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HomeMy WebLinkAboutCOUNCIL MINUTES 1986-06-04 22549 MINUTES OF THE ONE THOUSAND AND EIGHTY-FIRST REGULAR MEETING law OF THE COUNCIL OF THE CITY OF LIVONIA On June 4, 1986, 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 8:03 p.m. Councilman McCann delivered the invocation Roll was called with the following result Robert R Bishop, Joan McCotter, Fernon P Feenstra, Robert E McCann, Gerald Taylor, Robert D Bennett and Ron Ochala, absent -- none. Elected and appointed officials present George Weible, Assistant City Attorney, Harry Tatigian, City Attorney, John Nagy, Planning Director, G. E. Siemert, City Engineer, William Crayk, Chief of Police, Barney Knorp, Fire Chief, Robert F. Biga, Labor Relations Director, Edith Davis, Personnel Director, Marilyn Kazmer, Director of Legislative Affairs, Suzanne Wisler, Director of Community Resources, Ronald R Reinke, Superintendent of Parks and Recreation,L Robert Beckley, Superintendent of Public Service Division, Sue Daniel , Historical Commission and Jeanne Hildebrandt, Planning Commission By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #520-86 RESOLVED, that the minutes of the 1 ,080th Regular Meeting of the Council of the City of Livonia, held May 21 , 1986, are hereby approved. By Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #521-86 RESOLVED, that the minutes of the 195th Special Meeting of the Council of the City of Livonia, held May 28, 1986, are hereby approved. A communication from the City Assessor, dated May 22, 1986, enclosing a copy LBof the 1986 Assessments and Industrial Facilities Act 198 and Act 255 and including 22550 ilima comparison of Assessment Values and Industrial Facilities to other Wayne County cities and townships was received and placed on file for the information of the Council On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #522-86 RESOLVED, that having considered a letter from Denise L. Watt, 18568 Williams, Livonia, Michigan 48154, dated May 19, 1986, requesting permission to close Williams between Comstock and Dardanella on Sunday, June 29, 1986 from 3.00 P.M. to Dusk, for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department, further the Department of Public Works is requested to provide sawhorses as required for use in connection with this event #523-86 RESOLVED, that having considered a letter from Lawrence T. Harrigan, 8926 Hillcrest, Livonia, Michigan, dated May 13, 1986, wherein a request is submitted for the removal of "No Parking" signs located on the north side of Devon-Aire Woods Park on Robert Drive, the Council does hereby refer this item to the Traffic Commission for its report and recommendation which should include consideration of the installation of a stop sign at a location ihm deemed appropriate in this area. #524-86 RESOLVED, that having considered a letter from Mrs. Margaret Long, 31529 Fonville, Livonia, Michigan 48152, dated May 18, 1986, requesting permission to close a portion of Fonville Street commencing from Donna on June 22, 1986 from 2.00 P.M. to 6:00 P.M. for the purpose of conducting a graduation party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. #525-86 RESOLVED, that having considered a letter from the Livonia Wood Carvers Club dated May 9, 1986, wherein a request is submitted for a waiver of the Transient Merchant's License for exhibitors at the Twelfth Annual Livonia Wood Carvers' Show to be conducted on August 2 and 3, 1986 at the Eddie Edgar Sports Arena, the Council does hereby approve and grant this request in the manner and form herein submitted. #526-86 RESOLVED, that having considered a letter from the President of the Cushion 'n' Cue Recreation Centers dated May 27, 1986, requesting a waiver of the prescribed closing time at 27630 Schoolcraft, Livonia, Michigan 48150, in connection with a tournament being conducted on June 14 and 15, 1986, the Council does hereby grant and approve this request in the manner im. and form herein submitted so as to extend the closing time with respect to the tournament only to 5:00 A.M. 22551 #527-86 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated May 28, 1986, approved by the Director of Finance, the City Librarian and the Executive Assistant to the Mayor, and approved for submission by the Mayor, the Council does hereby accept the bid of Edwards Glass Company, 32000 Plymouth Road, Livonia, Michigan 48150 for the replacement of entrance doors at Alfred Noble Library and the Senior Citizens Center for the price of $24,409, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby authorize the use of a grant from the State of Michigan Office of Service to the Aging in the amount of $9,000 for this work, as well as appropriate and authorize the expenditure of the sums of $14,610 from Account No. 271-738-987-000 and $799 from Account No. 112-891- 931-010 for this purpose, and the Director of Public Works is hereby authorized to approve any minor adjustments in 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. #528-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated May 20, 1986, approved by the Superintendent of Parks and Recreation and the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Goddard Coatings Company, 2280 Auburn Road, Auburn Hills, Michigan 48057, for Tennis Court Color Surface Replacement for the price of $11 ,635, the same having been in fact the lowest bid received and meets all specifications, and the Council does hereby appropriate and authorize the expenditure of the sum of $11 ,635 from the Unexpended Fund Balance Account for this purpose, and the Director of Public Works is hereby authorized to approve any minor adjustments in 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. #529-86 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 20, 1986, approved by the Director of Finance, approved for submission by the Mayor, and which transmits Water and Sewer Board resolution WS 2722 5/86, the Council does hereby accept the bid of Etna Supply Company, 529-32nd Street, S.E. , Wyoming, Michigan 49508, for supplying the Public Service Division (Water Maintenance Section) with Copper Water Tubing at the unit prices bid and for a total estimated cost in the amount of $6,725.25, the same having been in fact the lowest bid received and meets all specifications L #530-86 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated May 14, 1986, approved by the Director of Finance and approved 22552 for submission by the Mayor, the Council does hereby accept the bid of Robertson Bros. Pool Service, 32749 Northwestern Hwy. , Farmington Hills, Michigan 48024, for the replacement of a Pool Pump Filtration System at Clements Circle Pool on the basis of the alternative bid price of $29,760, the same having been in fact the lowest and only bid received and meets all specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $29,760 from the Unexpended Fund Balance Account for this purpose #531-86 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated