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HomeMy WebLinkAboutCOUNCIL MINUTES 1985-11-20 22101 MINUTES OF THE ONE THOUSAND AND SIXTY-SEVENTH REGULAR MEETING ihm OF THE COUNCIL OF THE CITY OF LIVONIA On November 20, 1985, 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 approximately 8:10 P.M. Councilman McCann delivered the invocation. Roll was called with the following result Robert R. Bishop, Robert E. McCann, Fernon P. Feenstra, Alice Gundersen, Gerald Taylor, Robert D. Bennett and Peter A. Ventura. Absent: None. Elected and appointed officials present Edward H. McNamara, Mayor, Robert F. Nash, City Clerk, Harry Tatigian, City Attorney, Jack Dodge, Director of Finance, G. E. Siemert, City Engineer, John Nagy, Planning Director, William Crayk, Chief of Police, Robert J Turner, Director of Public Safety, Edith Davis, Personnel ib, Director, Ron Mardiros, City Assessor, Ronald Reinke, Superintendent of Parks and Recreation; David Katz, Administrative Assistant to the Mayor and Donald Vyhnalek, Planning Commission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1010-85 RESOLVED, that the minutes of the 1 ,066th Regular Meeting of the Council of the City of Livonia, held November 7, 1985, are hereby approved On a motion unanimously introducted, supported and adopted, it was #1011-85 WHEREAS, the Livonia Stevenson High School Varsity Soccer Team defeated the Birmingham Brother Rice team 4-3 for the State Class A Championship on Saturday, November 2, 1985, and WHEREAS, the Livonia Stevenson High School Soccer Team finished the season with a 22-0-2 record, and WHEREAS, the Livonia Stevenson High School Spartans Soccer Team was made up of many freshmen and sophomore players, 22102 LbwWHEREAS, Coach Peter Scerri instilled confidence and determination along with sportsmanship in his team through the strong Spartan tradition of excellence, NOW, THEREFORE, BE IT RESOLVED that the Livonia City Council congratulates the players, coach and school for the high honor they have brought to the city, school and themselves in this most successful season. A communication from the Director of Public Works, dated October 31 , 1985, re Computer Room Construction Project Final Cost Information was received and placed on file for the information of the Council . The following resolutions were offered by Councilman Taylor, seconded by Councilman Feenstra• #1012-85 RESOLVED, that having considered the report and recommendation of the Court Administrator and the District Judges of the 16th District Court dated November 5, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of the Sony BM 146 Recorders and Transcribers detailed in the attachments from Dictation Sales & Service, Inc. , 25657 Southfield Road, Southfield, Michigan 48075, for the price of $7,349.14, further the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.5. of the Livonia Code of Ordinances, as amended. #1013-85 RESOLVED, that having considered a communication from the Court Administrator and the Judges of the 16th District Court dated November 13, 1985, which bears the signature of the Director of Finance and is approved by the Mayor, the Council does hereby authorize the purchase of an IBM Systems 36 and Micro-Processor Hardware and accompanying IBM Systems 36 Software from the State of Michigan Judicial Data Center, 300 Lafayette Bldg. , Detroit, Michigan 48226, for a sum not to exceed $54,000; further, the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D 5 of the Livonia Code of Ordinances, as amended. ib. #1014-85 RESOLVED, that having considered the report and recommendation of the Fire Chief dated September 25, 1985, which bears the signature of the Director of Finance, is approved by the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby concur in the proposed 22103 purchase of a new Horton E.M S. Unit to replace an existing iwo unit as a First Line Reserve Unit, and the reconditioning of one (1 ) E.M.S. Unit in the manner herein described, the total cost of which is to be funded from the 1968 Fire Department Bond Issue; further, the Council does hereby authorize the Fire Department to prepare specifications and thereafter advertise for the taking of competitive bids for these two vehicles in accordance with provisions of Law and City Ordinance. #1015-85 RESOLVED, that having considered a letter from Ronaele Bowman, 27550 Terrence, Livonia, Michigan, dated November 5, 1985, to which is attached a petition bearing the signatures of certain residents of Terrence Drive, wherein a request is submitted for the paving or blacktopping of Terrence, between Foch and Harrison, the Council does hereby refer this item to the Engineering Division for the purpose of conducting an informational meeting with the area residents and thereafter submitting a report and recommendation. #1016-85 RESOLVED, that