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HomeMy WebLinkAboutCOUNCIL MINUTES 1998-11-04 31287 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 4, 1998, 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 00 p m Councilmember Pastor delivered the invocation Roll was called with the following result: John R Pastor, Brian Duggan, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, and Jack Engebretson Absent: Joe Laura (out of town) Elected and appointed officials present: Jack E. Kirksey, Mayor; John Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Director of Finance, Robert J Beckley, Director of Public Works, Jeff Bryant, Economic Development Manager; and Karen Kapchonick, Assistant Superintendent of Parks and Recreation On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #806-98 RESOLVED, that the minutes of the 1,379th Regular Meeting of the Council of the City of Livonia, held October 21, 1998, are hereby approved as submitted On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #807-98 RESOLVED, that having considered a communication from Council Vice President John J Walsh, dated November 4, 1998, the Council does hereby amend CR 792-98 with respect to the Sign Permit Application submitted by Kasper Enterprises, on behalf of Westborn Market, for a monument sign on property located at 14925 Middlebelt Road, in the Northeast 1/4 of Section 23 31288 Os.n a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it wa #808-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 1, 1998, submitted pursuant to Council Resolution 474-98, and a communication from the City Planning Commission, dated May 8, 1998, which transmits its resolution 5-69-98, adopted on May 5, 1998, with regard to a Sign Permit Application, submitted by Kasper Enterprises on behalf of Westborn Market, requesting approval to erect signage on property located at 14925 Middlebelt Road in the Northeast 1/4 of Section 23, the Council does hereby concur in the recommendation of the Planning Commission and approves the Sign Permit Application with respect to the monument sign only, subject to the following conditions 1 That the Sign Package submitted by Kasper Enterprises, as received by the Planning Commission on April 6, 1998, is hereby approved with respect to the monument sign only and shall be adhered to, except as modified as set forth below; 2 That the brick used in the construction of the base of the sign shall match that of the principal building and shall be full-face four (4") inch brick, no exceptions, 3 That the base shall be lowered 12" and contain no changeable copy on the sign, as shown on Drawing #7376 prepared by Planet Neon, as revised and signed by Mark Anusbigian on November 1, 1998, 4 That all signage for this store shall not be illuminated beyond one hour after closing, and 5 That any additional signage shall come back before the Planning Commission and City Council for their review and approval On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #809-98 WHEREAS, the purpose of the Livonia Community Foundation is to provide a stable, substantial and long-term source of funding for many and various civic, charitable and cultural needs of the community, and 31289 WHEREAS, the Livonia Community Foundation is a means to supplement monies available through traditional funding sources, and WHEREAS, all donations to the Livonia Community Foundation are held in trust to provide an investment endowment, the income from which is used for community foundation purposes, and WHEREAS, the source of said funding includes donations from individuals and/or their estates, and business entities, including partnerships and corporations, and WHEREAS, the Livonia Community Foundation is a bona fide and certified charitable trust under Federal regulations (Section 501 3C) and State law wherein donations to the Foundation are tax deductible under Federal law and receive preferential tax credits under Michigan law; WHEREAS, donors to the Livonia Community Foundation help provide for Livonia's future quality of life and may direct the use of the donations, according to the donor's particular interests, and WHEREAS, the Livonia Community Foundation, in the spirit of goodwill, charity and generosity is seeking donations from individuals and businesses in order to create that permanent source of funding for the various historical, cultural, civic, and charitable needs of Livonia, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of the City Council hereby proclaim the month of November, 1998, to be Livonia Community Foundation Month and encourage any and all, able and willing to contribute, to give generously to the Livonia Community Foundation Former Mayor Robert D Bennett, President and Chairman of the Livonia Community Foundation, as well as William C Fried, member of the Board of Directors and Treasurer of same, addressed the status of the Foundation No one from the audience wished to speak during the audience communication portion of the meeting Councilmember Pastor announced that the Holiday Parade would be held on November 21, 1998, commencing at 9 00 a m on Merriman Road, and encouraged the viewing public to participate Councilmember Vandersloot wished a "Happy Birthday" to six-year old George McCotter, son of newly elected State Senator Thaddeus McCotter and Rita McCotter 31290 Council Vice President Walsh wished a "Happy 9th Anniversary" to his wife, Janice City Clerk McCotter thanked the public for voting at the General Election yesterday, as well as her staff for doing an excellent job A communication from the