site Package, received by the Livonia Planning Commission on 7/2/93 by Polaris Communications, is hereby approved and shall be adhered to. #643-93 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1993, which transmits its resolution 7-156-93, adopted on July 27, 1993, with regard to Petition 93-7-8-14, submitted by Knights of Columbus, requesting approval to erect a satellite dish antenna on the roof of the assembly hall located at 19801 Farmington Road in Section 4, pursuant to the provisions set forth in Section 18.42 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 93-7-8-14 is hereby approved and granted, subject to the following condition: 1) That the Site Package, received by the Livonia Planning Commission on 7/13/93, by Advanced Satellite, is hereby approved and shall be adhered to. #644-93 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1993, which transmits its resolution 7-157-93, adopted on July 27, 1993, with regard to Petition 93-7-8-15, submitted by Schostak Brothers & Company in behalf of Wonderland Shopping Center, requesting site plan approval in connection with a proposal to alter an exterior building elevation and Sign Permit Application for one wall sign for the shopping center located on the south side of Plymouth in Section 35, pursuant to the provisions set forth in Section 18.47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 93-7-8-15 is hereby approved and granted, subject to the iim following conditions: 27788 1) That the Elevation Plan dated 6/30/93, by Schostak Brothers & Company, is hereby approved and shall be adhered to; 2) That the Sign Package, received by the Livonia Planning Commission on 7/14/93, by Schostak Brothers & Company, is hereby approved and shall be adhered to; and 3) That this approval by the Planning Commission is subject to the applicant being granted a variance for excessive signage by the Zoning Board of Appeals. #645-93 RESOLVED, that having considered a communication from the Council President, dated July 8, 1993, to which is attached a copy of an amendment to the Disorderly Conduct Ordinance of Brownstown Township, which includes various items such as graffiti, spray paint, etc. , the Council does hereby refer this item to the Department of Law for its report and recommendation. #646-93 RESOLVED, that having considered a complaint submitted at the Study Session on August 9, 1993 by Tracy L Bieringer, 421-1/2 Middle Street, Chelsea, Michigan, concerning an alleged shut-down of a hot dog cart business at Builders Square on Plymouth Road, the Council does hereby refer this item to the Inspection Department for its report and recommendation. #647-93 RESOLVED, that having considered a report from Councilmember Fernon P Feenstra, submitted at the Study Session conducted on August 9, 1993, the Council does hereby authorize the placement of Heart Fund banners on the public right-of-way of the golf courses, which are to be utilized in connection with the Heart Fund Golf Outing to be conducted on August 25, 1993; FURTHER, the Council does hereby request and authorize the posting of a "Welcome" sign at the Whispering Willows Golf Course, in behalf of the members of the City Council in connection with this activity, and the Public Service Department is hereby requested to implement this action #648-93 RESOLVED, that having considered the report of Councilmember Fernon P Feenstra, submitted at the Study Session conducted on August 9, 1993, with regard to the waiver of facility rental fees for City buildings, including the City Hall, auditorium, lobby, etc. and the application of the City of Livonia Fees/Waivers Four Category Grid established in Council Resolution 371-93, adopted on May 5, 1993, the Council does hereby refer this item to the Department of Community Resources for its report and recommendation #649-93 WHEREAS, the City of Livonia has received a request from the Vice President/Plant Manager of Borg-Warner Automotive Powdered Metals Corporation, 32059 Schoolcraft, Livonia, Michigan 48150-1864, dated July 30, 1993, which submits an application proposing the establishment of an industrial development district; and 27789 WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia; and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 2 539 acres lying in the North 1/2 of Northeast 1/4 of Section 27, as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No. 56"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 56 2 This City Council sets Monday, September 27, 1993, at 8:00 p m. as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above #650-93 RESOLVED, that having considered a communication from Mysa Nawwas, dated August 2, 1993, which, in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on July 27, 1993 by the City Planning Commission in its resolution 7-148-93 with regard to Petition 93-6-2-14, submitted by M & N Corporation Limited, requesting waiver use approval to utilize an SDM license for a proposed business to be located within an existing shopping center on the north side of Seven Mile Road between Rensellor and Antago Boulevards in the Southeast 1/4 of Section 1, which property is zoned C-1, the Council does hereby designate Monday, September 27, 1993, at 8:00 p.m. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. 