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HomeMy WebLinkAboutCOUNCIL MINUTES 1986-03-12 22327 MINUTES OF THE ONE THOUSAND AND SEVENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 12, 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 15 P M Councilman McCann delivered the invocation Roll was called with the following result Robert R Bishop, Fernon P Feenstra, Robert E McCann, Gerald Taylor, Robert D Bennett and Ron Ochala, absent -- Joan McCotter Elected and appointed officials present Edward H McNamara, Mayor, Robert F. Nash, City Clerk, Harry Tatigian, City Attorney, John Nagy, Planning Director, G E. Siemert, City Engineer, Russell A Gronevelt, Director of Public Works, William E Crayk, Chief of Police, Ron Mardiros, City Assessor, Suzanne Wisler, Director of Community Resources, Marilyn Kazmer, Director of Legislative Affairs, James Inglis, Director of Housing, Edith Davis, Personnel Director, Robert F Biga, Labor Relations Director, Joan Duggan, Executive Assistant to the Mayor, Thomas Carey and Patricia Smith of the Traffic Commission, Hugh P O'Neill , Zoning Board of Appeals, Carlton R. Smith, Planning Commission and William DuBose, Equipment Service Manager. By Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #211-86 RESOLVED, that the minutes of the 1 ,074th Regular Meeting of the Council of the City of Livonia, held February 26, 1986, are hereby approved A communication from the Department of Law dated February 24, 1986 re Karem Salem v City of Livonia, Edward McNamara, Mayor of the City of Livonia, William Crayk, im• Chief of Police of the City of Livonia and Ladbroke Racing Corporation, a Michigan 22328 Corporation, Wayne County Circuit Court Case No 85-508988 CZ was received and placed on file for the information of the Council A communication from the Personnel Director dated March 4, 1986 re Approval of the Tentative Agreement Between the City of Livonia and the Livonia Lieutenants and Sergeants Association was received and placed on file for the information of the Council The following resolutions were offered by Councilman Feenstra, and seconded by Councilman McCann. #212-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 13, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Red Holman Pontiac Co. , 35300 Ford Road, Westland, Michigan 48185, for supplying the Public Service Division (Equipment Maintenance Section) with a 1986 Step Van with 12' Aluminum Body for a net price of $17,353.62, based on a total price of $18,353 62 less trade-in of $1 ,000, the same having been in fact the lowest bid received and meets all specifications #213-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 14, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Fleet Body Engineering Co , 7830 Beech Daly Road, P.O. Box 398, Taylor, Michigan 48180, for supplying the Public Service Division (Equipment Maintenance Section) with a 5-7 Yard Dump Body and Hoist for a total price of $4,533, the same having been in fact the lowest bid received and meets all specifications #214-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 14, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Fleet Body Engineering Co. , 7830 Beech Daly Road, P.O Box 398, Taylor, Michigan 48180, for supplying the Public Service Division (Equipment Maintenance Section) with a 10-12 Yard Dump Body and Hoist for a total price of $5,200, the same having been in fact the lowest bid received and meets all specifications 1215-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 21 , 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Auto Truck Service Equipment Co. , 327 Lansing Road, Potterville, 22329 Michigan 48876, for supplying the Public Service Division (Equipment Maintenance Section) with two (2) Truck Hydraulic Systems, two (2) Front Snowplow Hitches, two (2) Underbody Snow Blades, and two (2) Salt Spreaders for a total price of $22,944, including installation, the same having been in fact the lowest bid received and meets all specifications #216-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 24, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Tom Holzer Ford, Inc , 39300 W Ten Mile Road, Farmington Hills, Michigan 48018, for supplying the Public Service Division (Equipment Maintenance Section) with a one (1 ) ton Stake Truck for a net price of $13,356 based on a total price of $13,506 less trade-in of $150, the same having been in fact the lowest bid received which meets all specifications (and the bid of Red Holman Pontiac GMC is hereby rejected for the reasons indicated in the attachments) #217-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 21 , 1986 which bears the signatures of the Director of Community Resources, Planning Director and Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Dick Scott Dodge, Inc , 684 W Ann Arbor Road, Plymouth, Michigan 48170 for supplying the Department of Community Resources with a 12 Passenger Sport Van for a total price of $14,738 10, the same having been in fact the lowest bid received which meets all specifications (and the bid of Red Holman Pontiac GMC is hereby rejected for the reasons indicated in the attachment). #218-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 25, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Jerry Bielfield Company, 8333 Michigan Avenue, Detroit, Michigan 48210, for supplying the Public Service Division (Equipment Maintenance Section) with a Cab and Chassis - Single Axle for a net price of $30,193 42 based on a total price of $30,543.42 less trade-in of $350, the same having been in fact the lowest bid received which meets all specifications (and the bids of Stark Hickey West and Tri-County International Trucks, Inc are hereby rejected for the reasons indicated in the attachment) #219-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 25, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Jerry Bielfield Company, 8333 Michigan Avenue, Detroit, Michigan 22330 imp48210, for supplying the Public Service Division (Equipment Maintenance Section) with a Cab and Chassis - Tandem Axle for a net price of $34,909 41 , based on a total price of $35,259.41 less trade-in of $350, the same having been in fact the lowest bid received which meets all specifications (and the bid of Stark Hickey West is hereby rejected for the reasons indicated in the attachments). #220-86 RESOLVED, that having considered a communication from the Water and Sewer Board dated February 26, 1986, approved