Engineering Division, dated November 2, 1998, re status of the Whispering Pines Site Condominium Subdivision and restoration work in Sheffield Estates Subdivision was received and placed on file for the information of the Council (CR 786-98) A communication from the Department of Finance, dated October 20, 1998, re forwarding financial statements of the City of Livonia for the month ending September 30, 1998, was received and placed on file for the information of the Council At the direction of the Chair, Item Nos 1 and 12 were removed from the Consent portion of the Agenda On a motion by Duggan, seconded by Brosnan, it was A communication from the Office of the City Clerk, dated October 5, 1998, re forwarding a communication from the Treasurer of the Board of the Wayne County Transit Authority requesting the collection of 1998 taxes was received and placed on file for the information of the Council #810-98 RESOLVED, that having considered a communication from the Mayor, dated October 2, 1998, to which is attached a letter from representatives of the Board of Directors of the Michigan Coalition to Protect the Public Rights-of-Way from Telecommunications Encroachments (PROTEC), and an invoice with respect to the City's PROTEC membership dues for the period July 1, 1998, through June 30, 1999, the Council does hereby authorize the payment of $25,000 00 from funds already budgeted in the current 1997-98 Cable Division Budget Account No 297-751-818-005 for this purpose #811-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated 31291 October 7, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2446-98, adopted on September 8, 1998, wherein it is recommended that the fee schedule for sports officials be as follows Type Rate Method of Payment Adult Softball $20 00 Teams pay on site Adult Basketball and Class D $20 00 Teams pay on site Adult Volleyball $20 00 Teams pay on site the Council does hereby concur in and approve of such action #812-98 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated October 13, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Hastings Air-Energy Control, 141 West Vine Street, Milwaukee, Wisconsin 53212, for supplying the Fire Department with a Vehicle Exhaust Removal System for Fire Stations No 1, No 4, No 5 and No. 6 in the amount of$83,458 05, the same having been in fact the lowest and only bid received and meets all specifications, 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 things necessary or incidental to the full performance of this resolution #813-98 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated September 25, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of five (5) M-Series defibrillators from Zoll Medical Corporation, 32 Second Avenue, Burlington, Massachusetts 01803-4420, in the amount of $91,618 50, the same having been in fact the lowest quote received which meets all specifications, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of$91,618 50 from the Unexpended Fund Balance of the Capital Projects Fund No 401 for this purpose, FURTHER, the Council does hereby authorize the purchase of 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 140D4 of the Livonia Code of Ordinances, as amended #814-98 RESOLVED, that the Council does hereby refer the subject of the current status of the transition to Advanced Life Support to the Mayor for his report and recommendation, the same requested to be submitted to Council prior to December 31, 1998 31292 #815-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 7, 1998, and the report and recommendation of the Chief of Police, dated October 9, 1998, in connection therewith, approved for submission by the Mayor, the Council does hereby determine that it has no objection to and does recommend approval of the request from Rite-Aid of Michigan, Inc for a new SDM license with drive-up window to be located at 31245 Eight Mile Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #816-98 RESOLVED, that the Council does hereby refer the matter of prohibiting alcoholic beverage sales through drive-up windows in the City of Livonia to the Department of Law to prepare an appropriate ordinance amendment for submission to Council #817-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, received in the Office of the City Clerk on September 28, 1998, and a report and recommendation from the Chief of Police, dated October 9, 1998, approved for submission by the Mayor, regarding a request from Rite-Aid of Michigan, Inc., to transfer ownership of a 1996 SDD license only with Sunday Sales (in escrow) from Apex Drug Stores, Inc., and to transfer location from 29350 Plymouth Road, Livonia, Michigan 48150, Wayne County, to a business located at 31245 Eight Mile Road, Livonia, Michigan 48152, Wayne County, to be held in conjunction with a proposed new SDM license and applicant request for a new drive-up window, the Council does hereby deny this request for the reason that the applicant's request for waiver use approval was denied on September 23, 1998, for failure to comply with all of the general waiver use standards and requirements as set forth in Section 19 06 of Zoning Ordinance No 543, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #818-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated October 12, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize B & V Construction, Inc., 48400 West Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow removal services for City streets during the 1998-99 snow season for snow falls of over four (4") inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the