27790 #651-93 RESOLVED, that having considered a communication from George La Forest, dated July 30, 1993, which, in accordance with the provisions of Section 19.08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on July 27, 1993 by the City Planning Commission in its resolution 7-149-93 with regard to Petition 93-6-2-15, submitted by Grand Rental Station, requesting waiver use approval for outdoor display of rental equipment on property located on the west side of Wayne Road between Plymouth Road and Elmira Avenue in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby designate Monday, September 27, 1993, at 8:00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia #652-93 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, September 27, 1993, at 8:00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 93-6-1-9, submitted by the City Planning Commission, pursuant to Council Resolution 335-93, for a change of zoning of the land area of Quaker West Park, Quaker Center Park, with the exception of the triangular portion east of Lot 260, and Quaker East Park in the Northwest 1/4 of Section 18, from R-2C to NP, the City Planning Commission in its resolution 7-145-93 having recommended to the City Council that Petition 93-6-1-9 be approved; (2) Petition 93-6-6-4, submitted by the City Planning Commission to determine whether to amend Section 2 03 and Articles IV, V, VI and VII of Zoning Ordinance 543 regarding definitions of residential lot frontages, the City Planning Commission in its resolution 7-151-93 having recommended to the City Council that Petition 93-6-6-4 be approved; and (3) Petition 93-6-6-5, submitted by the City Planning Commission to determine whether to amend Sections 14 02 and 14.03 of twe Zoning Ordinance 543 to alter the RE district regulations to make it more compatible to current development standards, the City Planning Commission in its resolution 7-152-93 having recommended to the City Council that Petition 93-6-6-5 be approved; 27791 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS: None On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #653-93 RESOLVED, that having considered the report and recommendation of the Housing Director, dated July 19, 1993, approved for submission by the Mayor, and which indicates that the Housing Commission has recommended the following rental adjustments with respect to Newburgh Village Adjusted Rent Bedroom Size Current Rent Effective 12/1/93 One Bedroom $405 $415 Two Bedroom 475 485 The above rents exclude gas and electric The Council does hereby concur in and approve of the recommended action. On a motion by McGee, seconded by Ochala, and unanimously adopted, it was: #654-93 RESOLVED, that having considered the report of 100 Councilman Fernon P. Feenstra, submitted at the Study Session conducted on August 9, 1993, with regard to the possible impact of Senate Bill 1 which freezes property valuations and its possible impact on the City budget, the Council does hereby refer 27792 this item to the Mayor for his report and recommendation, the same to be submitted prior to the Preliminary Budget Meetings for the 1993-94 Fiscal Budget; and FURTHER RESOLVED, that the Livonia City Council does hereby take this means to express its deep concern over the potential loss of municipal revenue sharing and grant moneys to cities with racetracks presently used to pay for police, fire and other essential public services, which could result from implementation of the Arthurhultz Plan to replace local school operating mills, and does hereby refer this item to the Mayor for his report and recommendation; and FURTHER, does direct the Director of Legislative Affairs to convey the Council's concerns to Philip Arthurhultz, with copies to Senator R. Robert Geake, Representative Lyn Banks, and Representative Jerry Vorva. Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING PARAGRAPH 50 OF SECTION 170 OF CHAPTER 03 (GENERAL LICENSING PROCEDURE) OF TITLE 5 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 Ochala gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 020, 040A, 040D, 050, 070, 080, 110, 120, 130, 140, 170 AND 180 OF TITLE 15, CHAPTER 52 (DANGEROUS BUILDINGS AND STRUCTURES) 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 Kavanagh gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 060 OF TITLE 5, CHAPTER 66 (PEDDLERS, TRANSIENT MERCHANTS AND SOLICITORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 27793 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 ADDING SECTION 040 TO TITLE 9, CHAPTER 72 (FORTUNETELLING AND PALMISTRY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS: None. The President declared the foregoing Ordinance duly adopted, and would lombecome effective on publication. On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #655-93 RESOLVED, that having considered a communication from the City Assessor, dated July 19, 1993, approved for submission by the Mayor, with regard to a request from Mr Louis Ronayne, J.K L Associates Inc , in behalf of Mr Graham Barton, 209 Park Ave , Box 356, Charlevoix, Michigan 49720, and Mr. Sam Santelli, 10631 Trailwood, Plymouth, Michigan 48170, 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 and combination of Tax Item Nos 46 090 99 0090 000 and 46 090 99 0092 000 into four parcels, the legal descriptions of which shall read as follows: Parcel "1" Part of the West 1/2 of the Northwest 1/4 of Section 23, T.1S , R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 89 degrees 57 minutes 00 seconds East along the north line of Section 23, 700 00 feet and South 00 degrees 12 minutes 20 seconds East along the East right-of-way line of Bainbridge Avenue 2444 02 feet from the Northwest corner of said Section 23, T 1S , R 9E. and proceeding thence North 89 degrees 57 minutes 00 seconds East 230 00 feet; thence South 00 degrees 27794 12 minutes 20 seconds East 99.00 feet; thence South 89 degrees 57 minutes 00 seconds West 230.00 feet; thence North 00 degrees 12 minutes 20 seconds West