by the Director of Finance and approved for submission by the Mayor and which transmits its resolution WS 2713 2/86, the Council does hereby accept the bid of Fleet Body Engineering Co. , 7830 Beech Daly Road, P.0 Box 398, Taylor, Michigan 48180, for supplying the Public Service Division (Water Maintenance Section) with two (2) 10-12 Yard Dump Bodies and Hoists with controls for a total price of $12,916, the same having been in fact the lowest bid received and meets all specifications #221-86 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board dated February 26, 1986, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2714 2/86, the Council does hereby accept the bid of Kozak Chevrolet, Inc , 12330 Joseph Campau, Detroit, Michigan 48212 for supplying the Public Service Division (Water Maintenance Section) with two (2) Cab and Chassis - Tandem Axle for a net price of $70,000, based on a total price of $75,700 less trade-ins of $5,700, the same having been in fact the lowest bid received which meets specifications (and the bid of Red Holman Pontiac GMC is hereby rejected for the reasons indicated in the attachment) #222-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 17, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize payment in the amount of $14,475.90 to B & V Construction, Inc , 25301 Novi Road, P 0 Box 695, Novi , Michigan 48050-0695, for employment as an outside contractor to assist Road Maintenance personnel in a City-wide effort to plow snow from all City streets on February 7-8, 1986, and the action herein taken is 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 1 of the Livonia Code of Ordinances, as amended #223-86 RESOLVED, that having considered a communication from 110, the Mayor dated February 24, 1986 with regard to a request from Mr. James A Creed, Treasurer of the Monaghan Council Senior Citizens, 19801 Farmington Road, Livonia, Michigan 48152, for recommendation as a worthy non-profit organization in the City 22331 of Livonia, the Council takes this means to indicate that the said organization is a worthy non-profit organization in the City of Livonia, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Bureau of State Lottery, Charitable Gaming Division, Box 30023, 6545 Mercantile Way, Lansing, Michigan 48909, as well as to do all other things necessary or incidental to the full performance of this resolution #224-86 RESOLVED, that having considered a letter from Mr Michael W Stevenson, 29840 Glenwood, Inkster, Michigan 48141 , dated February 23, 1986, wherein a claim is submitted in the amount of $53 17 for damage allegedly caused to Mr Stevenson' s vehicle on January 15, 1986 as a result of the condition of the roadway at or near the interesection of Newburgh Road and Hines Drive, the Council does hereby determine to deny this claim and to take no further action at this time #225-86 RESOLVED, that having considered a petition signed by certain property owners on St Martins, west of Newburgh Road in the City of Livonia dated January 30, 1986, wherein a request is submitted for the City to provide water service to this area, the Council does hereby refer this request to the Water and Sewer Board for its report and recommendation #226-86 RESOLVED, that having considered the report and recommendation of the Director of Finance dated February 19, 1986, approved for submission by the Mayor, with regard to legal fees and costs incurred in connection with the defense provided by the firm of Shoup, Hayduk, Dawson, Andrews & Hypnar, P C. , Attorneys at Law, in the case of Maynes V City of Livonia, et al , the Council does hereby authorize the payment of the attorney's bill in the amount of $2,240 55, deposition cost of $238 to Hamilton, Legato & Associates and $133 15 to Simmons Court Reporting in the manner and form herein submitted #227-86 RESOLVED, that having considered a letter from the Chairman of the Heritage Fair, Livonia Historical Society, dated February 20, 1986, wherein a request is submitted for authorization for the First Pennsylvania Regiment and the "Buckskins" to set up campsites on Saturday and camp on the grounds on Saturday night, on May 31 , 1986, in connection with the Heritage Fair to be conducted at Greenmead on Sunday, June 1 , 1986, and wherein a request is also submitted for a waiver of transient merchants licenses for craft booths which will be located on the grounds for Fair day, the Council does hereby grant and approve this request in the manner and form herein submitted, further, in the event of inclement weather on June 1 , 1986, the permission herein granted shall be applicable to conducting the Fair on June 8, 1986, and to establishing the campsites on the Saturday imp preceding, June 7, 1986, further, the Council does hereby request that the Mayor submit a report and recommendation with respect to the costs and fees involved in providing Auxiliary Police for traffic control on fair Day 22332 1228-86 RESOLVED, that having considered a communication from the Executive Director of the Livonia Housing Commission dated February 21 , 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase and installation of Computer Equipment from IBM and Midwest Business Systems in the manner and form detailed in the attachment for a sum not to exceed $6,000, the same to be appropriated and expended from the Unexpended Silver Village Fund Balance Account for this purpose, further, 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 #229-86 RESOLVED, that having considered a communication from the Acting Chief of Police dated February 5, 1986, approved for submission by the Mayor and submitted pursuant to Council Resolution 1072-85 in connection with a communication from Therapeutic Transportation Services, Inc. , P 0 Box 51232, Livonia, Michigan 48151 , dated November 20, 1985, requesting approval to operate a motor vehicle for hire in the City of Livonia, the Council does hereby refer this item to the Department of Law Imp for the preparation of an appropriate ordinance amendment to the Livonia Code of Ordinances, as amended, the purpose of which is to implement this request 1230-86 RESOLVED, that having considered the report and recommendation of the Chief of Police dated February 18, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby reject all bids received on February 10, 1986 with regard to the proposed purchase of a Police Special Purpose Van, the action herein being taken for the reasons indicated