attached letter dated October 10, 1998, FURTHER, the Council does hereby authorize the said 31293 item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #819-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Public Utility Manager, dated October 14, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Independent Floor Covering of Westland, Inc., 1400 N Wayne Road, Westland, Michigan 48185, for completing all work in connection with the installation of carpeting at four City facilities (Police Department, Noble Library, Civic Park Senior Center and the fourth floor and Annex of City Hall) for the sum of$133,980 60 (as revised to substitute broadloom for carpet tiles for the fourth floor of City Hall and to add the hallway of the Annex at City Hall), FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $133,980 60 from the following accounts for this purpose Account Amount 101-891-983-000 $ 15,567 50 101-304-976-000 $ 16,525 50 271-739-976-000 $ 25,620 00 101-447-975-000 $ 55,000 00 101-447-976-000 $ 21,267 60 and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #820-98 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 9, 1998, approved for submission by the Mayor, to which is attached a proposed Investment Policy for the City of Livonia, the Council does hereby take this means to indicate its approval of the Investment Policy in the manner and form herein submitted and does hereby adopt this Investment Policy as a means of protecting the safety of City funds and its investments #821-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated October 9, 1998, which bears the signature of the Director of Finance, is approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached an agreement between the Michigan Department of Transportation and the City of Livonia for the reconstruction of 1-275 from Five Mile Road to Eight Mile Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf 31294 of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of$490,300 00 from the General Obligation Road Improvement Bond Issue for the City's estimated share of this project (1 25% of the total estimated cost for this project of $39,227,000 00), and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation A communication from the Department of Law, dated October 30, 1998, re Soil and Materials Engineers, Inc. consulting contract proposal with respect to the Glendale Avenue Utility Extension Project (Contract 98-F) was received and placed on file for the information of the Council #822-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated October 16, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and correspondence from the Department of Law, dated October 30, 1998, approved by the Director of Public Works and the City Engineer, and approved for submission by the Mayor, the Council does hereby accept L the proposal submitted by Soil and Materials Engineers, Inc , 43980 Plymouth Oaks Boulevard, Plymouth, Michigan 48170-2584, for performing professional services consisting of project investigation and recommendations in connection with the presence of refuse encountered during the beginning phases of the Glendale Avenue Utility Extension Project (Contract 98-F), previously authorized in Council Resolution 599- 98, in an amount not to exceed $25,000 00 for the basic scope of work, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $25,000 00 from the Unexpended Fund Balance of the Refuse Fund for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Department of Law is hereby authorized to negotiate a contract with the aforesaid company for and on behalf of the City of Livonia, and the Mayor and City Clerk are hereby authorized to execute said contract; FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Sections 3 04 140D1 and D2 of the Livonia Code of Ordinances, as amended #823-98 RESOLVED, that having considered a communication from the City Planning Commission, dated September 16, 1998, which 31295 transmits its resolution 9-156-98, adopted on September 15, 1998, with regard to a Sign Permit Application, submitted by Schostak Brothers & Company, Inc , requesting approval to erect an exterior wall sign for the food court (Boardwalk Cafes) at Wonderland Mall located at the southwest corner of Middlebelt and Plymouth Roads in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission and approves the said Sign Permit Application, subject to the following conditions 1 That the sign package submitted by Schostak Brothers & Company, Inc , as received by the Planning Commission on August 27, 1998, is hereby approved and shall be adhered to, and 2 That this approval is subject to the applicant being granted a variance by the Zoning Board of Appeals and any conditions related thereto #824-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 16, 1998, which transmits its resolution 10-171-98, adopted on October 13, 1998, with regard to Petition 98-9-2-19, submitted by James L. Zanotti, requesting waiver use approval to operate a pita sandwich shop with customer seating within an existing building (L.A. Plaza) located on the south side of Plymouth Road between Wayne and Levan Roads in the Northeast % of Section 32, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98- 9-2-19 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats shall be limited to no more than 56 seats, and 2 That the site and building deficiencies which are noted in a letter dated September 21, 1998, from the Inspection Department shall be taken care of prior to the issuance of a Certificate of Occupancy #825-98 