along the East right-of-way line of Bainbridge Avenue 99.00 feet to the point of beginning Containing 0.5227 acres. Subject to easements of record. Parcel "2" Part of the West 1/2 of the Northwest 1/4 of Section 23, T.1S. , R 9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 89 degrees 57 minutes 00 seconds East along the north line of Section 23, 700.00 feet and South 00 degrees 12 minutes 20 seconds East along the East right-of-way line of Bainbridge Avenue 2444 02 feet and North 89 degrees 57 minutes 00 seconds East 230 00 feet from the Northwest corner of said Section 23, T. 1S. , R.9E. and proceeding thence North 89 degrees 57 minutes 00 seconds East 130.90 feet; thence South 00 degrees 12 minutes 20 seconds East 153.61 feet; thence South 89 degrees 51 minutes 50 seconds West along the North right-of-way line of Lyndon Avenue 130.90 feet; thence North 00 degrees 12 minutes 20 seconds West 153 81 feet to the point of beginning. Containing 0.4619 acres. Subject to easements of record. Parcel "3" tis Part of the West 1/2 of the Northwest 1/4 of Section 23, T.1S , R 9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 89 degrees 57 minutes 00 seconds East along the north line of Section 23, 700.00 feet and South 00 degrees 12 minutes 20 seconds East along the East right-of-way line of Bainbridge Avenue 2444.02 feet and North 89 degrees 57 minutes 00 seconds East 360 90 feet from the Northwest corner of said Section 23, T. 1S , R.9E. and proceeding thence North 89 degrees 57 minutes 00 seconds East 130.91 feet; thence South 00 degrees 12 minutes 20 seconds East 153.42 feet; thence South 89 degrees 51 minutes 50 seconds West along the North right-of-way line of Lyndon Avenue 130.91 feet; thence North 00 degrees 12 minutes 20 seconds West 153.61 feet to the point of beginning. Containing 0.4614 acres. Subject to easements of record. Parcel "4" Part of the West 1/2 of the Northwest 1/4 of Section 23, T. 1S. , R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 89 degrees 57 minutes 00 seconds East along the north line of Section 23, 700 00 feet and South 00 degrees 12 minutes 20 seconds East along the East right-of-way line of Bainbridge Avenue 2444 02 feet and North 89 degrees 57 minutes 00 seconds East 101. 491 81 feet from the Northwest corner of said Section 23, T. 1S , R 9E. and proceeding thence North 89 degrees 57 minutes 00 seconds East 130 91 feet; thence South 00 degrees 27795 12 minutes 20 seconds East 153.22 feet; thence South 89 degrees 51 minutes 50 seconds West along the North right-of-way line of Lyndon Avenue 130.91 feet; thence North 00 degrees 12 minutes 20 seconds West 153 42 feet to the point of beginning Containing 0.4608 acres. Subject to easements of record 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 McGee, seconded by Jurcisin, and unanimously adopted, it was: #656-93 RESOLVED, that the Council does hereby request that the Inspection Department submit a report and recommendation with respect to the condition and maintenance of property located at the northeast corner of Bainbridge and Lyndon. The President relinquished the Chair to the Vice President at 9:31 p.m. On a motion by Taylor, seconded by Toy, and unanimously adopted, it was: #657-93 RESOLVED, that the Council does hereby request that the Committee of the Whole submit a report and recommendation with respect to the size of signs which are to be posted in connection with petitions for lot splits and petitions for rezoning of property The President resumed the Chair at 9:34 p m On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #658-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Librarian, dated July 19, 1993, approved by the Finance Department and approved for submission by the Mayor, and wherein it is recommended that certain improvements be made with respect to the heating and cooling systems of the Carl Sandburg Library, the Council does hereby determine as follows lbw a) To authorize the employment of the firm of Kamp DiComo Associates, P.C. , 15875 Middlebelt, Livonia, Michigan 48154, to provide architectural design, including an ADA improvement schedule, for an amount not to exceed $6,980; and 27796 b) To authorize the employment of the firm of S.F Sonk Associates, Inc. , 39201 Schoolcraft Road, Suite 89, Livonia, Michigan 48150, to provide mechanical design services with respect to this project for an amount not to exceed $7,000; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute contracts with the aforesaid firms as well as to do all other things necessary or incidental to the full performance of this resolution; and the Council does hereby authorize the action herein without competitive bidding in accordance with Sections 3.04.140D.2 and 5 of the Livonia Code of Ordinances, as amended; and the Council does hereby appropriate a sum not to exceed $14,000 from the Library Fund; and the Council does hereby authorize the Director of Public Works to seek competitive bids with respect to all facility improvements described in the aforesaid communication. On a motion by Kavanagh, seconded by McGee, and unanimously adopted, it was: #659-93 RESOLVED, that the Council does hereby request that the Finance Department submit a report and recommendation with respect to the current status and amount of the Library Fund Balance. On a motion by Ochala, seconded by Toy, it was: RESOLVED, that having considered a communication from the Department of Finance, dated July 20, 1993, approved for submission by the Mayor, to which is attached an invoice from the National League of Cities, dated July 6, 1993, in the amount of $5,909 for annual membership dues for