having considered a letter from Mr. William C. Snefkey, 30262 Hoy, Livonia, Michigan 48154, dated October 24, 1985, with regard to the paving assessment levied on his property which is located at 30262 Hoy, being Lot 103 of the B.E. Taylor's Green Acres Subdivision, the Council does hereby refer this item to the Engineering Division for its report and recommendation. iim #1017-85 RESOLVED, that having considered the report and recommendation of the Mayor dated October 31 , 1985, to which is attached a letter from the Director of the Conference of Western Wayne dated October 24, 1985, and which submits a request for payment of the City's 1986 dues in the amount of $2,648.14, the Council does hereby approve and authorize the payment of said dues from funds previously appropriated for this purpose in the manner and form herein submitted. #1018-85 RESOLVED, that having considered a communication from the Chairman of the Zoning Board of Appeals dated October 29, 1985, approved by the Director of Finance, with regard to funds required to employ a college co-op student, the Council does hereby authorize the transfer of the sum of $900 from the Travel and Education Account #101-815-864.016.000 to Salaries and Wages Account #101-815-702.000.000 for this purpose. #1019-85 RESOLVED, that having considered a communication from the Personnel Director dated October 16, 1985, approved by the Director of Finance and approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on October 10, 1985, wherein it is recommended that the salary rates for Figure Skating Instructors be increased imw and established effective December 1 , 1985 as follows: 22104 im• Head Pro $14/hour - Senior Pro $12/hour the Council does hereby concur in and approve of such action. #1020-85 RESOLVED, that having considered a communication from the Department of Law, dated October 28, 1985, approved by the City Engineer, the Director of Public Works, the Planning Director and the Director of Finance, and approved for submission by the Mayor, to which is attached a proposed contract for the employment of KDA/CM, Inc. , 15875 Middlebelt, Livonia, Michigan 48154, as construction manager for the proposed new main library to be located in the Civic Center, the Council does hereby request and 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 and to do all other things necessary or incidental to the full performance of this resolution. #1021-85 RESOLVED, that having considered the report and recommendation of the City Engineer dated October 15, 1985, which bears the signature of the Director of Finance, is approved for submission by the Mayor, to which is attached a list (73 pages) of costs and sidewalks that have been repaired and/or replaced in connection with the 1984 Sidewalk Repair Program (Contract 84-E) at various locations throughout the City, said list being included herein by reference, which work was done pursuant to Council Resolutions Nos. 615-84 and 615-85 and in accordance with the provisions of Section 12.04.340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts indicated above by reference in accordance with Section 3.08.150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, January 29, 1986 at 8:00 P.M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution, further, the Council does hereby appropriate and authorize the expenditure of the sum of $21 ,421 .96 from the $7 9 Million General Obligation Road Improvement Bond Issue to cover the City's share of the program. g1022-85 RESOLVED, that having considered a communication from the Department of Law, dated October 31 , 1985, transmitting for Council acceptance a quit claim deed dated October 30, 1985, executed by Russell W Waack, Secretary/Treasurer and sole iftw surviving member of the Board of Directors or Trustees of Clarenceville Cemetery Association, conveying to the City certain property which constitutes the Clarenceville Cemetery, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation 22105 A communication from the Chief of the Livonia Division of Police, dated October 25, 1985 re Report on Council Resolution #570-85 Questionable Activities on Vassar was received and placed on file for the information of the Council . #1023-85 RESOLVED, that having considered a communication from the City Assessor, dated October 25, 1985, approved for submission by the Mayor, with regard to a request from Phil Barth, 18845 Beech Daly, Detroit, Michigan 48240, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed combination of Tax Item Nos. 46 109 01 0044 000, 46 109 01 0045 000, 46 109 01 0046 000, 46 109 01 0048 000, 46 109 01 0049 000, 46 109 01 0050 000 and 46 109 01 0051 000, would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of combining the same into one (1 ) parcel , the legal description of which shall read as follows. Grayton