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (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 to retain employment opportunities in the City, and 31296 WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"), and WHEREAS, the Corporation in conformity with Act 338, Public Acts of Michigan, 1974, as amended ("Act 338"), and the Internal Revenue Code of 1986, as amended, has prepared and submitted a project plan (the "Project Plan") involving a project (the "Project") to be undertaken on behalf of Woodhaven of Livonia, a Michigan non-profit corporation, and WHEREAS, pursuant to Act 338 it is necessary to hold a public hearing concerning the Project, the Project Plan and the bonds proposed therein to be issued by the Corporation (the "Bonds"), prior to taking legislative action relating to it; NOW, THEREFORE, BE IT RESOLVED THAT 1 Pursuant to the aforesaid Act 338 the City Council shall meet on November 23, 1998, at 7 00 o'clock p m , at which time it shall conduct a public hearing on the Corporation's submission of the Project Plan and the issuance by the Corporation of the Bonds 2 The Clerk be and is hereby directed to give notice of such public hearing by (1) publishing a notice thereof in the Livonia Observer, a newspaper of general circulation in the City; (2) posting in at least ten (10) conspicuous and public places in the project district area, and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given at least fourteen (14) full days prior to the date set for said hearing 3 Said notice shall be in substantially the following form OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROJECT PLAN AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN AS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF LIVONIA BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR THE WOODHAVEN OF LIVONIA PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia has submitted a project plan to the City Council for its approval 31297 Said project plan deals with the construction and equipping of a senior supportive care facility to be owned and used by Woodhaven of Livonia, a Michigan non-profit corporation, and to be located on a project area or site described as follows That part of the Southeast 1/4 of Section 14, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as The West 360 00 feet of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast % of Section 14, subject to the restriction in the use of the above-described property that vehicular access will not be provided through Hidden Lane, the private drive abutting the property on the South The street address of the facility is 29667 Wentworth, Livonia, Michigan 48154 Said project plan details all information required by law relative to said project and its impact on the community No persons will be displaced from the project area as a result of this project. Said project plan also proposes the issuance of revenue bonds by said Economic Development Corporation in a maximum principal amount not to exceed $4,500,000 to assist in the financing of said project for the benefit of Woodhaven of Livonia. The City Council will meet at 7 00 o'clock p m , Monday, the 23rd day of November, 1998, at the City Hall located at 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing The public hearing shall consider the advisability of the City Council approving, modifying or rejecting by resolution said project plan and the issuance of bonds as proposed therein THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act 338, Public Acts of Michigan, 1974, as amended The project plan and relevant maps or plats are available for inspection at the City Clerk's office All interested citizens are encouraged and will be offered an opportunity at said hearing to address the City Council concerning said project, said project plan, and the bonds proposed to be issued Written comments may also be submitted to the City Clerk prior to said hearing JOAN McCOTTER City Clerk 31298 4 The City Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the City Council to hold a public hearing and the purpose of the public hearing 5 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded #826-98 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, January 6, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 98-7-1-12, submitted by the City Planning Commission, pursuant to Council Resolution 134-98, for a change of zoning of property located east of Stark Road between Orangelawn and Richland Avenues in the Northeast 1/4 of Section 33, from RUF to R-1, the City Planning Commission in its resolution 10-167-98 having recommended to the City Council that Petition 98-7-1-12 be approved, and (2) Petition 98-8-1-17, submitted by RD Management on behalf of Second Mount Clemens Corporation, for a change of zoning of property located on the north side of Five Mile Road between Levan Road and Williams Avenue in the Southwest 1/4 of Section 17, from OS to C-1, the City Planning Commission in its resolution 10-168-98 having recommended to the City Council that Petition 98-8-1-17 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is 31299 requested to do all other things necessary or incidental to the full performance of this resolution #827-98 RESOLVED, that the Council having considered a communication from the City Engineer, dated October 5, 1998, approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of missing sidewalks on the north and south sides of Seven Mile Road between Newburgh Road and Farmington Road in Sections 4, 5, 8 and 9, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by single lot assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer under date of October 5, 1998, and that there has been a full compliance with all of the provisions of Section 3 08 060 and Section 3 08 150 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, December 2, 1998, at 7 00 p m as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 150B of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 150B of said Code A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Duggan, Brosnan, Walsh, Vandersloot, and Engebretson NAYS None A communication from Livonia Fire & Rescue, dated November 3, 1998, re Martin Luther Memorial Home proposed address was received and placed on file for the information of the Council 31300 A communication from the Division of Police, dated November 2, 1998, re proposed address for the Martin Luther Memorial Home was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Duggan, it was RESOLVED, that having considered a communication from Les R Stauske, President and CEO of Martin Luther Memorial Home, dated October 8, 1998, wherein it is requested that the private road through the property located at 14871 Farmington Road be designated as Luther Lane, and requesting the address of the apartment building constructed on this property to be 100 Luther Lane, with the address of the skilled nursing facility at this location to be 200 Luther Lane, the Council does hereby deny this request inasmuch as the requested addresses are numerically inconsistent with existing east/west addresses in the City Dave Hautamaki, representing Martin Luther Memorial Home, offered amended addresses that would conform to the City's addressing system The President of the Council relinquished the Chair to the Vice President at 8:27 p.m. in order to address the foregoing matter Brosnan and Duggan withdrew their motions on the foregoing denying resolution On a motion by Brosnan, seconded by Duggan, it was #828-98 RESOLVED, that having considered a communication from Les R Stauske, President and CEO of Martin Luther Memorial Home, dated October 8, 1998, wherein it is requested that the private road through the property located at 14871 Farmington Road be designated as Luther Lane, the Council does hereby approve this request and does hereby concur in naming said private roadway Luther Lane with the address of the apartment building constructed on this property to be 33400-33599 Luther Lane (providing each apartment with its own address) and the address of the skilled nursing facility at this location to be 33600 Luther Lane, and does hereby direct the Department of Public Works to take all necessary action to effectuate this resolution, FURTHER, the Council does hereby request the City Clerk to forward a certified copy of the same to the Michigan Auditor General, to the 911 Communication Systems Operator, and to further have a certified copy of this resolution recorded in the Office of the Wayne County Register of Deeds, together with his certificate indicating the name or names of any plat, subdivision or addition affected by this resolution, as well as to do all 31301 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 Pastor, Duggan, Brosnan, Engebretson, Vandersloot, and Walsh NAYS None The Vice President declared the resolution adopted The President resumed the Chair at 8 30 p m A communication from the Department of Law, dated October 12, 1998, re acceptance of Warranty Deed for property located at 31525 Seven Mile Road, owned by the Kapsalis family, with respect to the Seven Mile Road right-of-way was received and placed on file for the information of the Council (CR 647-98) On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was. #829-98 RESOLVED, that having considered a communication from the Department of Law, dated October 12, 1998, approved for submission by the Mayor, submitted pursuant to Council Resolution 647-98, transmitting for Council acceptance a Warranty Deed dated September 15, 1998, executed by Sarantos, Diamond and Georgia Kapsalis, conveying to the City certain property described as follows The North 60 feet of the following described parcel Part of the N E 1/4 of Section 10, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning North 89°59'49" West, 263 33 feet from the northeast corner of Section 10, thence proceeding South 0°42'21" East, 285 44 feet; thence North 89°59'49" West, 152 87 feet; thence North 0°42'21" West, 285 44 feet; thence South 89°59'49" East, 152 87 feet to the point of beginning (Tax Parcel No 037-99-0007-001 — 31525 Seven Mile Road Right-of-Way) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do 31302 all other things necessary or incidental to fulfill the purpose of this resolution, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above-described property to the County of Wayne in a form to be approved by the Department of Law On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was #830-98 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 13, 1998, submitted pursuant to Council Resolution 904-96, regarding the subject of prompting legislative changes relative to adding charges such as unpaid ambulance bills, building inspection fees and hazardous material response costs to residents' tax bills as a lien against their property, the Council does hereby determine to take no further action with respect to this matter A communication from Karoub Associates, dated October 13, 1998, re a legislative update was received and placed on file for the information of the Council (CR 239-97) On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #831-98 