the period October 1, 1993, through September 30, 1994, and having also considered a report and recommendation from the Mayor, dated August 16, 1993, the Council does hereby approve and authorize the payment of same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala and Toy. NAYS: Feenstra, McGee, Kavanagh, Jurcisin, and Taylor. The President declared the resolution denied. On a motion by Kavanagh, seconded by Feenstra, it was: #660-93 RESOLVED, that having considered a communication from the Department of Finance, dated July 20, 1993, approved for submission by the Mayor, to which is attached an invoice from the National League of Cities, dated July 6, 1993, in the amount of $5,909 for annual membership dues for the period October 1, 1993, 27797 through September 30, 1994, and having also considered a report and recommendation from the Mayor, dated August 16, 1993, the Council does hereby reject and deny the payment of same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Kavanagh, Jurcisin, and Taylor. NAYS: Ochala and Toy. The President declared the resolution adopted. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #661-93 RESOLVED, that having considered the report and recommendation of the Department of Finance, dated August 3, 1993, approved for submission by the Mayor, the Council does hereby authorize the execution of appropriate agreements between the City of Livonia and New World Systems, 3270 W. Big Beaver Road, Suite 300, Troy, MI 48084-2901, to provide the City with software requirements in connection with the City's purchase of an AS/400 computer to replace the existing System 38 computer !lowbased upon the following cost figures: A) AS/400 Software Licensing Agreement for all current programs, one-time payment of $33,000; B) Cash Register Interface - Additional Financial Management Software, one-time payment of $5,000; C) Estimated Cost of Support Services for the Conversion and for Employee Training is an expense which will be incurred as needed at the rate of $75 per hour, and is estimated at 200 hours, with a one-time payment of not to exceed $15,000; and D) Maintenance Contract for a three-year period in the amount of $50,834 per year; FURTHER, the Council does hereby appropriate and authorize the expenditure of the following sums for both the hardware and software requirements for the IBM AS/400 computer from the following accounts in the following amounts: Water/Sewer 591-558-814-050 $ 81,975 Refuse-Hardware 205-527-987-000 18,000 11. Refuse-Software Library 205-525-851-020 8,750 271-738-987-000 13,375 Roads 101-463-987-000 41,884 General F-Hardware 101-915-982-000 18,000 General F-Software 101-915-986-010 8,750 Total $190,734 27798 AND, the Council does hereby authorize the action herein without competitive bidding in accordance with Sections 3.04. 140D.2 and 5 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #662-93 RESOLVED, that having considered the report and recommendation of the Department of Finance, dated August 3, 1993, approved for submission by the Mayor, with regard to the software requirements for the IBM AS/400 computer, the Council does hereby refer the subject matter to the Capital Improvement Committee for its report and recommendation. On a motion by Ochala, seconded by McGee, and unanimously adopted, it was 1/663-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 16, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Peter A. Basile Sons, Inc. , 13000 Newburgh, P.O Box 2129, Livonia, MI 48151, for the widening of the south side of Seven Mile Road between Farmington Road and a point 600 feet east of Mayfield Avenue for the estimated total cost of $167,131.85, 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; and the Council does hereby appropriate and authorize an expenditure of a sum not to exceed $167,131.85 from the Motor Transportation Fund (Major Road Account) 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. On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was: #664-93 RESOLVED, that the Council does hereby request that the Finance Department submit a status report with respect to administrative costs incurred by the City of Livonia to date with respect to Prevailing Wage requirements established in accordance with provisions of law and City ordinance ib. On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was: 27799 #665-93 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 28, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Troelsen Excavating Co , 1395 Rochester Road, Troy, MI 48083, for the Rehabilitation Program/Additional Alternate Drainage Sites for the estimated total cost of $135,997 50, 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; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $135,997.50 from the Sewer Fund Unexpended Fund Balance 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. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: Lis #666-93 RESOLVED, that having considered a communication from the City Planning Commission, dated May 27, 1993, which transmits its resolution 5-114-93, adopted on May 18, 1993, with regard to a Sign Permit Application submitted by Great Lakes Electrical in behalf of Jo-Ann Fabrics, requesting approval for one wall sign for the building located at 29514 Seven Mile Road in Section 2, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1) That the sign package received by the City of Livonia Planning Commission on 4/30/93 by Great Lakes Electrical, is hereby approved and shall be adhered to; 2) That this approval is subject to the applicant being granted a variance by the Zoning Board of Appeals; and 3) That the wall sign herein approved shall have a maximum square footage of 80 feet. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #667-93 RESOLVED, that having considered a communication from the City Planning Commission, dated May 27, 1993, which transmits its resolution 5-113-93, adopted on May 18, 1993, with regard to a Sign Permit Application submitted by Belle Isle Awning Company 27800 in behalf of Pet Supplies Plus, requesting approval for two awning signs for the building located at 29489 Seven Mile Road in Section 11, and having also considered a communication from the Chairman of the Planning Commission, dated August 9, 1993, the Council does hereby refer this item to the next Study Session to be conducted on August 23, 1993 On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was: #668-93 RESOLVED, that having considered a communication from the City Planning Commission, dated June 14, 1993, which transmits its resolution 6-126-93, adopted on June 8, 1993, with regard to a Sign Permit Application submitted by Marygrove Awning Company in behalf of Winter Garden Bar & Grill, requesting approval for one awning sign for the property located at 33320 Seven Mile Road in Section 3, and having also considered a request submitted by the petitioner at the Study Session conducted on August 9, 1993 to eliminate the request for a sign and in lieu thereof, approve the installation of the awning only, the Council does hereby determine to approve the request herein submitted, as modified, so as to permit the installation of the requested awning without any sign or lettering of any kind thereon ibm On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: #669-93 RESOLVED, that having considered a communication from the City Planning Commission, dated July 16, 1993, which transmits its resolution 7-141-93, adopted on July 13, 1993, with regard to Petition 93-6-8-9, submitted by Curtis L. Felch, R.A , in behalf of Discount Tire Company, requesting site plan approval in connection with a proposal to paint the exterior of a building located at 18975 Middlebelt Road in Section 11, 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 93-6-8-9 is hereby approved and granted, subject to the following conditions: 1) That the Elevation Plan, defined as Sheet A.3, dated 6/17/93, by Felch Architecture, is hereby approved and shall be adhered to; 2) That the exterior elevations of this building shall be continuously maintained so that this site will not cause a visual blight that could jeopardize the property values in the area; and 3) That this approval is for this petitioner and this petitioner only, as well as for this use and this use only; and this paint is to be removed in the event of an occupancy change 27801 On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was: #670-93 RESOLVED, that having considered a communication from the City Planning Commission, dated July 16, 1993, which transmits its resolution 7-143-93, adopted July 13, 1993, with regard to Petition 93-6-8-12, submitted by Giffels Hoyem Basso, in behalf of Comerica Bank, requesting site plan approval in connection with a proposal to construct an automated teller machine, extend the existing drive-through canopy and add a new by-pass lane for the bank branch located at 17111 Laurel Park Drive in Section 7, 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 93-6-8-12 is hereby approved and granted, subject to the following condition That the Site and Elevation Plan, defined as Sheet A. 1, dated 6/24/93, by Giffels Hoyem Basso, Inc , is hereby approved and shall be adhered to. On a motion by Ochala, seconded by McGee, and unanimously adopted, it was: #671-93 RESOLVED, that having considered a communication from the City Planning Commission, dated August 2, 1993, which transmits its resolution 7-154-93, adopted on July 27, 1993, requesting authorization to substitute a greenbelt for a protective wall in connection with Petition 92-9-2-28, and which submits a Sign Permit Application to erect a ground sign by Ford Motor Land Company in behalf of the UAW-Ford Child Development Center located at 38945 Ann Arbor Road in Section 31, the Council does hereby concur in the recommendation made by the City Planning Commission and the said authorization to substitute a greenbelt and the Sign Permit Application are hereby approved and granted, subject to the following conditions: 1) That the Site/Grading Plan, defined as Sheet No. C-1, dated 12/8/92, by DeMattia & Associates, is hereby approved and shall be adhered to; 2) That an adequate irrigation system that would permanently maintain all plants in a healthy condition shall be installed prior to final inspection; and 3) That the Sign Plan by the Supersine Company, dated 6/24/93, as revised, is hereby approved and shall be adhered to. low On a motion by Feenstra, seconded by Jurcisin, it was: 27802 #672-93 RESOLVED, that having considered a communication from the City Planning Commission, dated July 30, 1993, which transmits its resolution 7-147-93, adopted on July 27, 1993, with regard to Petition 93-5-2-13, submitted by John Bolda, Ram's Horn Restaurant, requesting waiver use approval to increase the floor area and seating capacity of an existing restaurant located on the west side of Middlebelt Road between Morlock and Norfolk Avenues in the Northeast 1/4 of Section 2, which property is zoned C-1 and C-2, the Council does hereby concur in the recommendation made by the City Planning Commission, and Petition 93-5-2-13 is hereby approved and granted, subject to the granting of a variance by the Zoning Board of Appeals for a deficient number of off-street parking