in the aforesaid communication, further, the Council does hereby request that new specifications be prepared and thereafter competitive bids be taken in accordance with provisions of law and City Charter with respect to this item #231-86 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) , dated February 10, 1986, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, and submitted pursuant to Section 13d(1 ) of Act 51 , of the Public Acts of Michigan of 1951 , as amended M.S.A 9 1097 (13) with regard to the transfer of funds for the fiscal years 1984-85 and 1985-86 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the Iwo transfer of a sum up to, but not to exceed, 25% of the amount designated for Major Street System to be used on the Local Street System, and the City Clerk and the Director of Finance are hereby 22333 authorized to do all things necessary or incidental to fulfill the purpose of this resolution #232-86 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) dated February 10, 1986, which bears the signature of the Director of Finance, approved for submission by the Mayor and submitted pursuant to Section 13d(2) Act 51 of the Public Acts of Michigan of 1951 , as amended M S.A 9 1097 (13) with regard to the transfer of funds for the fiscal year of 1984-85 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $505,900 00 from those funds designated for use on the major street system to be used on the local street system, and the City Clerk and Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #233-86 WHEREAS, it appears that Cavell Avenue adjacent to Bureau of Taxation Parcel Nos 24H1 and 24H2 in the N.E 1/4 of Section 24, has been used as a road to a width of sixty (60) feet by the public for upwards of ten (10) years, and that the same has received maintenance at public expense by the City of Livonia, and WHEREAS, it is provided by MCLA 221 20 that "all roads that shall have been used as such for 10 years or more, whether any record or other proof exists that they were ever established as highways or not shall be deemed public highways" and it has been ruled by the Michigan Supreme Court that "a highway by user becomes such to the width and extent used", NOW, THEREFORE, BE IT RESOLVED that Cavell Avenue adjacent to Bureau of Taxation Parcel Nos 24H1 and 24H2, is hereby officially incorporated into the public street system of the City of Livonia, and the City Clerk is instructed to send copies of this resolution to the Wayne County Bureau of Taxation, the City Treasurer and the City Assessor A communication from the Chairman of the Livonia Traffic Commission dated February 20, 1986 re CR 54-86 - Request to Submit Report and Recommendation as to Whether or Not a 3-Way Stop is Warranted at Howell/Cavell was received and placed on file for the information of the Council 1234-86 RESOLVED, that having considered a communication from the Department of Law dated February 10, 1986, approved for ibrosubmission by the Mayor, to which is attached a proposed ordinance amendment which purports to add a chapter to be known and cited as the Code Enforcement Ordinance, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. 22334 iim #235-86 WHEREAS, the Wayne County Department of Parks and Recreation 's General Fund Appropriation for 1986 was reduced $500,000 from 1985, and WHEREAS, the Department of Parks and Recreation, under the County reorganization, has begun to bring the Wayne County Park System back to the condition that it was in in previous years, and WHEREAS, the activity in the Parks, Golf Course, and Marina has increased dramatically, and WHEREAS, the families of Wayne County have started enjoying the Wayne County Parks again, and WHEREAS, the quality of these Parks affects the people who live, work and play in Wayne County, and THEREFORE, due to the apparent demands on the Wayne County General Fund Budget, the County Executive and the Board of Commissioners consider creating a Blue Ribbon Task Force of interested people from Wayne County to study and make recommendations on possible alternate ways to fund the Wayne iftb County Park System, and WHEREAS, by conducting this study and making recommendations, the quality of the Wayne County Park System could be enhanced and better serve the residents of Wayne County NOW, THEREFORE, on this 12th day of March, 1986, this Resolution is adopted. #236-86 WHEREAS, the City of Livonia has received a request from Tooling & Equipment International , dated February 12, 1986, which submits an application proposing the establishment of an industrial development district, and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 2 94 acres lying in the Southeast 1/4 of Section 28 as more particularly described in the attachment to the application which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 36", ibm 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 36 22335 ibm2 This City Council sets Monday, April 7, 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. #237-86 RESOLVED, that having considered a communication dated February 26, 1986 from Jack Berman of Berman, Brand & Goodman, P C. , Attorneys and Counselors at Law, representing Nazar and Emod Mesi which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on February 18, 1986 by the City Planning Commission in its resolution 2-42-86 with regard to Petition 86-1-2-2 submitted by Nazar and Emod Mesi requesting waiver use approval to utilize an SDM License within an existing party store located on the northeast corner of Joy Road and ibe Cardwell Avenue in the Southeast 1/4 of Section 36, the Council does hereby designate Monday, April 7, 1986 at 8 00 P M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia 1238-86 RESOLVED, that having considered a communication dated February 21 , 1986 from John Carney which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on February 18, 1986 by the City Planning Commission in its resolution 2-43-86 with regard to Petition 86-1-2-3 submitted by John Carney requesting waiver use approval to utilize an SDM License within a building proposed to be constructed on the south side of Plymouth Road between Jarvis and Newburgh Road in the Southeast 1/4 of Section 30, the Council does hereby designate Monday, April 7, 1986 at 8 00 P M as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at iwo the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of 22336 such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result