Highway Sub T1S R9E L53 P88 WCR Lots 44 THRU 51 INCL, ALSO ADJ VAC ALLEY 20 FT WIDE, ALSO THE N 1/2 of ADJ VAC ALLEY ADJACENT TO LOT 44 AND LOT 51 . as shown on the map attached to the aforesaid communication which ibr 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. #1024-85 RESOLVED, that having considered a communication from the City Planning Commission dated November 6, 1985 which sets forth its resolution 10-235-85 adopted on October 29, 1985 with regard to a request from Tony Piccirrilli and John Morano for an extension of time to complete conditions 3 & 4 in connection with the approval of Petition 82-4-2-10 relative to a waiver use approval to operate an auto repair and body shop within an existing building located on the East side of Merriman Road between Schoolcraft and Plymouth Roads in Section 26, previously granted in Council Resolution 474-82 adopted on June 16, 1982, and the Council having granted a prior extension relative to same in Council Resolution 750-84, the Council does hereby concur in the recommendation of the Planning Commission and grant an additional extension for a one year period subject to compliance with all of the conditions set forth in the original waiver use approval . #1025-85 WHEREAS, the City of Livonia has received a request from Foodland Distributors, 12701 Middlebelt Road, Livonia, Michigan 48150, dated November 7, 1985, which submits an application proposing the establishment of an industrial development district, and 22106 WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, Imw 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 which is legally described as follows: Part of the NE 1/4 Sec. 26 T1S R9E Beg. S 02° 00' 00" E. 2549.57 ft. and N 72° 42' 35" W 145.15 ft. from the NE Cor. of Sec. 26 thence N 72° 42' 35" W 225.64 ft. thence S. 87° 54' 03" W 2018.81 ft. thence $ 72° 24' 13" W 289.26 ft. thence N 02° 28' 30" W 1182.29 ft. thence N 87° 52' 20" E 2597.24 ft. thence S 02° 00' 00" E 1232.67 ft. POB also part of the N 1/2 of th NE 1/4 Sec. 26 T1S R9E lying south of the S line of Industrial Rd. also that part of the E 700 ft. of the S 1/2 of the NW 1/4 of Sec. 26 measuring 1321 .70 ft. on the W line and 1321 .07 ft. on the E line of said parcel except the S 672.50 ft. thereof 86.19 AC. 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. 32", 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. 32. 2. This City Council sets Monday, January 13, 1986 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. #1026-85 RESOLVED, that having considered a communication from the City Engineer, dated October 29, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and submitted pursuant to Council Resolution 343-85, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Cavell (Five Mile to Oakley), Oakley (Cavell to Inkster) and Howell and Meadowbrook (East of Cavell ), and such report having indicated the number of parcels which show tax delinquencies, 22107 the number of parcels owned by public authorities, the number 1.0 of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 29, 1985, and that there has been a full compliance with all of the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, January 8, 1986 at 8.00 P.M. as the date and time for a public hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08.070 of said Code. #1027-85 RESOLVED, that having considered a communication from the City Engineer, dated October 29, 1985, which bears the signature of the Director of Finance and is approved for submission 11110 by the Mayor, and submitted pursuant to Council Resolution 342-85, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Gillman (Seven Mile to Curtis) and Clarita and Pickford (East and West of Gillman) and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Enginer with the City Clerk under date of October 29, 1985, and that there has been a full compliance with all of the provisions of Section 3.08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, January 8, 1986 at 8 00 P.M. as the date and time for a public hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08.070 of said Code. 22108 #1028-85 RESOLVED, that having considered a communication from the City Engineer, dated October 29, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and submitted pursuant to Council Resolution 278-85, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Lathers (Seven Mile to Curtis) and Clarita and Pickford (East and West of Lathers), and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 29, 1985, and that there has been a full compliance with all of the provisions of Section 3.08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, January 8, 1986 at 8:00 P.M. as the date and time for a public hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08.070 of said Code. #1029-85 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 No. 