spaces, and subject to the following additional conditions: 1) That the Site Plan, Sheet S-1, dated 5-5-93, as revised, prepared by Technical Group Inc , Architects, which is hereby approved, shall be adhered to; 2) That the Building Elevations, Sheet A-2, dated 7-1-93, by Technical Group Inc , Architects, which is hereby approved, shall be adhered to; 3) That a landscape plan shall be submitted to the Planning Commission for approval within thirty days of the date of this resolution; 4) That the rooftop mechanical units shall be screened from public view; and 5) That the restaurant shall have a maximum seating capacity of 114 seats A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, Toy, Jurcisin, and Taylor. NAYS: McGee and Ochala The President declared the resolution adopted On a motion by Ochala, seconded by Toy, and unanimously adopted, it was: #673-93 RESOLVED, that having considered the report and recommendation of the Department of Law and City Engineer, dated August 6, 1993, the Council does hereby determine that the contract between the City of Livonia and M G Christian Imo Builders, Inc for the 1992 Sidewalk Program authorized in Resolution 181-92 be terminated for default; and that the City Attorney be authorized to notify the contractor and National American Insurance Company, 5550 W Touhy, Ste. 400, Skokie, IL 60077, the bonding company, of the termination 27803 On a motion by Toy, seconded by Jurcisin, it was: tor #674-93 RESOLVED, that having considered a complaint submitted by Mr. Alex Wassell, 29778 Richland, Livonia, Michigan, at the Study Session conducted on August 9, 1993, with respect to the new fence ordinance, Ordinance 2176, and its provisions concerning privacy fences, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Toy, Jurcisin, and Taylor. NAYS: Feenstra, Kavanagh, and Ochala. The President declared the resolution adopted. On a motion by Jurcisin, seconded by McGee, it was: #675-93 WHEREAS, the City Council has received an application for the transfer of an industrial facilities exemption certificate to Oxbow Machine Products, Inc. , 8610 Lanewood, Westland, Michigan 48185, from Roma's Commissary, Inc. , (Exemption Certificate #88-041) covering industrial facilities located within the City of Livonia Industrial Development District ##43; and WHEREAS, the Council did previously in Council Resolution 41-88, adopted on January 13, 1988, approve an industrial facilities exemption certificate for Roma's Commissary, Inc. , for a period of 10 years; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS FOLLOWS: (1) That the City Council, on the basis of the information received from the applicant, Oxbow Machine Products, Inc. , finds and determines: (a) That the approval of the transfer of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) The application has fully complied with the requirements of Section 9, Act. No. 198, PA 1974, as amended. 27804 (2) That the City Council hereby approves the above transfer of industrial facilities exemption certificate from Roma's Commissary, Inc , covering industrial facilities to be located within the City of Livonia Industrial Development District #43 (3) Council Resolution 41-88, adopted on January 13, 1988, is hereby amended and revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, McGee, Kavanagh, Jurcisin, and Taylor NAYS: Ochala and Toy The President declared the resolution adopted On a motion by Feenstra, seconded by McGee, it was WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Oxbow Machine Products, Inc 8610 Lanewood, Westland, Michigan 48185, dated May 26, 1993, covering new industrial facilities to be located within City of Livonia Industrial Development District No 43; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Oxbow Machine Products, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8:00 p.m. on Monday, July 19, 1993, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1 That the City Council, on the basis of the information received from the applicant, Oxbow Machine Products, Inc , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P A. 1974 (or Act 255 of P A 1978), as amended 27805 2 That the City Council hereby approves the Application for lor Industrial Facilities Exemption Certificate from Oxbow Machine Products, Inc , covering new industrial facilities to be located within the City of Livonia Industrial Development District No 43, for 12 years. On a motion by Kavanagh, seconded by Toy, it was: RESOLVED, that Paragraph 2 of the foregoing resolution be amended to read 5 years in lieu of 12 years. A roll call vote was taken on the foregoing resolution with the following result: AYES Kavanagh NAYS: Feenstra, McGee, Ochala, Toy, Jurcisin, and Taylor. The President declared the resolution denied. A roll call vote was taken on the originally proposed resolution, as follows, with the following result: #676-93 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Oxbow Machine Products, Inc 8610 Lanewood, Westland, Michigan 48185, dated May 26, 1993, covering new industrial facilities to be located within City of Livonia Industrial Development District No 43; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Oxbow Machine Products, Inc. , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8:00 p m. on Monday, July 19, 1993, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Oxbow Machine Products, Inc. , finds and determines: (a) that the granting of this lb. industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness 27806 of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974 (or Act 255 of P.A. 1978), as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Oxbow