AYES McCann, Taylor, Bennett, Ochala, Feenstra, Bishop NAYS. None On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #239-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 24, 1986 and submitted pursuant to Council Resolution 944-84 in connection with a communication from the Mayor dated October 24, 1984, wherein a recommendation is submitted from the Fire Chief dated October 15, 1984 in connection with the proposed sale of the fire station site on Newburgh, south of Six Mile Road, the Council does, in accordance with Section 23 01 (a) of Zoning Ordinance 543, request that the City Planning Commission, on its own motion, initiate a petition for the proposed rezoning of the City-owned Fire Station Site located on the West side of Newburgh Road, South of Six Mile Road, from P L to P.S On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #240-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 24, 1986 and submitted pursuant to Council Resolution 944-84 in connection with a communication from the Mayor dated October 24, 1984, wherein a recommendation is submitted from the Fire Chief dated October 15, 1984 in connection with the proposed sale of the fire station site on Newburgh, South of Six Mile Road, the Council does hereby request that the Director of Finance advertise and thereafter take competitive bids for the proposed sale of the City-owned Fire Station Site located on the West side of Newburgh Road, South of Six Mile Road in accordance with provisions of law and City Ordinance 22337 L A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Bennett, Ochala, Feenstra, Bishop NAYS McCann The President declared the resolution adopted On a motion by Councilman Bennett, adopted by Councilman Taylor, and unanimously adopted, it was #241-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 24, 1986 and submitted pursuant to Council Resolution 662-84 in connection with a communication from the Mayor, dated July 16, 1984, to which is attached a letter from the President of Greenfield Construction Company, Inc dated July 11 , 1984, wherein an interest is indicated in the proposed purchase of the fire station site located on the west side of Newburgh Road, south of Six Mile Road, the Council does hereby determine to reject this offer at this time LOn a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #242-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 24, 1986 and submitted pursuant to Council Resolution 12-85 in connection with a communication from the Department of Law dated December 7, 1984, approved for submission by the Mayor, to which is attached a letter of intent dated December 6, 1984 from Peter H Ventura for the purchase of the Fire Station Site at Six Mile and Newburgh Roads, the Council does hereby determine to reject this offer at this time. A communication from the City Engineer, dated January 8, 1985, re Change of Zoning Petition No 84-1-1-2 (Helman Park Site) Council Resolution No 966-84 was received and placed on file for the information of the Council On a motion by Councilman Feenstra, seconded by Councilman Bennett, and L. unanimously adopted, it was #243-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 24, 1986 and submitted pursuant to Council Resolution 966-84 in 22338 connection with a communication from the City Planning Commission, dated September 11 , 1984, which sets forth its resolution 8-184-84 adopted on August 28, 1984 with regard to Petition 84-1-1-2 submitted by the City Planning Commission for a change of zoning on property located north of Six Mile Road, east of Wayne Road in the Southwest 1/4 of Section 9 from P.L. to R-4B, and the Council having conducted a public hearing with regard to this matter on October 30, 1984, pursuant to Council Resolution 787-84, the Council does hereby determine to take no further action. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 1244-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 24, 1986 and submitted pursuant to Council Resolution 1083-85 in connection with a communication from the City Planning Commission, dated September 30, 1985, which sets forth its resolution 9-205-85 adopted on September 24, 1985, with regard to Petition 85-8-1-21 , submitted by Joseph and Esther Crenshaw to rezone property located north of Seven Mile Road between Middlebelt and Inkster Roads in the Southeast1/4 of Section 1 from C-1 and R-1 to C-2, and the Council having conducted a public hearing with regard to L. this matter on November 18, 1985, pursuant to Council Resolution 901-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-8-1-21 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 A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Taylor, Bennett, Ochala, Feenstra, Bishop. NAYS. None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #245-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 24, 1986 and submitted pursuant to Council Resolution 1083-85, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation in accordance with provisions of Law and City 22335 Ordinance with respect to the proposed vacating of St Francis (undeveloped) , North of Seven Mile and the alley West of St Francis (undeveloped), North of Seven Mile Road. Councilman Taylor took from the table, for second reading and adoption, the following ordinance AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 85-9-1-26) A roll call vote was taken on the foregoing Ordinance with the following result AYES McCann, Taylor, Bennett, Ochala, Feenstra, Bishop NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance- AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 85-9-1-27) A roll call vote was taken on the foregoing Ordinance with the following result AYES McCann, Taylor, Bennett, Ochala, Feenstra, Bishop NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Bennett took from the table, for second reading and adoption, the following Ordinance 22340 AN ORDINANCE AMENDING SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 85-10-1-30) A roll call vote was taken on the foregoing Ordinance with the following result AYES McCann, Taylor, Bennett, Ochala, Feenstra, Bishop NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Feenstra gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 85-10-3-8) 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 Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 85-11-3-9) 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 Bennett gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 5, CHAPTER 6 (ALARM SYSTEMS AND DEVICES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 22341 L The foregoing Ordinance, when adopted, is filed in the Journal of Drdinances in the QfficE of the City Clerk and is the same as if word for word repeated hergin. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . On a motion by Councilman Taylor, seconded by Councilman McCann, it was #246-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 21 , 1986 which bears the signature of the Director of Finance and is approved for submission by the Mayor with regard to the acceptance of the bid of Mountain Top/Green Ridge Tree Service Co , 7528 Chubb Road, Northville, Michigan 48187, in connection with the City's 1986 Tree and Stump Removal Program pursuant to Council Resolution 79-86, adopted on January 29, 1986, the Council does hereby rescind and repeal Council Resolution 79-86 for the reasons indicated in the aforesaid communication, further, the Council does hereby determine to reject the bids submitted by the Director of Public Works in letters dated January 7, 1986 and January 24, 1986 with regard to the City's 1986 Tree and L Stump RemOVal PrVgram fOr the redsOns indicated in thg aforesaid communication from the Director of Public Works dated February 21 , 1988; and the Council does hereby authorize the Forestry Section of the Public Service Division to perform the work required with respect to the 1986 Tree and Stump Removal Program and does for this purpose authorize the transfer of the sum of $22,775 from Account 101-781-712-020 to Account 101-781-709 000.000 A roll call vote was taken on the foregoing resolution with the following result AYES` McCann, Taylor, Bishop, Ochala. NAYS` Feenstra, Bishop The President declared the resolution adopted. On a motion by Councilman Feenstra , seconded by Councilman Taylor, and unanimously adopted, it was #247~86 RESOLVED, that having considered a communication from the City Engineer, dated February 17, 1986, approved for submission by the Mayor, to which is attached a list of sidewalks requiring repair and/or replacement within (1 ) the Livonia Gardens L SubdiVisi0n No. 2 (E. 1/2 of the N.E. 1/4 of Section 22) , (2) 22342 scattered locations throughout Sections 34, 35 and 36, and (3) miscellaneous locations throughout the City of Livonia, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to repair or to remove and replace sidewalks at such premises, to carry out the provisions of this resolution which is made pursuant to Title 12, Chapter 4, Section 340 of the Livonia Code of Ordinances, as amended FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalks repairs or removal and replacement work no later than June 1 , 1986, after which date the Engineering & Building Department shall arrange for the reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the removal and replacement of various sections of sidewalks and crosswalks at locations indicated on the list attached to the City Engineer's communication inasmuch as the same are the City's responsibility, and FURTHER, the Engineering & Building Department is hereby authorized to finalize plans and specifications and arrange for the taking of bids for the 1986 Miscellaneous Sidewalks Repair Program, which program will include all required work which has not been completed by private property owners by June 1 , 1986 On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #248-86 RESOLVED, that having considered a communication from the Livonia Community Credit Union dated February 13, 1986, which requests renewal of the agreement between the City of Livonia and the said Livonia Community Credit Union of the deferred compensation plan previously authorized in Council Resolution 136-81 , which new agreement would include certain substantive changes as detailed in the aforesaid communication and in the attachments thereto, the Council does hereby request that the Director of Finance and the City Attorney submit their respective reports and recommendations with respect to this item, further, the Council does hereby authorize the continuation of the existing agreement between the City of Livonia and the Livonia Community Credit Union on a day-to-day basis until further action of the Council . On a motion by Councilman Feenstra, seconded by Councilman McCann, it was #249-86 RESOLVED, that having considered the report and recommendation of the Director of Finance dated February 10, 1986, approved for submission by the Mayor, to which is attached a membership notice from the Southeast Michigan Council of Governments (SEMCOG), with respect to the annual contribution 22343 to be paid by the City of Livonia to SEMCOG for the year January 1 , 1986 in the amount of $8,770, the Council does hereby approve and authorize the payment of the said annual contribution from funds previously budgeted for this purpose A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Taylor, Ochala, Feenstra, Bishop NAYS: Bennett. The President declared the resolution adopted. On a motion by Councilman McCann, seconded by Councilman Feenstra, and unanimously adopted, it was #250-86 RESOLVED, that having considered a communication from the City Treasurer dated February 17, 1986 with regard to the proposed cancellation of certain 1978 personal property taxes, the Council does hereby authorize the City Treasurer to petition the Circuit Court for the County of Wayne to cancel the said 1978 personal property taxes in accordance with provisions of state statute, and the Department of Law is hereby requested to institute the aforesaid litigation in the manner and form herein authorized. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #251-86 RESOLVED, that having considered a communication from the City Assessor, dated February 3, 1986, approved for submission by the Mayor, with regard to a request from Mr. Allen R. Lemieux, 15606 Stamford, Livonia, Michigan 48154, 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 determine to deny the request for combining the dividing Lots 421 and 422 of Coventry Gardens Subdivision (Tax Item No 46 064 01 0421 000) into two (2) parcels since the same would be in violation of the City' s Zoning Ordinance and Law. On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was 22344 low #252-86 RESOLVED, that having considered a communication from the Executive Director of the Livonia Housing Commission dated February 4, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $3,300 from the Livonia Housing Commission, the same having been monies earned from overseeing the contributions contract at Brashear Towers and which amount is thereafter authorized to be transferred from Account 296-831-701-000-000 to Account 296-000-698-000-000 in order to provide funds required to cover commissioners' compensation expenses On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #253-86 RESOLVED, that the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation the matter of the Title of Executive Director of the Livonia Housing Commission On a motion by Councilman McCann, seconded by Councilman Taylor, and lio unanimously adopted, it was #254-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated January 10, 1986, and the report and recommendation of the Chief of Police dated February 13, 1986 in connection therewith, the Council does hereby approve of the request from Marvin Chin for a change of status of a 1985 Class C Licensed Business with Sunday Sales Permit & Official Permit (Food) to Chin's Restaurant, Inc , which business is located at 28205 Plymouth Road, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #255-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated January 7, 1986, and the report and recommendation of the Chief of Police dated February 13, 1986 in connection therewith, the Council does hereby approve of a request from G M & S. Roast Beef & Spirits, Inc for dropping Michael Neiman and Guerrino Crocenzi as stockholders in 1985 lbw Class C Licensed Business with Official Permit (Food) located at 36685 Plymouth Road, Livonia, Michigan, Wayne County, through sale of all stock to existing stockholder Severo Chemillo, and 22345 imm 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 Ochala, and unanimously adopted, it was #256-86 RESOLVED, that having considered a communication from the Traffic Commission dated February 20, 1986 and submitted pursuant to Council Resolution 1071-85 with respect to the proposed installation of three 2-way stop signs for North and South bound traffic on Angling at Long, and a status report with regard to the completion of work authorized in Council Resolution 841-85, and a report and recommendation with regard to the placement of additional stop signs, yield signs, flashing lights, etc. , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman McCann, seconded by Councilman Ochala, it was #257-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 14, 1986, approved for submission by the Mayor, the Council does hereby amend Item #8 of Council Resolution 728-78, adopted on August 16, 1978 and subsequently amended by Council Resolutions 1027-78, 95-79, 424-79, 1041-80, 284-82, 460-82, 832-82, 46-84 and 25-85, so as to reduce the financial assurances now on deposit with the City for sidewalks in the Quakertown Subdivision No 1 , located in the N W 1/4 of Section 19 to $9,000, of which $3,000 shall be in cash to cover the costs of remaining sidewalk improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City shall remain the same and unchanged. A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Taylor, Bennett, Ochala, Bishop NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, it 110. was 22346 Imp #258-86 RESOLVED, that having considered a communication from the City Planning Commission dated January 15, 1986, which transmits its resolution 1-9-86 adopted on January 7, 1986, with regard to Petition 85-9-8-20 submitted by James Blain requesting site plan approval in connection with a proposal to construct a one-story office building on the South side of Six Mile between Quakertown Lane and Haggerty in Section 18, pursuant to the provisions set forth in Section 18 47 of Ordinance 543, as amended, 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, Bennett, Ochala, Bishop. NAYS: Feenstra. The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilman Feenstra, it was #259-86 RESOLVED, that having considered a communication from L. the City Planning Commission dated February 6, 1986, which transmits its resolution 2-32-86 with regard to Petition 86-1-8-5 submitted by Kapila & Associates requesting site plan approval in connection with a proposal to construct a multi-family housing project on the West side of Farmington Road between Curtis and Pickford Avenue in Section 9, pursuant to the provisions set forth in Section 8 02 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 86-1-8-5 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, Feenstra NAYS: Bishop. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was low #260-86 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 10, 1985 on all matters 22347 required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on February 24, 1986, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08 080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of 31 ' wide deep strength asphalt pavement with concrete curb and gutter (Alternate II )on Mayfield (7 Mile to C'arita, Section 10) , (3) approve the plans and specifications for said improvement as set forth in said statement dated December 10, 1985, (4) determine that the estimated cost of such improvement is $99,961.76, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, iwo (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be approximately 20% of paving and 100% of drainage costs $24,599 20 and that the balance of said cost and expense of said public improvement amounting to approximately 80% of paving $75,362 56 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 126 through 131 , both inclusive, and lots 143 through 155, both inclusive, of Argyle Park Subdivision. and Lots 240 through 259, both inclusive, and lot 764, 756b, 766blb2a and 766b2b, 767b of Supervisor's Livonia Plat No. 13 and Bureau of Taxation Parcels lOW and 10X1 22348 (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of a second public hearing thereon required by Section 3.08 110 of the said Code On a motion by Councilman Bennett, seconded by Councilman Ochala, it Iwo was RESOLVED, that having considered a communication from the City Planning Commission, dated January 13, 1986, which sets forth its resolution 1-4-86 adopted on January 7, 1986, with regard to Petition 85-12-2-47 submitted by KFC Take Home Food Co. requesting waiver use approval to construct a Kentucky Fried Chicken restaurant proposed to be located on the West side of Farmington Road, South of Schoolcraft