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, January 13, 1986 at 8.00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: 1 . Petition 85-9-1-24, submitted by Naomi R Clark for a change of zoning of property located on the north side of Seven Mile Road, east of Fitzgerald in the Southwest 1/4 of Section 5 from RUFC to R-6, the City Planning Commission in its resolution 10-226-85 having recommended to the City Council that Petition 85-9-1-24 be denied, 22109 2. Petition 85-9-1-25, submitted by FCA Senior Citizen's 110 Housing Corporation for a change of zoning of property located on the east side of Farmington Road between Pickford and Curtis in the Northwest 1/4 of Section 10 from R-1 to P.S. , the City Planning Commission in its resolution 10-227-85 having recommended to the City Council that Petition 85-9-1-25 be denied, 3. Petition 85-9-1-26, submitted by James Jonna, Michael George and Timothy Bush for a change of zoning of property located on the east side of Haggerty Road between Eight Mile and Phillips Roads in the Northwest 1/4 of Section 6 from RUFC and M-1 to C-2 and M-1 and RUFC to C-4III and P.S. , the City Planning Commission in its resolution 10-228-85 having recommended to the City Council that Petition 85-9-1-26 be approved, 4. Petition 85-9-1-27, submitted by John Allie for a change of zoning of property located on the west side of Middlebelt, south of Norfolk in the Northeast 1/4 of Section 2 from RUFA to C-1 , the City Planning Commission in its resolution 10-229-85 having recommended to the City Council that Petition 85-9-1-27 be approved, 5. Petition 85-9-1-28, submitted by Siegal/Tuomaala Associates/Harold Beznos for a change of zoning of property located on the north side of Plymouth Road, west of Middlebelt in the Southeast 1/4 of Section 26 from M-1 to C-2, the City Planning Commission in its resolution 10-230-85 having recommended to the City Council that Petition 85-9-1-28 be denied, 6. Petition 85-10-1-30, submitted by Hart and Leidal for a change of zoning of property located on the north side of Schoolcraft Service Drive, west of Ellen Drive in the Southwest 1/4 of Section 21 from R-2 to P.S. , the City Planning Commission in its resolution 10-231-85 having recommended to the City Council that Petition 85-10-1-30 be approved, Further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed 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 registered 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 22110 do all other things necessary or incidental to the full performance 10. of this resolution. A roll call vote was taken on the foregoing resolutions with the following result: AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #1030-85 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated November 13, 1985 and submitted pursuant to Council Resolution 297-84 in connection with a communication from the Personnel Director dated February 2, 1984, approved by the Director of Finance and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on January 26, 1984, regarding proposed amendment to the rules and regulations regarding holiday pay for temporary employees, the Council does hereby reject and deny this action. # 11. On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #1031-85 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated November 13, 1985 and submitted pursuant to Council Resolution 546-84 in connection with a communication from the City Assessor dated June 18, 1984, approved for submission by the Mayor, wherein a request is submitted for the establishment of a fee to be charged for photocopies and computer copies, the Council does hereby approve and authorize establishing a minimum fee of $.25 per copy which shall apply to all city offices for the reproduction of photo or computer copies. On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #1032-85 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated November 13, 1985 and submitted pursuant to Council Resolution 741-84 in connection with a communication from the Mayor dated August 22, 1984, wherein it is requested that an unclassified position of Director of Labor Relations be established at the rate of $45,011 .20 and that the same benefits (i.e. , longevity, vacation credit, sick leave, dental , optical , medical benefits, etc. ) as extended to other full time classified Civil Service employees be afforded to this position, the Council does hereby determine to take no further action 22111 On a motion by Councilman Taylor, seconded by Councilman Feenstra, IOW and unanimously adopted, it was #1033-85 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated November 13, 1985 and submitted pursuant to Council Resolution 1001-84 in connection with a communication from the Mayor, dated October 23, 1984, wherein