Machine Products, Inc , covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 43, for 12 years. AYES: Feenstra, McGee, Jurcisin, and Taylor. NAYS Kavanagh, Ochala, and Toy The President declared the resolution adopted On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #677-93 RESOLVED, that having considered a communication from the City Planning Commission, dated May 27, 1993, which sets forth its resolution 5-111-93, adopted on May 18, 1993, with regard to a Sign Permit Application submitted by Metro-Detroit 140 Sign Company, in behalf of Boston Chicken, requesting approval for two wall signs for the building located at 37104 Six Mile Road in Section 8, and the Council having conducted a public hearing with regard to this matter on July 19, 1993, pursuant to Council Resolution 441-93, the Council does hereby concur with the Planning Commission, and the Sign Permit Application for the westerly sign, identified as Elevation A on the Sign Plan, is hereby approved and the request for the southeasterly sign, identified as Elevation B on the Sign Plan, is hereby denied, the action herein being made subject to the following condition: 1) That the sign identified as Elevation A on Sheet 1 of the Sign Plan dated 2/16/93, by Chandler Signs, is hereby approved and shall be adhered to; and the reasons for denial are as follows: 1) That the proposed signage is not consistent with the established character of the signage currently provided for stores in the subject shopping center; 2) That the conspicuous location of the subject building does not require the proposed additional signage for proper advertisement; and trig 3) That the proposed signage is contrary to the aesthetic characteristics envisioned for buildings located within the vicinity of the Six Mile Road and Newburgh Road intersection. 27807 On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was: #678-93 RESOLVED, that having considered a communication dated July 13, 1993, from the Department of Law transmitting for Council acceptance two Grants of Easement, more particularly described as: 1. Grant of Easement dated July 7, 1993, executed by Anthony Catner, President, and James Faydenko, Vice President, Catner Home Improvement, Inc. , a Michigan Corporation, to the City of Livonia, for: The East 12 feet of the following parcel of land The South 75 feet of the North 90 feet of the West 100 feet of Lot 84, "Garden Farms Subdivision," as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the East 1/2 of the N E. 1/4 of Section 12, T 1 S. , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan. (Tax Parcel #045-01-0084-005) 2 Grant of Easement dated July 7, 1993, executed by Jeffrey A Clemens and Cathleen M Clemens, his wife, to the City of i100 Livonia, for South 12 feet of the following East 12 feet of the parcel of land: The North 15 feet of the West 100 feet of Lot 84; also the South 60 feet of the West 100 feet of Lot 85, "Garden Farms Subdivision," as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the East 1/2 of the N E 1/4 of Section 12, T 1 S , R 9E , Livonia Township (now City of Livonia), Wayne County, Michigan (Tax Parcel #045-01-0084-006) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was: #679-93 RESOLVED, that having considered a communication dated two July 19, 1993, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as 27808 Grant of Easement dated July 9, 1993, executed by Victor A iftr Diachenko and Zina Diachenko, his wife, to the City of Livonia, for: The South eight (8) feet of the North sixteen (16) feet of the East 150 feet of Lot 33, Thomas F. O'Connor's Park View Acres Subdivision as recorded in Liber 69, Page 24, Wayne County Records, said subdivision being a part of the S.E. 1/4 of Section 12, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan Parcel No 048-01-0033-000 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Ochala, seconded by McGee, and unanimously adopted, it was: #680-93 RESOLVED, that having considered a communication dated August 2, 1993, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as 100 Grant of Easement dated July 14, 1993, executed by Janet Jonna Lekas, Executive Vice President of Jonna Realty Enterprises, Inc. , Partner, Pentagon Properties Ltd. Partnership, to the City of Livonia, for: Sanitary Sewer Easement A 12 foot wide easement for sanitary sewer described along its centerline as part of the S W 1/4 of Section 6, T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as: Commencing at the S.W. corner of said Section 6; thence S. 88°14'49" East, 737.43 feet along the South line of said Section 6; thence N. 01°51'00" East, 147 60 feet to the point of beginning; thence N. 01°51'00" East, 234.00 feet; thence S. 88°09'00" East, 126 00 feet to the point of ending. Sidwell No 023-99-0001-006 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution k On a motion by Ochala, seconded by McGee, and unanimously two adopted, it was 27809 #681-93 RESOLVED, that having considered a communication dated August 2, 1993, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated March 27, 1992, executed by Rosemary Grunn, survivor of herself and Howard W Grunn, her deceased husband, whose death certificate is attached, to the City of Livonia, for: A 20 foot storm sewer easement whose centerline is described as follows: Part of the N.W 1/4 of Section 13, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89 degrees 27 minutes 00 seconds West along the North line of Section 13, 790 00 feet and South 00 degrees 32 minutes 20 seconds East 798.14 feet from the North 1/4 corner of Section 13, T. 1 S , R 9 E. , City of Livonia, Wayne