Road in the Northeast 1/4 of Section 28, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on February 24, 1986, pursuant to Council Resolution 34-86, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 85-12-2-47 is hereby approved and granted A roll call vote was taken on the foregoing resolution with the following result AYES Bennett NAYS McCann, Taylor, Ochala, Feenstra, Bishop The President declared the resolution denied On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was 22349 #261-86 RESOLVED, that having considered a communication from the City Planning Commission, dated January 13, 1986, which sets forth its resolution 1-4-86 adopted on January 7, 1986, with regard to Petition 85-12-2-47 submitted by KFC Take Home Food Co. requesting waiver use approval to construct a Kentucky Fried Chicken restaurant proposed to be located on the West side of Farmington Road, South of Schoolcraft Road in the Northeast 1/4 of Section 28, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on February 24, 1986, pursuant to Council Resolution 34-86, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 85-12-2-47 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #262-86 RESOLVED, that having considered a communication from the City Planning Commission dated December 17, 1985 which its resolution 12-264-85 adopted on December 10, 1985 with regard to Petition 85-11-8-26 submitted by Ron Parz & Associates requesting site plan approval to construct a shopping center ibi on the West side of Middlebelt, between Terrence and Sunnydale in Section 13, pursuant to the provisions set forth in Section 18 58 of Ordinance 543, as amended, and the Council having conducted a public hearing with regard to this matter on February 24, 1986 pursuant to Council Resolution 48-86, the Council does hereby reject the recommendation of the Planning Commission and Petition 85-11-8-26 is hereby approved and granted, such approval to be based upon the condition that there shall be a one-way driveway from Terrence going South into the development A roll call vote was taken on the foregoing resolution with the following result AYES. McCann, Taylor, Ochala, Feenstra, Bishop. NAYS Bennett. The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #263-86 RESOLVED, that the Council does hereby refer to the City Engineer for his report and recommendation the matter of imm improving Terrence, East of Middlebelt Road in Section 13, on the basis of a Special Assessment District 22350 On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #264-86 RESOLVED, that having considered a communication from the City Planning Commission dated January 7, 1986 which transmits its resolution 12-266-85 adopted on December 10, 1985 with regard to Permit Application No 2359, submitted by Mr John Bajor, requesting permission to install a satellite disc antenna at 14477 Ramblewood, Livonia, Michigan, and the Council having conducted a public hearing with respect to this matter on February 24, 1986, pursuant to Council Resolution 32-86, the Council does hereby concur in the recommendation of the Planning Commission and Permit Application No 2359 is hereby denied for the same reasons as those set forth in the aforesaid action of the Planning Commission, as well as the additional reason that the owner of the subject property has indicated that he no longer desires to have the said satellite disc antenna installed on his property On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #265-86 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1985 which sets forth its resolution 12-254-85 adopted on December 10, 1985 with regard to Petition 85-9-1-29 submitted by the City Planning Commission for a change of zoning on property located on the Southeast corner of Haggerty and Phillips Roads in the Southwest 1/4 of Section 6 from PO to R-E, and the Council having conducted a public hearing with regard to this matter on February 24, 1986, pursuant to Council Resolution 30-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-9-1-29 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 A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Taylor, Bennett, Ochala, Feenstra, Bishop NAYS None. On a motion by Councilman Ochala, seconded by Councilman Bennett, it was 22351 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1985 which sets forth its resolution 12-257-85 adopted on December 10, 1985 with regard to Petition 85-11-1-34, submitted by Angelo D'Orazio for a change of zoning on property located on the Southwest corner of Seven Mile Road and Stamford in the Northeast 1/4 of Section 9 from R-3 and P S to C-2, and the Council having conducted a public hearing with regard to this matter on February 24, 1986, pursuant to Council Resolution 30-86, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 85-11-1-34 is hereby approved and granted only to the extent of approving the rezoning of the subject property to C-1 , and the request to rezone the same to C-2 is hereby denied, 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 On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #266-86 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1985 which sets forth its resolution 12-257-85 adopted on December 10, 1985 with regard to Petition 85-11-1-34, submitted by Angelo D'Orazio for a change of zoning on property located on the Southwest corner of Seven Mile Road and Stamford in the Northeast 1/4 of Section 9 from R-3 and P S to C-2, and the Council having conducted a public hearing with regard to this matter on February 24, 1986, pursuant to Council Resolution 30-86, 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 substitute resolution with the following result AYES: McCann, Taylor, Bennett, Ochala, Feenstra, Bishop. NAYS None The President declared the substitute resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra, it Was L 22352 f267-86 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1985 which sets forth its resolution 12-256-85 adopted on December 10, 1985 with regard to Petition 85-11-1-33 submitted by Rocco Paolucci for a change of zoning on property located on the North side of Seven Mile Road East of Purlingbrook in the Southeast 1/4 of Section 2 from RUFA to R-9, and the Council having conducted a public hearing with regard to this matter on March 3, 1986, pursuant to Council Resolution 78-86, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-11-1-33 