it is recommended that compensation in the amount of $75 per month be approved and established for members of the Livonia Housing Commission, the Council does hereby determine to take no further action. On a motion by Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #1034-85 RESOLVED, that having considered a communication from the Livonia Kiwanis Early Risers Club dated October 29, 1985, wherein a request is submitted for the use of the Idyl Wyld Golf Course on Friday, July 18, 1986, commencing at 10:00 A.M. to conduct the Annual State Kiwanis Golf Tournament and for a waiver of greens fees in connection with this event, the Council does hereby approve and grant this request. lbw On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was 11035-85 RESOLVED, that having considered a letter from the Judges of the 16th District Court dated November 5, 1985, to which is attached Administrative Order No. 401 , wherein the 16th Judicial District would appoint Joseph F. Mysliwiec as a Magistrate for the 16th District Court, effective November 5, 1985, for the purpose of conducting weddings only, the Council does hereby concur in and approve of the said appointment in the manner and form herein submitted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1036-85 RESOLVED, that having considered a communication from the City Assessor, dated October 30, 1985, approved for submission by the Mayor, with regard to a request from Arthur Bonk, attorney for the Smith & Andrews Construction Company Profit Sharing Trust ibm of 1588 American Center, 27777 Franklin Road, Southfield, Michigan 48034, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No 543, as 22112 LI amended, the Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing Tax Item No. 46 010 01 0101 001 (03a 101a 102a 103a) into two (2) parcels since the same would be in violation of the City's Zoning Ordinance and Law. On a motion by Councilman Feenstra, seconded by Councilman McCann, it was #1037-85 RESOLVED, that having considered a communication from the City Planning Commission dated October 30, 1985, which transmits its resolution 8-193-85, adopted on August 27, 1985, with regard to a request from Melvin Belovicz for an extension of the approval of the Preliminary Plat for Sunset Park Estates Subdivision proposed to be located on the east side of Louise Avenue between Six Mile Road and Curtis in the Southeast 1/4 of Section 11 , the said Preliminary Plat having previously been approved in Council Resolution 718-84, adopted on August 29, 1984, the Council does hereby concur in the recommendation of the Planning Commission and grant the requested extension for a one (1) year period, subject to compliance with the conditions set forth in Council Resolution 718-84. Ibv A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Feenstra, Gundersen, Ventura, Bishop. NAYS: Taylor, Bennett. The President declared the resolution duly adopted. The President of the Council indicated that Item No. 21 , Petition 85-5-2-16 by DiConti Architects to construct a restaurant at the S.W. corner of Farmington and Schoolcraft Roads in the N. W. 1/4 of Section 28, had been removed from the Agenda by request of the petitioner. Councilman Ventura left the podium at 8:32 P.M. On a motion by Councilman Bennett, seconded by Councilman Taylor, it was lbwRESOLVED, that having considered a communication from the City Planning Commission dated November 6, 1985, which 22113 transmits its resolution 10-232-85 adopted on October 29, 1985 with regard to Petition 85-9-2-37, submitted by Fred Armour requesting waiver use approval to construct an addition to an existing restaurant located on the south side of Plymouth Road between Milburn and Flamingo in the Northwest 1/4 of Section 35, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett. NAYS: McCann, Feenstra, Gundersen, Taylor, Bennett. The President declared the resolution denied. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #1038-85 RESOLVED, that having considered a communication from the City Planning Commission dated November 6, 1985, which transmits its resolution 10-232-85 adopted on October 29, 1985 with regard to Petition 85-9-2-37, submitted by Fred Armour requesting waiver use approval to construct an addition to an existing restaurant located on the south side of Plymouth Road between Milburn and Flamingo in the Northwest 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-9-2-37 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission as well as the additional condition that the proposed sign shall be a monument ground sign placed on a planter box at the same proposed location and the same shall not exceed 12' in height (including the planter box. ) A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS: Bennett. The President declared the resolution duly