May 19, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize Sinelli Cement Company, 19404 Gerald Avenue, Northville, Michigan 48167, to complete certain concrete work at Shelden Pool , on a unit price basis and for a total estimated price of $5,022 for 2,336 square feet of concrete, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $5,022 from the Unexpended Fund Balance Account for this purpose, further the Council does hereby authorize the said item without competitive bidding for the reason 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 #532-86 RESOLVED, that having considered a letter from Commercial Removal dated May 8, 1986 requesting the opportunity to discuss the possible extension of the current refuse collection contract between Commercial Removal and the City of Livonia, and having also considered a letter dated May 16, 1986 from BFI Waste Systems in connection therewith, the Council does hereby refer this item to the Waste Disposal Study Committee for its report and recommendation #533-86 RESOLVED, that having considered the report and recommendation of the Chief of Police dated May 6, 1986 which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is recommended that the 1974 Chevrolet Van presently assigned to the Intelligence Bureau, VIN CGY254W185141 , be sold to the Farmington Police Department for the price of $400, the Council does hereby concur in the aforesaid recommendation and authorize the sale of the said Van to the Farmington Police Department in the manner and form herein recommended; further, upon deposit of the aforesaid monies in the General Fund, the Council does hereby authorize a $400 increase in Account No. 101-325-985-000-000 - Patrol Capital Outlay to reflect this transaction. Lim #534-86 RESOLVED, that having considered a comrunication from the Historical Commission dated May 13, 1986, approved by the Director of Finance and approved for submission by the Mayor, 22553 110. the Council does hereby accept a cash donation of the sum of $3,000 from the Friends of Greenmead for restoration work to be performed at the Kingsley House and the Alexander Blue Office in the Historical Village. #535-86 RESOLVED, that having considered a communication from the Historical Commission dated May 13, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept, for and on behalf of the City of Livonia, the donation of a Pool Liner for the Garden Pool at Greenmead from William Jahns, 19499 Bainbridge, Livonia, Michigan. 1536-86 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated May 13, 1986, approved by the Director of Finance and approved for submission by the Mayor, with regard to the renewal of the contract between the City of Livonia and Suzanne Daniel , a member of the Livonia Historical Commission, as designated by the Commission, authorizing the purchase by this member of artifacts and furnishings, the Council does hereby authorize the said extension in the manner and form herein recommended for a one year period, the said one year extension to be based upon the same terms and conditions as those which are set forth in a contract dated May 16, 1985, which contract was previously authorized in Council Resolution 242-85, adopted on April 10, 1985, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said Contract Extension, which Contract shall be prepared by the Department of Law in accordance with the action taken herein. 1537-86 RESOLVED, that having considered a communication from the Historical Commission dated May 13, 1986, approved by the Director of Finance and approved for submission by the Mayor, to which is attached a letter from the Newburg Methodist Church, 36500 Ann Arbor Trail , Livonia, Michigan, dated April 10, 1986, wherein a request is submitted for permission to conduct a picnic at Greenmead and to conduct a worship service in the Newburg Church in the Historical Village on Sunday, August 10, 1986, as well as a request for a waiver of the fee for the use of the church, the Council does hereby approve and grant this request in the manner and form herein submitted. #538-86 WHEREAS, Act 223, P.A. 1909, as last amended by Act 196, P.A. 1970 provides for the conveyance of State-owned tax-reverted lands to municipal units for public purposes, and WHEREAS, such lands are under the jurisdiction of the State of Michigan, Department of Natural Resources, and are available for acquisition under the provisions of the above Lim mentioned act, the legal description of which are as follows. 22554 160 46 002 01 0375 003 Supervisors Livonia Plat No 6 W. 60 feet of the E 180 feet of Lot 375 46 005 02 0015 003 Elmwood Farms Sub E 130 feet of S 1/2 of Lot 15 46 006 99 0075 002 Town 1 South, Range 9 East Sec. 2 - N 1/2 of NE 1/4 of SW 1/4 of NE 1/4 of NW 1/4 except W 30 feet thereof, also except S 75 feet thereof 46 013 01 0386 000 Windridge Village Sub No. 3 Lot 386 46 013 01 0463 000 Lot 463 46 042 06 0005 000 Hillbrook Estates Sub Lot 5 46 045 03 0011 000 Dohany Sub Lots 11 , 12, 115 & 116 46 051 99 0076 000 Sec. 13 W 854. 55 feet of SW 1/4 described as beginning at a point on W line of Harrison Avenue distant N 0°12' 30" W 1299 feet & N 88°57' W 43.01 im. feet from S 1/4 corner of Sec 13 & proceed th N 88°57' W 1293 32 feet, th S 89°54'30" E 1293.02 feet to W line of Harrison Avenue, th S 0°12' 30" E along said line 21 .63 feet to the POB 46 054 01 0030 002 Bell Creek Estates Sub Lot 30 except S 400 feet thereof 46 080 08 0008 000 Tanglewood Sub Lot 8 46 093 99 0028 000 Sec 24 That part of the NE 1/4 described as beginning at a point distant S 89°49' W 688 feet & S 0°19'30" E 1790.06 feet & along a tangent curve to the left radius 1272 52 feet a distance of 215.74 feet from the NE corner of Sec. 24 & proceed th Sly along said curve 61 .16 feet, th S 0°19'30" E 136.99 feet, th S 89°49' W 558.32 feet, th N 0°19'30" W 197 feet, th N 89°49' E 558 feet to the POB 46 099 99 0105 000 Sec 25 That part of the SW 1/4 described as beginning at a point on the center line of a creek distant S 87°13' E 1547, 93 feet & N 2°47' E 1026.50 feet from the SW corner of Sec. 25 & proceed th S 2°47' W 104.50 feet, th S 87°13'E 220 feet, th N 2°47' E 131 .50 feet to the center line of said creek, th SWIy along said center line to the POB, except the Wly 30 feet thereof, also except the S 40 feet thereof 22555 46 103 99 0002 000 Town 1 South, Range 9 East (con't) Sec. 26 E 1/2 of the following described parcel That part of the SW 1/4 of Sec 26 described as beginning at a point on the W section line distant S 0°45'20" W 535 40 feet from the W 1/4 corner of Sec. 26 & proceed th S 0°45'20" W along said line 165 feet, th S 88°57'40" E 1315 feet, th N 0° 45' 10" E 165 feet, th N 88°57 '40" W 1315 feet to the POB, except the W 60 feet thereof. 