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Taylor, Bennett, Ochala, Feenstra, Bishop NAYS. None. On a motion by Councilman McCann, it was WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Borin Investment Company, dated January 10, 1986, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 30, 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 Borin Investment Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p.m , Monday, March 3, 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, Borin Investment Company, 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 22353 property tax in the local government 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, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Borin Investment Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 30 for 12 years. The foregoing motion failed for lack of support On a motion by Councilman Feenstra, seconded by Councilman McCann, it was #268-86 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Borin Investment Company, dated January 10, 1986, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 30, 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 Borin Investment Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 .00 p.m. , Monday, March 3, 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, Borin Investment Company, 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 government 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, as amended. 22354 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Borin Investment Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 30 for 8 years A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Taylor, Feenstra, Bishop NAYS: Bennett, Ochala. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #269-86 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 apepar on the agenda. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #270-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 6, 1986 and submitted pursuant to Council Resolution 143-86 in connection with a communication from the City Planning Commission dated January 15, 1986 which transmits its resolution 1-10-86 adopted on January 7, 1986 with regard to Petition 85-11-8-29 submitted by Roger Ajluni requesting site plan approval in connection with a proposal to construct a three story office/medical complex building on the Southeast corner of Farmington Road and Curtis in the Southwest 1/4 of Section 10, pursuant to the provisions set forth in Section 18. 58 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-11-8-29, as revised, 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 following additional conditions. (1 ) That a revised site plan identified as Project No. AE5063 Sheet Ll dated March 12, 1986 is hereby approved and shall be adhered to, 22355 (2) That all landscaping areas including the area of the Curtis Road Right-of-Way, containing the proposed berm and landscaping, shall have an underground lawn sprinkler system installed, (3) That no part of the proposed structure shall be used for commercial purposes such as health spas and/or health clubs, (4) That the finished floor elevation for the first floor shall be lowered 2' below the elevation of Curtis Road, which elevation is determined to be 671 ' 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' , (5) That the external building materials which are proposed to be brick and aluminum trim shall first be approved as to color by the City Council , and (6) That any roof-mounted mechanical equipment projecting above the roof line shall be screened with aluminum material as approved for the principle structure, and such screening and equipment shall not exceed 6' in L. height. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #271-86 RESOLVED, that pursuant to Section 23.01 (a) , the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether or not PS district regulations should be revised and amended so as to provide for a PS-I classification which provides a maximum building height limitation of no more than one-story and a PS-II zoning classification which provides the same language except for two-stories On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #272-86 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation with respect to a request of certain residents that "No Parking" signs be posted on the south side of Curtis Road, from Farmington Road East to Shadyside, as extended. 22356 On a motion by Councilman Ochala, seconded by Councilman Bennett, it L was #273-86 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation on the question of whether or not Westmore and Shadyside, immediately North of the North Right-of-Way Line of Curtis, should be closed. A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Bennett, Ochala, Bishop NAYS McCann, Feenstra. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #274-86 RESOLVED, that having considered a communication from the Livonia Historical Society, 38125 Eight Mile Road, Livonia, Michigan 48152, dated March 9, 1986, with regard to conducting a bingo to be held in mid-April for the purpose of raising funds to move the Blue House to Greenmead, the Council does hereby take this means to indicate that the said organization is a recognized non-profit organization in the City of Livonia, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Bureau of State Lottery, Charitable Gaming Division, Box 30023, 6545 Mercantile Way, Lansing, Michigan 48909, as well as to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #275-86 RESOLVED, that having considered the report and recommendation of Kamp DiComo Associates, P C dated March 12, 1986 with respect to the construction of a proposed lake in the Civic Center in order to provide fill dirt material required for the construction of the new Civic Center Library, the Council does hereby concur in the recommendation of the aforesaid Kamp DiComo Associates and does hereby authorize the advertising and taking of new competitive bids with respect to "Earthwork Operations" for the new proposed Library in lieu of the construction of a proposed lake, further, the Council does hereby amend and revise CR 80-86 adopted on January 29, 1986 to the extent required to be consistent with the action taken herein. 22357 On a motion by Councilman McCann, seconded by Councilman Ochala, and unanimously adopted, this 1075th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9 25 P.M. , March 12, 1986 'lee: 1441014r/1724,C200e Robert F Nash, City Clerk