adopted. Councilman Ventura returned to the podium at 8.34 P.M. On a motion by Councilman Taylor, seconded by Councilman Feenstra, Iwo and unanimously adopted, it was 22114 11039-85 RESOLVED, that having considered a communication from the City Planning Commission dated November 6, 1985, which transmits its resolution 10-239-85 adopted on October 29, 1985 with regard to Petition 85-10-8-24 submitted by LPR Properties, requesting site plan approval in connection with a proposal to construct a four-story office building on the west side of North Laurel Park Drive, North of Six Mile Road in Section 7, 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 85-10-8-24 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was 11040-85 RESOLVED, that having considered a communication from the City Planning Commission dated November 6, 1985, which transmits its resolution 10-238-85 adopted on October 29, 1985 with regard to Petition 85-10-8-23 submitted by Daniel Redstone, for the City of Livonia, requesting approval of the Site Plan for the proposed addition to the Police Headquarters Building located on the west side of Farmington Road, south of Five Mile Road in the Northwest 1/4 of Section 22, 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 85-10-8-23 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1041-85 RESOLVED, that having considered a communication from the City Planning Commission dated November 6, 1985, which transmits its resolution 10-241-85 adopted on October 29, 1985 with regard to Petition 85-10-8-25 submitted by Alfred DiMatteo, requesting site plan approval in connection with a proposal to expand an existing restaurant located on the north side of Seven Mile Road between Parkville and Weyher in Section 1 , pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby concur in the 22115 low recommendation of the Planning Commission and Petition 85-10-8-25 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, as well as the additional condition that in lieu of the proposed pedestal sign, the petitioner shall erect a monument sign which shall not exceed 10' in height. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #1042-85 RESOLVED, that having considered a communication dated November 4, 1985, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as. Grant of Easement dated October 28, 1985, executed by Ronald H. Omar and Betty Omar, his wife, for A 6 foot wide easement for maintenance whose centerline is described as follows part of Lot 590 Supervisor's Livonia Plat No. 10 of part ibms of E. 1/2 of Section 15, T.1S, R.9E, Livonia Twp. (now City), Wayne County, Michigan, as recorded in Liber 66, Pages 61 , 62, 63. W.C.R. described as beginning at a point on the north line of Lot 590 distant due East 4.30 feet from the Northwest corner of Lot 590 and proceeding thence in a Southeasterly direction 65 feet more or less to existing Bell Creek and point of ending. 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 Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #1043-85 RESOLVED, that having considered a letter from the Council President dated November 7, 1985, the Council does hereby approve the following schedule of Council Meetings for the month of January, 1986, subject to change with notice ift• 7.30 P.M. JAN. 6 Organizational Meeting 8:00 P.M. JAN 6 Study Meeting 8:00 P.M. JAN. 15 Regular Meeting 22116 ihm 8:00 P.M. JAN. 20 Study Meeting 8:00 P.M. JAN. 29 Regular Meeting On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #1044-85 RESOLVED, that having considered a communication from the Planning Director dated November 18, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept a cash donation in the amount of $2,500.00 from Motor City Ford Trucks, Inc. , which is intended to be used for landscaping of the road right-of-way area between the sidewalk and curb on the north side of Seven Mile Road, east of Farmington Road as part of the "Livonia Pride" project; and further, that the Council authorizes the payment of $1 ,500.00 to Nancy Stockwell and $1 ,000 to Pat Hatala who incurred the costs of the landscaping installation at the above location. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS: None. On a motion by Councilman Ventura, seconded by Councilman Taylor, it was #1045-85 RESOLVED that, having considered a communication from the Planning Director dated November 18, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept a cash donation in the amount of $7,500.00 from Bill Brown Ford which is intended to be used for landscaping of the road right-of-way area between the sidewalk and curb at the southeast corner of Plymouth Road and Harrison as a part of the "Livonia Pride" project, and further, that the Council authorizes the payment of $7,500.00 to Harold Thomas Nursery, the contractor who incurred the cost of the landscaping installation at the above location, and the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.5. of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES. McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. 