46 115 02 0030 002 Woodlands Village A Sub Lot 30 except N 50 feet thereof 46 126 02 0010 000 Shaffmasters Plymouth Riverside Estates Sub Lot 10 46 129 01 0140 000 Supervisors Livonia Plat No. 2 Lot 140 46 129 99 0002 002 Sec. 33 That part of the NE 1/4 described as beginning at the N 1/4 corner of Sec. 33, th due E 1115 feet, th S 0°56' E 284.5 feet to the lbw POB, th due E 100 feet, th S 0°56' E 313.51 feet, th S 83°07 ' 30" W 100 53 feet, th N 0°56' W 325.51 feet to the POB. 46 134 05 1915 002 Rosedale Gardens No. 11 Sub N 40 feet of Lot 1915 46 143 99 0010 000 Sec. 36 The S 300 feet of the W 2.50 acres of the E 12 acres of the S 1/2 of the SW 1/4 of Sec. 36, except S 60 feet thereof. 46 144 99 0028 000 Sec. 36 Part of SE 1/4 beginning N 89°41 ' W 1795.11 feet & N 0°04'40" E 535 feet from SE corner Sec. 36, th N 89°41 ' W 154.50 feet, th N 0°04'40" E 95 feet, th S 89°41 ' E 154. 50 feet, th S 0°04'40" W 95 feet to POB, except E 30 feet thereof 46 144 99 0033 000 Sec. 36 That part of the SE 1/4 described as beginning at a point distant N 89°41 ' W 1975.11 feet & N 0°04'40" E 235 feet from SE corner of Sec. 36 & proceed th N 89°41 ' W 236.66 feet, th N 3°07 '53" E 50.06 feet, th S 89°41 ' E 234 feet, th S 0°04'40" W 50 feet to the POB, except the W 40 feet thereof 22556 and immo WHEREAS, the City of Livonia desires to acquire said lands for purposes of urban renewal NOW THEREFORE BE IT RESOLVED that the City of Livonia is authorized to make application to the State of Michigan, Department of Natural Resources, Lands Division for conveyance of said land to the City of Livonia for a nominal fee as set by the Natural Resources Commission, and FURTHER, BE IT RESOLVED that the City of Livonia shall set up necessary procedures and controls to provide for the proper distribution of funds arising from the subsequent sale of the acquired property in conformity with the above mentioned acts. FURTHER, the Council does hereby appropriate and authorize an expenditure not to exceed the sum of $210 from the Unexpended Fund Balance Account for this purpose #539-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated May 5, 1586, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the necessity for the City to have water samples taken and analyzed at the three (3) ibe existing wells at the City's landfill site in order to comply with the requirements set forth in Act 641 , the Council does hereby determine as follows A To authorize the employment of Canton Analytical Laboratory, P.O. Box 1129, 153 Elder Street, Ypsilanti , MI 48197, for the price of $2,775 for the purpose of supplying the City with Sampling and Analysis Services at the City's landfill site for an additional 15 month period, for samples and tests to be provided for each of the three (3) existing monitoring wells on a three-month interval . B. To appropriate and authorize the expenditure of the sum of $2,775 from the Unexpended Fund Balance Account of the Municipal Refuse Account to cover the cost of the above services, and C. To 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 O4.140(D)(5) of the Livonia Code of Ordinances, as amended imm #540-86 WHEREAS, the Rouge River Watershed Basin encompasses the municipalities of Canton Township, Dearborn, Dearborn Heights, Detroit, Garden City, Inkster, Livonia, Melvindale, Northville, 22557 Northville Township, Plymouth, Plymouth Township, Redford Township, Van Buren Township, Wayne and Westland in Wayne County, and WHEREAS, the Rouge River Basin has been designated a Class A area of concern in the Great Lakes Basin by the International Joint Commission, and WHEREAS, the water quality of the Rouge is extremely poor and characterized by proliferation of gross solids, turbidity, odors, low oxygen, contaminated sediments and algae, all of which pose health and safety problems and prevents the enjoyment of this resource by the public, and WHEREAS, the Michigan Water Resource Commission has approved the Rouge River Basin strategy and calls upon all local jurisdictions within the Rouge River Basin to work diligently to implement the strategy and to identify goals and objectives and begin remedial actions to correct water pollution problems in the Rouge River Basin, and WHEREAS, June 7, 1986, has been identified as "Rouge Rescue '86" Day NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia Imw supports "Rouge Rescue '86" Day for the purpose of bringing to the attention of the public the efforts which will be made in cleaning up the Rouge River so the recreational quality of the river can again be enjoyed #541-86 RESOLVED, that having considered a communication from the Livonia Housing Commission dated May 5, 1986, wherein a Silver Village Maintenance appropriation is requested in order to maintain and upgrade kitchen plumbing fixtures and entrance door weatherstripping, the Council does hereby appropriate and authorize the transfer of the sum of $2,000 from the Silver Village Reserve for Maintenance Account No 296-000-386-000-000 to the Silver Village Building Maintenance Account No 296-831-931-000-000 for this purpose. #542-86 RESOLVED, that having considered a communication from the Livonia Housing Commission dated May 5, 1986, wherein it is recommended that the Commission be authorized to prepare specifications and thereafter take competitive sealed bids for the possible purchase of a transportation vehicle utilizing the Senior Citizen Bond Construction Fund in accordance with provisions of law and City Ordinance, the Council does hereby concur in and approve this request in the manner and form herein submitted. #543-86 RESOLVED, that having considered a communication from the Cable Television Commission dated May 16, 1986 which bears the signature of the Director of Finance, is approved by the Director of Community Resources and is approved for submission ti 22558 Lby the Mayor and which transmits their resolution 60-86 wherein it is recommended that the purchase by MetroVision of public access equipment for use by six (6) Livonia parochial schools as listed in the attachment be approved, the Council does hereby concur in and approve of this action in the manner and form herein submitted, including the enhancements associated with learning via TV and video tapes. #544-86 RESOLVED, that having considered a communication from the Mayor dated May 7, 1986 to which is attached a letter from the Senior Alliance dated April 25, 1986, wherein a request is submitted for the payment of local matching funds in the amount of $3,144 with respect to FY 86, the Council does hereby appropriate and authorize the payment of the sum of $3,144 from the Unexpended Fund Balance Account for this purpose. #545-86 RESOLVED, that WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable Imp living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 1986 entitlement funds under the Community Development Block Grant Program as authorized by the Housing and Community Development Act of 1974, as amended, the City of Livonia must submit a statement of Community Development objectives and projected use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate Federal and State laws and Department of housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its final statement of Community Development objectives and projected use of funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important Program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed statement of Community Development objectives and projected use of funds. NOW THEREFORE, BE IT RESOLVED, by the City Council of Livonia, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 1986 Community lim Development Block Grant program as amended, is hereby approved and shall be submitted to the Department of Housing and Urban Development. 