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 13, 1998, submitted pursuant to Council Resolution 239-97, regarding the subject of the development of a list of priorities to be carried out by the legislative consultant, Karoub Associates, the Council does hereby direct that a Legislative Committee meeting be scheduled in Lansing with State legislators, Karoub Associates and other State officials, as appropriate, for discussion of pending legislative issues On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was #832-98 WHEREAS, efforts are currently underway to change the manner in which revenue sharing payments are calculated, and WHEREAS, competing bills with substantially different approaches to this subject have been introduced in the House and the Senate, and 31303 WHEREAS, it is important that any changes in state revenue sharing legislation be linked to a constitutional amendment to insure stability in the budgeting process for local units of government; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby take this means to indicate its strong opposition to any changes in state revenue sharing legislation unless such changes are combined with consideration of a possible constitutional amendment in order to accomplish revenue sharing reform that is not only beneficial but more likely to be longstanding as well, BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Engler, State Senator R Robert Geake, State Representative Lyn Bankes, State Representative Gerald Law, State Representative Curtis A. Hertel, State Senator Dick Posthumus, the MML State and Federal Affairs Division, and the Conference of Western Wayne On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was #833-98 WHEREAS, the construction of school buildings throughout the State of Michigan currently is governed by Public Act 306 of 1937 (the School Construction Act) rather than the State Construction Code Act; WHEREAS, the current regulatory scheme fails to require that school buildings meet the same set of structural, mechanical and electrical standards as other buildings and fails to insure that the same level of scrutiny is applied to school buildings, WHEREAS, the possibility of safety problems and/or building defects can be greatly reduced by subjecting the construction of school buildings to the same requirements as other major buildings, WHEREAS, House Bill 5654 would address this problem by bringing school buildings under the State Construction Code Act and repealing the School Construction Code Act, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia hereby takes this means to indicate its strong support of HB 5654 and to urge the passage of this legislation in order to allow oversight of school building construction by local inspectors and to promote the interests of the residents of this community in insuring that school buildings are constructed in a safe and well-built manner 31304 BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Engler, State Senator R. Robert Geake, State Representative Lyn Bankes, State Representative Gerald Law, State Representative Curtis A. Hertel, State Senator Dick Posthumus, the MML State and Federal Affairs Division, and the Conference of Western Wayne A communication from William Craig, 20050 Milburn, Livonia, dated September 30, 1998, re designation of"Tree City USA" for the City of Livonia was received and placed on file for the information of the Council A communication from the Department of Public Works and the Department of Law, dated July 9, 1998, re administrative response to CR 462-98 — proposed ordinance amendments (Chapter 12.24, Trees and Shrubs Ordinance) to implement designation of"Tree City USA" for the City of Livonia - was received and placed on file for the information of the Council On a motion by Walsh, seconded by Vandersloot, it was RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 13, 1998, submitted pursuant to Council Resolution 274-98, concerning the subject of the City of Livonia becoming a "Tree City USA", the Council does hereby refer the matter of a timeline and completed application for the "Tree City USA" designation to the Mayor for a report and recommendation Walsh and Vandersloot amended their motion to read as follows #834-98 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 13, 1998, submitted pursuant to Council Resolution 274-98, concerning the subject of the City of Livonia becoming a "Tree City USA", and a communication from the Superintendent of Public Service and the Director of Public Works, dated October 28, 1998, approved for submission by the Mayor, submitting a timeline and action plan required to become a "Tree City USA", the Council does hereby determine to take no further action with respect to the request of a timeline for same A roll call vote was taken on the foregoing resolution with the following result: 31305 AYES Pastor, Duggan, Brosnan, Walsh, Vandersloot, and Engebretson NAYS None The President declared the resolution adopted Bill Craig, 20050 Milburn, spoke to the subject of Livonia becoming a "Tree City USA" and explained what the program was comprised of On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #835-98 RESOLVED, that having considered a communication from the Superintendent of Public Service and the Director of Public Works, dated October 28, 1998, approved for submission by the Mayor, submitted pursuant to Council Resolution 274-98, the Council does hereby proclaim April 30, 1999 to be observed as Arbor Day in the City of Livonia, and does hereby request that the Mayor submit the "Tree City USA" application