County, Michigan and proceeding thence South 89 degrees 27 minutes 00 seconds West 240 00 feet more or less of the centerline of the Tarabusi Drain, also being the point of ending Sidwell No 050-99-0040-000 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was: #682-93 RESOLVED, that having considered a communication dated August 3, 1993, from the Department of Law transmitting for Council acceptance a Quit Claim Deed, more particularly described as Quit Claim Deed dated May 7, 1993, executed by Angelo D'Orazio and Pierina D'Orazio, his wife, for the following property described as: Land in the City of Livonia, Wayne County, Michigan, described as The South 60 feet of the following parcel of land Part of the N.E 1/4 of Section 8, T 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning tior south 00°16'30" East, 1,659' ; and South 89°44' 10" West, 26.00 feet from the N E corner of Section 8; thence South 00°16'30" East, 200 00' ; thence South 89°44' 10" West, 27810 374.00' ; thence North 00°16'30" West, 200.00' ; thence North 89°44' 10" East, 374 00' to the point of beginning lbw (Pickford Court right-of-way - 029-99-0006-007) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed; and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution; AND BE IT FURTHER RESOLVED, that said Pickford Court is an improved public street and is open for public street purposes; and FURTHER, that said street is accepted into the City's Local Street System On as motion by Jurcisin, seconded by Toy, and unanimously adopted, it was: #683-93 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 9, 1993, approved by the Department of Finance and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation from Waste Management Corporation, Mideast Region Office, 17250 Newburgh Road, Livonia, Michigan 48152-0000, the same to be credited and appropriated to Account 702-000-285-215, for use in the Livonia Youth Assistance program. On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #684-93 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #685-93 RESOLVED, that having considered a communication from the General Manager of MetroVision of Livonia, Inc , dated August 11, 1993, which requests an opportunity to update the Council on the status of the Cable Act and the effect of rate regulation which is authorized to commence on September 1, 1993, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by McGee, seconded by Toy, and unanimously adopted, tirtit was: 27811 #686-93 WHEREAS, Senate Bill No 162 would amend Public Act No. 207, PA of 1921, as amended, which is the enabling legislation iir for local zoning districts and regulations; and WHEREAS, Senate Bill No 162 would provide that a licensed or registered "Family Day Care Home" shall be considered a residential use of property for zoning purposes and shall be permitted in all residential zones, including those zoned for single family dwellings, and could not be subject to special use or conditional use permit requirements; and WHEREAS, zoning authority is properly vested at the local government level with the individuals and their elected representatives most affected by the results of zoning and land use on a day-to-day basis, and Senate Bill No. 162 is yet another attempt by the state legislature to circumvent local zoning authority; and WHEREAS, the City of Livonia has been adversely affected by prior intrusions into local zoning authority such as through the placement of adult foster care small group homes in single family residential zoning districts; NOW, THEREFORE, BE IT RESOLVED, that Mayor Bennett and the Livonia City Council oppose passage of Senate Bill No. 162 as representative of yet another intrusion into the local zoning authority by permitting a business-type activity in a single 110 family zoning district with the resulting impact on the integrity and quality of life on the residential community; and BE IT FURTHER RESOLVED, that Mayor Bennett and the Livonia City Council urge the Michigan Municipal League, Governor Engler, State Senator Robert Geake and State Representative Lyn Bankes to oppose passage of Senate Bill No 162 On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: #687-93 RESOLVED, that having considered a communication from the City Planning Commission, dated May 28, 1993, which sets forth its resolution 5-95-93, adopted on May 18, 1993, with regard to Petition 93-4-1-5, submitted by the Disabled American Veterans for a change of zoning on property located on the north side of Seven Mile Road, between Lathers Avenue and Angling Road, from C-1 and P to RC, and the Council having conducted a public hearing with regard to this matter on August 11, 1993, pursuant to Council Resolution 500-93, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 93-4-1-5 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared kilow 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 27812 On a motion by Feenstra, seconded by McGee, and unanimously lor adopted, it was: #688-93 RESOLVED, that in accordance with Section 23.019(a), the City Planning Commission is hereby requested to conduct a public hearing and thereafter submit its report and recommendation on the question of whether certain property located on the north side of Seven Mile Road between Lathers and Angling, Tax Parcel CC1, should be rezoned from OS and P to R-C. No one wished to speak during the audience communication portion at the end of the meeting. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, this 1,254th Regular Meeting of the Council of the City of Livonia was adjourned at 10:08 p m , August 16, 1993 ,9'"i �J/�2 Z Jo McCotter, City Clerk