22559 160, 1546-86 RESOLVED, that having considered a communication from the City Librarian dated May 20, 1986, approved for submission by the Mayor, wherein it is recommended that all permit fees in connection with the construction of the Civic Center Library be waived, the Council does hereby concur in and approve cf such action. 1547-86 RESOLVED, that having considered a communication from the City Librarian dated May 20, 1986, approved for submission by the Mayor, wherein it is requested that all permit fees with regard to interior renovation projects at Noble and Sandburg Libraries be waived, the Council does hereby concur in and approve of such action. A roll call vote was taken on the foregoing resolutions with the following result: AYES: McCann, Taylor, Bennett, Ochala, McCotter, FeEnstra, Bishop NAYS: None. On a motion by Councilman McCann, seconded by Councilman Bennett, it was 1548-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated May 20, 1986 and submitted pursuant to Council Resolution 61-86 in connection with the question of proposed amendments to the retirement plan ordinance regarding pension benefits for the City Council , the Council does hereby refer this matter to the Department of Law for the preparation of an amendment to Section 2.96.160 of the Livonia Code of Ordinances, in accordance with the proposed amendatory language set forth in Amendment B in a communication from the Department of Law dated January 27, 1986, as modified to include "all salaried elected officials", further, the Department of Law is requested to prepare an amendment to Section 2 96.050(7) in accordance with proposed Amendment G, except as revised to a July 1 , 1986 date, as well as inclusion of a computation on the basis of the average final compersation of the best three years served prior to July 1 , 1986 based upon the Clerk's salary multiplied by years of service added to the average final compensation of the best three years served after July 1 , 1986 based upon the Council 's salary multiplied by the years of service. 22560 Councilman Ochala offered a substitute motion 111. RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated May 20, 1986 and submitted pursuant to Council Resolution 61-86 in connection with the question of a proposed amendment to the retirement plan ordinance regarding pension benefits for the City Council , the Council does hereby refer this item to the Department of Law for the preparation of an ordinance amendment in accordance with the suggested language set forth in proposed Amendment M. The subtitute motion failed for lack of support. A roll call vote was taken on the original resolution with the following result AYES: McCann, Taylor, Bennett, Feenstra, Bishop NAYS: Ochala, McCotter. The President declared the resolution adopted. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 340 OF TITLE 10, CHAPTER 48 (STOPPING, STANDING, PARKING AND LOADING) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Taylor, Bennett, Ochala, McCotter, Feenstra, Bishop NAYS• None The President declared the Ordinance duly adopted and would become effective on publication. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance: 22561 AN ORDINANCE AMENDING SECTION 210 AND REPEALING SECTIONS 220, 230 AND 250 OF, AND ADDING SECTIONS 215 and 245 TO, TITLE 10, CHAPTER 21 (TRAFFIC VIOLATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: McCann, Taylor, Bennett, Ochala, McCotter, Feenstra, Bishop. NAYS: None. The President declared the Ordinance duly adopted and would become official on publication. Councilman Feenstra gave first reading to the following Ordinance• AN ORDINANCE AMENDING SECTION 170 (46) OF CHAPTER 03 (GENERAL LICENSING PROCEDURES) AND SECTIONS 030, 040, 060, 070, 080, 090, 100, 120, 140, 160, 200, 210, 220, and 350, OF AND ADDING SECTION 245 TO CHAPTER 84 (TAXICABS) 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 of the Council . Councilman McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 020 AND ADDING SECTION 025 TO TITLE 9, CHAPTER 54 (TRESPASS) 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. 22562 Councilman McCann invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result AYES McCann, Taylor, Bennett, Ochala, McCotter, Feenstra, Bishop. NAYS: None. The President declared the Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Feenstra, seconded by Councilman McCann, it was #549-86 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 20, 1986, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2721 5/86, the Council does hereby accept the bid of Midwest Pow-R Mole Company, Inc. , R5, Box 843, Angola, Indiana 46703, for supplying the Public Service Division (Water Maintenance Section) with a Hydraulic Pipe Pusher/Puller with Brace Kit for a total price of $ 5,371 .75, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES. McCann, Bennett, Ochala, McCotter, Feenstra, Bishop. NAYS Taylor. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was 22563 1550-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated May 5, 1986 which bears the signature of the Director of Finance, is approved for submission by the Mayor, the Council does hereby accept the bid of Bentley Well Drilling, 21755 Ruth St. , Farmington Hills, Michigan, to construct a test hole for a water well at Whispering Willows Golf Course, at the unit prices bid and for a total estimated price of $2,520, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $2,520 from the proceeds of the Building Authority Bonds which were sold for the new golf course, subject to approval by the Municipal Building Authority, and the City Engineer is hereby authorized to approve minor adjustments in the work as necessary. A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Taylor, Bennett, Ochala, McCotter, Feenstra, Bishop. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 1551-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated May 12, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the employment of an appraiser relative to the acquisition of right-of-way on three (3) parcels of property located at the Northeast corner of Seven Mile and Shadyside, the Council does hereby authorize the employment of Mr. Charles W. Allen, Jr. , MAI, SRPA, to supply the City with the appraisals in question for a sum not to exceed $1 ,200; further, the Council does hereby authorize obtaining title insurance commitments for a sum not to exceed $300, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1 ,500 from the City' s Motor Vehicle Highway Fund receipts for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Taylor, Bennett, Ochala, McCotter, Feenstra, Bishop NAYS: None. 22564 On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #552-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated April 10, 1986, and the report and recommendation of the Chief of Police dated May 13, 1986 in connection therewith, the Council does hereby approve of the request from Lon P. Roarty - Stockholder in Cheers Enterprises, Inc. to transfer stock interest in 1985 Class C-SDM Licensed Business with Dance Permit and Entertainment Permit from Sandra L. Mills, Trustee for Lon P. Roarty Trust to Lon P. Roarty in the amount of 2,500 shares, for a business located at 14950 Middlebelt, Livonia, Michigan, and the Council does hereby request that the aforesaid Entertainment Permit be amended so as to delete "Movies", and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #553-86 RESOLVED, that having considered a communication from the Mayor dated May 23, 1986, and having also considered a communication from the Judges of the 16th District Court dated May 20, 1986, wherein an offer is submitted to donate $25,000 in order to assist the Livonia Historical Society in moving the Alexander Blue House to Greenmead, the Council does, for and on behalf of the City of Livonia, accept the donation of the sum of $25,000 to the General Fund in the manner and form herein submitted, and thereafter, the Council does hereby authorize the transfer of the aforesaid sum to the Historical Society for the express and limited purpose of moving the Alexander Blue House. On a motion by Councilman McCann, seconded by Councilman Taylor, it was #554-86 RESOLVED, that having considered a communication from the Mayor dated May 16, 1986 to which is attached a communication from the Livonia Housing Commission dated May 5, 1986, wherein a salary adjustment is recommended for the Executive Director of the Livonia Housing Commission as follows Current salary Effective 12-1-85 $36,358 Requested adjustment 3,636 22565 L. Adjusted salary Effective 6-1-86 $39,994 the Council does hereby concur and approve of such action A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Taylor, Bennett, Ochala, McCotter, Bishop. NAYS: Feenstra The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #555-86 RESOLVED, that having considered a communiction from the City Planning Commission, dated May 6, 1986, which transmits its resolution 4-92-86 adopted on April 15, 1986, wherein it is recommended that the preliminary plat for the Elliot Industrial Park Subdivision proposed to be located on the west side of Merriman Road, north of the C & 0 Railway in the Northeast 1/4 of Section 27, be approved, the Council does hereby approve of the said preliminary plat subject to receipt of the report and recommendation by the Department of Public Works relative to the development plans and specifications for the improvement therein and the financial assurances guaranteeing the satisfactory installation of such improvements On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #556-86 RESOLVED, that having considered a communication from the City Planning Commission, dated May 7, 1986, which transmits its resolution 4-104-86 adopted on April 29, 1986 with regard to Petition 86-2-2-8, submitted by Red Lobster Restaurants requesting waiver use approval to construct and operate a restaurant on the north side of Plymouth Road, west of Middlebelt Road in Section 26, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 86-2-2-8 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 and based upon a revised landscape plan dated June 4, 1986. A roll call vote was taken on the foregoing resolution with the following result. AYES. Taylor, Bennett, Ochala, McCotter, Bishop. NAYS McCann, Feenstra The President declared the resolution adopted. k 22567 ibe its resolution 4-98-86 adopted on April 15, 1986 with regard to Petition 86-3-8-16, requesting site plan approval in connection with a proposal to construct an addition to an existing restaurant located on the South side of Five Mile Road between Farmington and Civic Center Drive in 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 86-3-8-16 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 McCann, seconded by Councilwoman McCotter, and unanimously adopted, it was #560-86 RESOLVED, that having considered a communication from the City Planning Commission, dated May 22, 1986, which transmits its resolution 5-122-86 adopted on May 13, 1986 with regard to Petition 86-4-2-14, submitted by Robert Gunn requesting waiver use approval to utilize an existing building located on the northeast corner of Joy Road and Harrison in the Southeast 1/4 of Section 36 for a brake and tune-up center, which property is zoned C-2, the Council does hereby concur in the recommendation Irmemade by the Planning Commission and Petition 86-4-2-14 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 Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was 1561-86 RESOLVED, that having considered a communication from the Department of Law dated May 8, 1986, approved for submission by the Mayor, with respect to an Offer to Purchase from the Livonia Public Schools dated May 7, 1986, wherein the school district has offered to purchase 2.05 acres of vacant property located on the East side of Newburgh Road, North of Seven Mile Road, from the City of Livonia, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was 062-86 RESOLVED, that having considered a communication from the Department of Law dated May 14, 1986, approved for submission 22566 lbw On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #557-86 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 1986, which transmits its resolution 4-105-86 adopted on April 29, 1986 with regard to Petition 86-2-2-7, submitted by Red Lobster Restaurants requesting waiver use approval to utilize a Class C Liquor License within a restaurant proposed to be located on the north side of Plymouth Road, west of Middlebelt Road in Section 26, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 86-2-2-7 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 A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Taylor, Bennett, Ochala, McCotter, Bishop. NAYS: Feenstra The President declared the resolution adopted. On a motion by Councilwoman McCotter, seconded by Councilman Feenstra, and unanimously adopted, it was 1558-86 RESOLVED, that having considered a communication from the City Planning Commission, dated May 16, 1986, which transmits its resolution 4-103-86 adopted on April 29, 1986 with regard to Petition 86-2-2-9, submitted by James Scheible, Zaccagni , Galayda, Inc requesting waiver use approval to operate a restaurant on the West side of Farmington Road, between Norfolk and Seven Mile Road in Section 4, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 86-2-2-9 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 Bennett, and unanimously