and supporting information to the Department of Natural Resources State Forester by December 31, 1998 On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #836-98 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 13, 1998, submitted pursuant to Council Resolution 274-98, concerning the subject of the City of Livonia becoming a "Tree City USA" and the effect such a program would have on the ordinance on City property, the Council does hereby refer the matter of the preparation of an ordinance amendment to Section 12.24 of the Livonia Code of Ordinances (Trees and Shrubs) in order to comply with the "Tree City USA" requirements to the Department of Law, the same to thereafter be submitted to Council for its consideration A communication from the Office of the Mayor, dated October 16, 1998, re fees and costs associates with non-Freedom of Information requests was received and placed on file for the information of the Council (CR 231-98) On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was 31306 #837-98 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 19, 1998, submitted pursuant to Council Resolution 231-98, with respect to the matter of a review of the fees and costs associated with non-Freedom of Information requests, the Council does hereby determine to take no further action with respect to this matter On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was #838-98 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 19, 1998, submitted pursuant to Council Resolution 740-98, with respect to the subject of economic development consultation and the appropriate format for requesting information on economic development from the Economic Development Manager, the Council does hereby determine to take no further action with respect to this item On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was #839-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 20, 1998, submitted pursuant to Council Resolution 517-98, and a communication from the City Planning Commission, dated May 11, 1998, which transmits its resolution 5-66-98, adopted on May 5, 1998, with regard to Petition 98- 4-2-7, submitted by Modern Moving Company requesting waiver use approval for outdoor parking of moving company vehicles on property located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, the Council does hereby reject the recommendation of the Planning Commission and denies this request for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance #543, 2 That the approval of this request would not result in an aesthetically pleasing use that would enhance the image and character of the industrial development along the Eight Mile Road corridor; and 3 That the increase in the outdoor storage/parking of moving company trucks on the expanded site will be detrimental to the 31307 continued maintenance of the site in an orderly and satisfactory condition and would be a deterrent to the long term stability of this area On a motion by Duggan, seconded by Vandersloot, it was #840-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 20, 1998, submitted pursuant to Council Resolution 610-98, and a communication from the City Planning Commission, dated May 8, 1998, which sets forth its resolution 5-70-98 adopted on May 5, 1998, with regard to a Sign Permit Application submitted by Plunkett & Cooney, on behalf of Champps Americana, requesting approval for signage for the restaurant located at 19470 Haggerty Road in the Southwest 1/4 of Section 6, and the Council having conducted a public hearing with regard to this matter on Monday, July 13, 1998, pursuant to Council Resolution 453-98, the Council does hereby reject the recommendation of the Planning Commission and approves the said Sign Permit Application, subject to the following conditions 1 That the request for additional signage as submitted by Plunkett & Cooney, received by the Planning Commission on April 14, 1998, is hereby approved and shall be adhered to, and 2 That the signage shall not be illuminated beyond one hour after the restaurant closes. A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Brosnan, Walsh, and Vandersloot. NAYS Pastor and Engebretson The President declared the resolution adopted On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was. #841-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 20, 1998, submitted pursuant to Council Resolution 644-98, and the report and recommendation of the Acting Chief of Police, dated July 17, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of a new surveillance vehicle and low light level color video camera for the 31308 Police Department from Audio Intelligence Devices, 12301 NW 39th Street, Coral Springs, Florida 33065, in the amount of $104,738 00 for the surveillance vehicle and $24,995 00 for the video camera and related equipment, for a total amount of $129,773 00, FURTHER, the Council does hereby approve the transfer of $129,773 00 from the Unexpended State Forfeiture Fund Balance to Account No 265-333-987-000 for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D4 of the Livonia Code of Ordinances, as amended On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #842-98 RESOLVED, that having considered a communication from the City Planning Commission, dated July 24, 1998, which sets forth its resolution 7-108-98 adopted on July 14, 1998, with regard to Petition 98-6- 1-10, submitted by David and Kathleen Johnson and Adam and Anna Holzhaus for a change of zoning of property located on the south side of Clarita Avenue between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of