22117 NAYS: None. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #1046-85 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 Councilman McCann, seconded by Councilman Feenstra, and unanimously adopted, it was #1047-85 RESOLVED, that having considered a communication from the Mayor, dated November 18, 1985, wherein it is recommended that for purposes of retirement, the Director of Public Safety, Robert J. Turner, shall be afforded all rights and benefits as an employee of the Department of Public Safety (Police), effective December 1984, that he would otherwise have received in his former capacity as Chief of Police, the Council does hereby concur in ibm and approve of such action; and all prior resolutions with respect to this item are hereby amended and revised to the extent necessary to be consistent with the action taken herein. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was #1048-85 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated November 18, 1985 and submitted pursuant to Council Resolution 859-85 in connection with the report and recommendation of the Committee of the Whole dated September 16, 1985 and submitted pursuant to Council Resolution 633-85 in connection with a communication from the City Planning Commission, dated May 14, 1985, which sets forth its resolution 5-86-85 adopted on April 18, 1985, with regard to Petition 84-11-1-34, as amended, submitted by Lidia Veri for a change of zoning on property located on the north side of Seven Mile Road, east of Shadyside in the Southwest 1/4 of Section 3, from R-3A to C-1 and R-7, and the Council having conducted a public hearing with regard to this matter on June 24, 1985, the Council does hereby concur, in part, with the recommendation of the Planning Commission and the said Petition 84-11-1-34 is hereby approved and granted with the exception, however, that the East 225' of the subject property shall be rezoned from R-3A to P.S. , and the City Planner is hereby instructed to cause the necessary map for publication to be 22118 prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Ventura, Bishop. NAYS: McCann, Taylor, Bennett. The President declared the resolution duly adopted. On a motion by Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated November 18, 1985 the Council does hereby amend and revise CR 777-85 adopted on August 28, 1985 which approved the application for Industrial Facilities Exemption Certificate from TnT-EDM, Inc. covering lbw new industrial facilities to be located within the City of Livonia Industrial Development District No. 26 so as to include in such approval an additional $211 ,000 worth of machinery and equipment in the project cost as well as to provide that such approval shall be for a period of twelve years. Councilman Feenstra challenged the propriety of the foregoing resolution. The Chair, Council President Bishop, ruled the motion in order and the Chair was upheld by the following vote: AYES: McCann, Taylor, Bennett, Ventura, Bishop. NAYS: Feenstra, Gundersen. On a motion by Councilman Bennett, seconded by Councilman Taylor, it was RESOLVED, that the foregoing resolution be amended so as to provide for approval of the Industrial Facilities Exemption Certificate for TnT-EDM, Inc. for ten years in lieu of twelve. LANA roll call vote was taken on the motion to amend with the following result: 22119 lbw AYES; Taylor, Bennett. NAYS: McCann, Feenstra, Gundersen, Ventura, Bishop. The President declared the amendment denied. A roll call vote was taken on the original motion for twelve years with the following result: AYES: McCann, Ventura, Bishop. NAYS: Feenstra, Gundersen, Taylor, Bennett. The President declared the resolution denied. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #1049-85 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated November 18, 1985 the Council does hereby amend and revise CR 777-85 adopted liw on August 28, 1985 which approved the Application for Industrial Facilities Exemption Certificate from TnT-EDM, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 26 so as to include in such approval an additional $211 ,000 worth of machinery and equipment in the project cost as well as to provide that such approval shall be for a period of nine years. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Feenstra, Taylor, Bennett, Ventura. NAYS: Gundersen, Bishop. The President declared the resolution duly adopted. On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, this 1067th Regular Meeting of the Council of the City of Livonia was adjourned at 9.15 P.M. , November 20, 1985 edfdlt Robert F. Nash, City Clerk