adopted, it was #559-86 RESOLVED, that having considered a communication from the City Planning Commission dated May 6, 1986, which transmits 22568 ibr by the Mayor, with respect to an offer from Salvatore J. and Lucille M Provenzola, 11805 Haller, Livonia, Michigan 48150, dated May 7, 1986, to purchase a vacant lot (formerly 11845 Haller) from the City of Livonia, the Council does hereby authorize the sale of said property to Salvatore J. and Lucille M. Provenzola for a total purchase price in the amount of $8,000, which sale is conditioned upon Mr. Provenzola providing any title work as may be required in connection with the transaction, further, that the sum of $3,718 75 shall be deducted from the foregoing amount in order to pay outstanding special assessments on the subject property plus additional charges which have been incurred by the City, and for this purpose, the Council authorizes the Mayor and City Clerk to execute, for and on behalf of the City of Livonia, a Quit Claim Deed and such other documents as may be necessary to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper legal form such documents as may be necessary to consummate this transaction. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #563-86 RESOLVED, that having considered a communication from the Michigan Municipal League dated May 7, 1986, regarding the annual meeting of the members of the Michigan Municipal League to be held on Mackinac Island, September 18-20, 1986, the Council does hereby designate Mayor Edward H. McNamara, Mayor, as the official Representative, and Fernon P. Feenstra, as the Alternate Representative of the City of Livonia at the aforesaid Michigan Municipal League Meeting, and the City Clerk is hereby requested to transmit a certified copy of this resolution with the attached card to the Michigan Municipal League On a motion by Councilman McCann, seconded by Councilman Feenstra, it was #564-86 WHEREAS, there exists in the City of Livonia (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents, and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation") , and WHEREAS, the Corporation in conformity with Act No 338, Public Acts of Michigan, 1974, as amended ("Act No 338"), has 22569 prepared and submitted a project plan (the "Project Plan"), providing all information and requirements necessary for a project involving the acquisition, construction and equipping of a 52,780 square foot three story medical/office building to be owned and, operated by and for the benefit of Roger M. Ajluni and Rosette Ajluni and located at 17900 Farmington road, Livonia, Michigan (the "Project") , and WHEREAS, in conformity with Act No 338 and the Internal Revenue Code of 1954, as amended (the "Code") , this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds in the maximum aggregate principal amount of not to exceed $3,000,000 proposed therein to be issued by the Corporation to finance all or part of the costs of the Project (the "Bonds") , NOW, THEREFORE, BE IT RESOLVED 1 . The Project Plan, as submitted and approved by the Corporation meets the requirements set forth in Section 8 of Act 338, and is hereby approved 2. The persons who will be active in the management of the Project for not less than one year after approval of the Project Plan have sufficient ability and experience to manage the plan properly. 3. The proposed methods of financing the Project as outlined in the Project Plan are feasible and this Corporation has the ability to arrange, or cause to be arranged, the financing. 4. The Project as submitted is reasonable and necessary to carry out the purposes of Act No. 338, and is hereby approved 5. Issuance by the Corporation of the Bonds in an amount not to exceed $3,000,000, in accordance with the terms set forth in the Project Plan, to finance all or part of the costs of the Project as described herein and in the Project Plan, is hereby approved 6. Based upon the information submitted and obtained, the Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment and strengthen and revitalize the City's economy and, therefore, constitutes a vital and necessary public purpose 7 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the imosame hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result. 22570 AYES: McCann, Taylor, Bennett, McCotter, Feenstra, Bishop. imme NAYS. Ochala. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman McCann, it was #565-86 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Peter A. Basile Sons, Inc. , dated April 2, 1986, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 31 , 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 Peter A. Basile Sons, Inc. , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application LO and said hearing having in fact been conducted at 8 00 P M. , Monday, May 19, 1986 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, Peter A Basile Sons, 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 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Peter A. Basile Sons, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 31 , for ten years. A roll call vote was taken on the foregoing resolution with the following result: LimAYES: McCann, Taylor, Bennett, Feenstra NAYS. Ochala, McCotter, Bishop The President declared the resolution adopted. 22571 On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #566-86 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 270 for the proposed street improvement in Alden Village Subdivision consisting of placing approximately 4" of asphalt on the existing roadways (Alternate IV) in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, May 19, 1986 at 8 00 P M at City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No 270, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll , as corrected, dated April 14, 1986, in the amount of $166,156.26, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , (2) Said Special Assessment Roll No. 270 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) per cent per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10) as possible The first installment shall be due and payable December 1 , 1987 and subsequent installments on December 1st of succeeding years, imp 22572 (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3.08.190. Any property owner assessed may, within sixty (60) days from December 1 , 1986 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1987 City tax roll in the manner required by Section 3.08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1986 and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3.08.220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 15% of the paving costs($24,279 44) and 100% of the drainage costs ($4,293.33) for a total amount of $28,572 77. A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Taylor, Bennett, Ochala, McCotter, Feenstra, Bishop NAYS. None On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #567-86 RESOLVED, that the Council does hereby request that the Traffic Commission install "No Trucks Allowed" signage on Priscilla Lane - Residents Only, further, the Traffic Commission adopt regulations which prohibit right and left turns onto Capitol , Beacon an Boston Post - Residents Only On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was 22573 im• #568-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 25, 1986 which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit prices bid of Thompson McCully Company, 11670 Whitmore Lake Road, Whitmore Lake, Michigan 48189, for the Alden Village Subdivision Street Paving Project (Contract 86-F) for the estimated total cost of $144,483 70, based upon the units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $144,483.70 from the $7.9 Million General Obligation Road Improvement Bond Issue with the provisions that (1 ) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessment at such time as funds are available from a future special assessment bond issue and (2) the Bond Issue be reimbursed for the City' s portion of the project at such time as funds may be available from the next Motor Vehicle Highway Fund Bond Issue, and the City Clerk is hereby authorized to approve minor adjustments in the work as completed, 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 li• to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES McCann, Taylor, Bennett, Ochala, McCotter, Feenstra, Bishop. NAYS. None. On a motion by Councilman McCann, seconded by Councilwoman McCotter, and unanimously adopted, it was #569-86 RESOLVED, that having considered a communication from the City Planning Commission, dated April 2, 1986 which sets forth its resolution 3-70-86 adopted on March 18, 1986 with regard to Petition 86-2-6-1 submitted by the City Planning Commission to amend Section 18.47 of Zoning Ordinance No. 543 by incorporating property located along the I-275 corridor area between Six and Eight Mile Roads, and Haggerty and Newburgh Roads within the control area, and the Council having conducted a public hearing with regard to this matter on May 19, 1986, pursuant to Council Resolution 391-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-2-6-1 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and 22574 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. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #570-86 RESOLVED, that having considered a communication from the City Planning Commission, dated April 16, 1986 which sets forth its resolution 4-84-86 adopted on April 15, 1986 with regard to Petition 86-2-1-10 submitted by the Livonia Mall to rezone property located south of St. Martins between Middlebelt Road and Purlingbrook in the Southeast 1/4 of Section 2 from RUFA and P to P and C-2, and the Council having conducted a public hearing with regard to this matter on May 19, 1986, pursuant to Council Resolution 391-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-2-1-10 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. LoseA roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Taylor, Bennett, Ochala, McCotter, Feenstra, Bishop. NAYS: None. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, it was 1571-86 RESOLVED, that having a communication from the City Planning Commission, dated April 16, 1986 which sets forth its resolution 4-86-86 adopted on April 15, 1986 with regard to Petition 86-3-1-12 submitted by Lidia Veri to rezone property located on the North side of Seven Mile Road, East of Farmington Road in the Southwest 1/4 of Section 3 from R-3A to C-1 and R-7 and R-7 to C-1 , and the Council having conducted a public hearing with regard to this matter on May 19, 1986, pursuant to Council Resolution 391-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86- -1-12 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt ihm of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution. 22575 im. A roll call vote was taken on the foregoing resolution with the following result• AYES McCann, Taylor, Bennett, Ochala, McCotter, Feenstra, Bishop. NAYS None. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #572-86 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation with respect to the proposed installation of a traffic control signal device in the Loveland/Mayfield area on Seven Mile Road On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #573-86 RESOLVED, that having considered a communication dated May 14, 1986, from the Department of Law transmitting for Council acceptance three Grants of Easement and two Quit Claim Deeds, lbw more particularly described as (1 ) Grant of Easement dated April 24, 1986, executed by Bill W Weatherford, General Partner of B2-Livonia Limited Partnership, a Michigan Limited Partnership, for. A 12 foot wide easement for storm sewer described as A parcel of land situated in the Southeast 1/4 of Section 26, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89 degrees 58'59" East, 929 69 feet and North 00 degrees 01 '01 " East, 60 00 feet from the South 1/4 corner of said Section 26, said point being on the North right-of-way line of Plymouth Road (120 feet wide), and proceeding thence North 00 degrees 01 ' 01 " East, 134 01 feet, thence North 45 degrees 20' 35" West, 37.95 feet, thence North 00 degrees 01 '01 " East, 16.86 feet, thence South 45 degrees 20'35" East, 54.81 feet, thence South 00 degrees 01 '01 " West, 139.03 feet, thence North 89 degrees 58'59" West, 12.00 feet to the point of beginning. AND ifts (2) Grant of Easement dated April 24, 1986, executed by Bill W. Weatherford, General Partner of B2 - Livonia 22576 LLimited Partnership, a Michigan Limited Partnership, for: A 19 foot wide easement for sanitary sewer described as A parcel of land situated in the Southeast 1/4 of Section 26, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89 degrees 58'59" East, 797.69 feet and North 00 degrees 01 '01 " East, 60.00 feet from the South 1/4 corner of said Section 26, said point being on the North right-of-way line of Plymouth Road (120 feet wide); and proceeding thence North 00 degrees 01 '01 " East, 192.69 feet, thence South 45 degrees 2035" East, 26.70 feet, thence South 00 degrees 01 '01 " West, 173.92 feet, thence North 89 degrees 58'59" West, 19.00 feet to the point of beginning. AND (3) Grant of Easement dated April 24, 1986, executed by Bill W. Weatherford, General Partner of B2 - Livonia Limited Partnership, a Michigan Limited Partnership, for: IwoA 12 foot wide easement for water main described as: A parcel of land situated in the Southeast 1/4 of Section 26, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89 degrees 58' 59" East, 902.69 feet and North 00 degrees 01 '01 " East, 60.00 feet from the South 1/4 corner of said Section 26, said point being on the North right-of-way line of Plymouth Road (120 feet wide); proceeding thence North 00 degrees 01 '01 " East, 173.32 feet; thence North 45 degrees 20'35" West, 265.99 feet, thence North 00 degrees 20' 35" West, 509.79 feet, thence South 89 degrees 58'59" East, 12.00 feet, thence South 00 degrees 20'35" East, 504.74 