Section 11, from R-5 to R-2, and the Council having conducted a public hearing with regard to this matter on October 14, 1998, pursuant to Council Resolution 603-98, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #843-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1998, which sets forth its resolution 8-125-98 adopted on August 11, 1998, with regard to Petition 98-6-1-11, submitted by the City Planning Commission on its own motion for a change of zoning of property located on Floral and Deering Avenues (Joy Road Cozy Homesites), north of Joy Road in the Southeast 1/4 of Section 36, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on October 14, 1998, pursuant to Council Resolution 654-98, the Council does hereby approve Petition 98- 6-1-11 for preparation of the ordinance for submission to Council, 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 543, as amended, in accordance with this resolution 3 1309 Duggan left the podium at 8 53 p m due to a conflict of interest on the next Agenda item On a motion by Brosnan, seconded by Walsh, it was #844-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1998, which sets forth its resolution 8-126-98 adopted on August 11, 1998, with regard to Petition 98-7-1-13, submitted by Leo Soave on behalf of Livonia Veterans Memorial Home, Inc , for a change of zoning of property located on the north side of Joy Road between Newburgh Road and Crown Avenue in the Southwest 1/4 of Section 32, from P to R-1 and RC, and the Council having conducted a public hearing with regard to this matter on October 14, 1998, pursuant to Council Resolution 654-98, the Council does hereby approve Petition 98-7-1-13 for preparation of the ordinance for submission to Council, 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 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Brosnan, Walsh, Vandersloot, and Engebretson NAYS None The President declared the resolution adopted Duggan returned to the podium at 8 54 p m On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #845-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1998, which sets forth its resolution 8-129-98 adopted on August 11, 1998, with regard to Petition 98-6-6-4, submitted by the City Planning Commission, pursuant to Council Resolution 406-98, to determine whether or not to amend Article XVIII by adding Section 18 66 of the Zoning Ordinance so as to impose bonding requirements pursuant to MCL 125 584e, and the Council having conducted a public hearing with regard to this matter on Wednesday, October 14, 1998, pursuant to Council Resolution 654-98, the Council does hereby approve Petition 98-6-6-4 for preparation of the ordinance for 31310 submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution for submission to Council On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #846-98 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 8, 1998, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on Wednesday, October 14, 1998, 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 the placement of three (3") inches overlay over the top of the existing four (4") inch asphalt road and widen two (2') feet on each side of the road with a two (2") inch high mountable asphalt curb (Alternate III Modified) for Lamont Street, 130 feet north of Joy Road to 200 feet south of Northfield Avenue) and Stonehouse Avenue (130 feet north of Joy Road to Minton Avenue), respectively, in Section 31, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, ( 3) approve the plans and specifications for said improvement as set forth in said statement dated July 8, 1998, ( 4) determine that the estimated cost of such improvement is $283,052 00, ( 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, ( 6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($22,706 55) and 100% of drainage ($131,675 00) and that the balance of said cost and expense of said public improvement amounting to 85% ($128,670 45) shall be borne and paid by special assessments on 31311 all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, imp ( 7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, ( 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the S E. 1/1 of Section 31, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed on the attached Special Assessment Roll and shown on the attached Special Assessment District Map ( 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #847-98 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated October 12, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of$650 00 from the contributors set forth in the attachment, the same to be deposited in and credited to Account #702-000-285-125 for use as indicated in the attachment; and a cash donation in the amount of $1,500 00 from George H Pastor & Sons, Inc for the City's park sponsorship program, the same 31312 to be deposited in and credited to Account #101-000-698-000 for general use of the City No one wished to speak during the audience communication portion of the meeting Councilmember Duggan congratulated Thaddeus McCotter on being elected State Senator for the 9th District and Laura Toy on being elected State Representative for the 19th District, as well as all the other winners in the General Election Councilmember Pastor once again reminded the viewing audience of the upcoming Holiday Parade, to be held on November 21, 1998 On a motion by Duggan, seconded by Pastor, and unanimously adopted, this 1,380th Regular Meeting of the Council of the City of Livonia was adjourned at 9.01 pm , November 4, 1998 , Trlt ea,trIC Jo McCotter, City Clerk