feet; thence South 45 degrees 20'35" East, 266.04 feet, thence South 00 degrees 01 '01 " West, 178.34 feet, thence North 89 degrees 58'59" West, 12 00 feet to the point of beginning. AND (4) Quit Claim Deed dated April 24, 1986, executed by Bill W. Weatherford, General Partner of B2 - Livonia Limited Iwo Partnership, a Michigan Limited Partnership, for: 22577 Iwo Part of the S E. 1/4 of Section 26, T 1S , R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 89°58'59" E , along the South line of said Section 26, 816 69 feet and N 0°01 '01 " E. , 60.00 feet from the South 1/4 corner of said Section 26, said point being on the North line of Plymouth Road (120 feet wide) and proceeding thence N. 00°01 '01 " E , 173.92 feet, thence N 45°20'35" W. , 229.23 feet, thence N. 00°20'35" W. , 535.02 fet, thence S. 89°58'59" E. , 60.00 feet thence S. 00°20'35" E. , 509.79 feet, thence S. 45°20'35" E. , 265.99 feet, thence S. 00°01 '01 " W , 173.32 feet, thence N 89°58'59" W , 86.00 feet to the point of beginning (Tech Center Drive Right-of-Way) AND (5) Quit Claim Deed dated April 24, 1986, executed by Bill W. Weatherford, General Partner of B2 - Livonia Limited Partnership, a Michigan Limited Partnership, for Part of the S.E. 1/4 of Section 26, T.1S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 89°58'59" E. , along the South line of said Section 26, 656.07 feet, proceeding thence N. 0°20'35" W. , 60 00 feet; thence S. 89°58'59" E. along the North line of Plymouth Road (120 feet wide), 656.19 feet, thence S 0°13'52" E. , 60.00 feet to the said South line of Section 26, thence N. 89°58'59" W , along said line 656 07 feet, to the point of beginning. (Plymouth Road right-of-way) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and Quit Claim Deeds 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 McCann, and unanimously adopted, it was #574-86 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 475-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was 22578 #575-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated May 28, 1986, with regard to a communication from the Personnel Director dated M ay 27, 1986, approved by the Director of Finance and approved by the Mayor, which transmits resolutions adopted by the Civil Service Commission on April 24, 1986 and May 21 , 1986 wherein salary and benefit adjustments have been recommended for the Police Chief, the Deputy Police Chief and the Fire Chief, effective December 1 , 1985, the Council does hereby concur in and approve of the recommended action in the manner and form herein submitted. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #576-86 RESOLVED, that the Council does hereby request that the Civil Service Commission submit its report and recommendation on a proposal to retain the classification of Police Captain. A roll call vote was taken on the foregoing resolution with the following result AYES. Bennett, Ochala, McCotter, Feenstra. NAYS: McCann, Taylor, Bishop. The President declared the resolution adopted On a motion by Councilman McCann, seconded by Councilman Feenstra, it was #577-86 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia comprised of an area of approximately 3.2 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 37", and WHEREAS, written notice has been given by certified mail to Lyon Manufacturing, Inc of the Council 's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Developnent District No. 37, and 22579 WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 37, and WHEREAS, on Monday, June 2, 1986 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 37, at which time Lyon Manufacturing, Inc. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ) , and a representative of Lyon Manufacturing, Inc attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 1 . An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 37. " EXHIBIT A Part of Lot 41 beginning North 89 degrees 28 minutes 00 Seconds West 15 feet from Northeast corner Lot 41 , thence North 89 degrees 28 minutes 00 seconds West 419.93 feet; thence South 00 degrees 19 minutes 00 seconds West 295 92 feet; thence South 75 degrees 39 minutes 38 seconds East 387.49 feet, thence North 06 degrees 46 minutes 57 seconds South 390 73 feet to point of beginning, Schoolcraft Manor Subdivision No. 2, Town 1 South, Range 9 East, as recorded in Liber 69 of Plats, Page 57, Wayne County Records. A roll call vote was taken on the foregoing resolution with the following result, AYES; McCann, Taylor, Bennett, McCotter, Feenstra, Bishop. NAYS Ochala. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was lbw #578-86 RESOLVED, that having considered letters from Merrill D. Thomas and Helen M. Thomas, 31709 West Chicago, Livonia, Michigan, dated May 21 , 1986, and a letter from Charles F. Walker, 22580 imi 9615 Berwick, Livonia, Michigan 48150, received by the office of the City Clerk on May 28, 1986, and a letter from Mr. Dennis Witte, 31705 West Chicago, Livonia, Michigan 48150, dated May 6, 1986, all of which are submitted in opposition to the use of Community Development Block Grant Funds for the rehabilitation of, and thereafter the rental as low income housing of the home located at 31736 West Chicago, Livonia, Michigan 48150, 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 McCann, Taylor, Ochala, McCotter, Feenstra, Bishop NAYS: Bennett. The President declared the resolution adopted Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN lip AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 85-12-1-40) 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 of the Council . On a motion by Councilman Bennett, seconded by Councilman Ochala, and unanimously adopted, it was #579-86 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, July 14, 1986 at 7:30 P.M. at 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item % 22581 Lb, Petition 86-4-1-14 submitted by Alan Helmkanp for Warren Real Estate Group to rezone property located on the north side of Joy Road between Stonehouse and Newburgh in the Southeast 1/4 of Section 31 from R-1 to R-7, the City Planning Commission in its resolution 5-137-86 having recommended to the City Council that Petition 86-4-1-14 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by 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 do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #580-86 RESOLVED, that the Council does hereby revise and amend Council Resolution 270-86 so as to have the same read as follows: (4) That the finished floor elevation for the first floor shall be lowered 2' below the elevation of Curtis Road at the centerline, which elevation is determined to be 673' above sea level , which will lower the overall height of the building by 2' , the maximum building height from grade will then be 33' instead of 35' , On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, this 1081st Regular Meeting of the Council of the City of Livonia was duly adjourned at 9 05 P M. , June 4, 1986. 'e141.°1114 Rbbert F. Nash, City Clerk