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HomeMy WebLinkAboutCOUNCIL MINUTES 1998-08-24 31140 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 24, 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 8.02 p m Councilmember Duggan delivered the invocation. Roll was called with the following result: Brian Duggan, Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, John R. Pastor, and Jack Engebretson. Absent: None 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, Laura M Toy, City Treasurer; Michael Murray, Chief of Police, Linda McCann, Director of Community Resources, Robert J Beckley, Director of Public Works, Jeff Bryant, Economic Development Manager; Kevin Roney, Public Utility Manager; Gary Garrison, Treasurer of Clarenceville District School Board, Patrick Nalley, Livonia School Board Trustee, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #614-98 RESOLVED, that the minutes of the 1,374th Regular Meeting of the Council of the City of Livonia, held August 10, 1998, are hereby approved as submitted. During audience communication, Lawrence Prieur, 37910 Plymouth Road, addressed his concern about the firefighters painting the exterior of Fire Station #6 On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was 31141 #615-98 RESOLVED, that the Council does hereby refer the issue of the painting of the exterior of Fire Station #6 to the Mayor for his report and recommendation A communication from the Engineering Division, dated August 19, 1998, re. status report on the Pines of Winfield Subdivision and restoration work in Sheffield - Estates Subdivision was received and placed on file for the information of the Council Mayor Kirksey and Police Chief Michael Murray presented an "Exceptional Service Award" to Gary Garrison for outstanding service and cooperation rendered to the Livonia Police Department. On a motion by Walsh, seconded by Laura, and unanimously adopted, it was #616-98 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 519-98, adopted at the regular meeting held June 22, 1998, which denied Petition 98-5-8-17 submitted by Abington Development, Inc. in connection with a proposal for a site condominium development on property located at 29505 Clarita Avenue in the Northeast 1/4 of Section 11 On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #617-98 RESOLVED, that having considered a communication from Council Vice President Walsh, dated August 19, 1998, the Council does hereby refer to the Committee of the Whole for its report and recommendation the matter of Petition 98-5-8-17, submitted by Abington Development, Inc., requesting approval of the Master Deed, Bylaws and a site plan in connection with a proposal to construct a site condominium development on property located at 29505 Clarita Avenue in the Northeast 1/4 of Section 11, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended At the direction of the Chair, Item #38 was removed from the Consent portion of the Agenda. A communication from the Chairperson of the Frost Middle School PTSA Craft Show, dated August 19, 1998, re amendment to signage request for the 22nd 31142 Annual Frost Middle School PTSA Craft Show was received and placed on file for the information of the Council (Consent Agenda Item #13) air A communication from the Director of Legislative Affairs, dated August 18, 1998, rethe request of St. Aidan Women's Guild to post signs advertising their 15th - Annual Craft Show was received and placed on file for the information of the Council (Consent Agenda Item #14) A communication from the Engineering Division, dated August 18, 1998, readditional information pertaining to final cost for SAD #390 (Hidden Lane, north of Five Mile Road) was received and placed on file for the information of the Council (Consent Agenda Item #34) On a motion by Brosnan, seconded by Vendersloot, it was #618-98 RESOLVED, that having considered an application from Gisele T Sidor, 36026 Dover, dated July 16, 1998, requesting permission to close Dover Street between Linville and Crown Court on Saturday, August 29, 1998, from 1000 am. to 1000 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 30, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #619-98 RESOLVED, that having considered an application from Nancy Shrewsbury and Debbie Pluff, 32010 Pembroke, dated July 22, 1998, requesting permission to close Pembroke between Osmus and Parker on Saturday, August 29, 1998, from 12:00 p m. to 9.00 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 30, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #620-98 RESOLVED, that having considered an application from Susan Puninske, 17124 Rougeway, and Kathy Walker, 17559 Rougeway, dated July 27, 1998, requesting permission to close Rougeway Street between Six Mile and Bobrich on Saturday, August 29, 1998, from 5 00 p m. to 10.00 p m. for the purpose of conducting a block party, the Council 31143 does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #621-98 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated July 28, 1998, requesting permission to close Sussex Street between Sherwood and Roycroft, on Saturday, August 29, 1998, from 3 00 p m to 10.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 6, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #622-98 RESOLVED, that having considered an application from Liz Ferries, 32901 Bennett Court, dated August 5, 1998, requesting permission to close Bell Creek Lane where it merges with Northgate in the Burton Hollow Woods Subdivision on Saturday, August 29, 1998, from 3 00 p m. to 1000 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 30, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #623-98 RESOLVED, that having considered an application from Lina Adam, 36925 Seven Mile Road, dated August 10, 1998, requesting permission to close Margareta, north of Six Mile and east of Newburgh, on Saturday, August 29, 1998, from 5 00 p m to 1000 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, September 12, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #624-98 RESOLVED, that having considered an application from Michelle Gill, 28482 N Clements Circle, dated August 10, 1998, requesting permission to close N Clements Circle between Harrison and W Clements Circle on Saturday, September 5, 1998, from 3 00 p m. to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #625-98 RESOLVED, that having considered an application from Karen Sanders, 14090 Edgewood, dated July 16 1998, requesting permission to close Edgewood between Perth and Scone on Saturday, September 12, 1998, from 12.00 p m. to 1000 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, September 19, 1998, in the event of inclement weather, the 31144 action taken herein being made subject to the approval of the Police Department. #626-98 RESOLVED, that having considered an application from Maria Longnecker, 14375 Hubbard, dated July 17, 1998, requesting permission to close Hubbard Street between Allen and Perth, on Saturday, September 12, 1998, from 2 30 p m to 9.00 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 13, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #627-98 RESOLVED, that having considered an application from Mary Ennis and Mariann Morano, 14163 Ingram, dated August 4, 1998, requesting permission to close Ingram Street between Perth and Berwick on Saturday, September 12, 1998, from 3 00 p m. to 1000 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #628-98 RESOLVED, that having considered an application from Maureen L. Braun, 20223 St. Francis, dated August 13, 1998, requesting permission to close St. Francis between Long and Norfolk, on Saturday, September 5, 1998, from 2 00 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 6, 1998, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #629-98 RESOLVED, that having considered a letter from Jill Wozniak, Co-Chairperson of the Marshall Craft Fair, dated July 13, 1998, which requests permission to display signs announcing the 13th Annual Marshall Elementary School Craft Fair to be held on Saturday, October 10, 1998, which signs are approximately 18" x 24" in size and which will be located as follows Northwest and Southeast corners (unless shown otherwise) of: Joy and Farmington (NE & NW) Joy and Merriman (NE & NW) Plymouth and Farmington Plymouth and Merriman Schoolcraft and Farmington Schoolcraft and Merriman Five Mile and Farmington Five Mile and Merriman Six Mile and Farmington Six Mile and Merriman Seven Mile and Farmington Seven Mile and Merriman Eight Mile and Farmington (SE & SW) Eight Mile and Merriman (SE &SW) Five Mile and Newburgh Schoolcraft and Levan (NW) Six Mile and Newburgh Five Mile and Levan 31145 Seven Mile and Newburgh Six Mile and Levan Eight Mile and Newburgh (SE) Seven Mile and Levan (SE) Six Mile and Haggerty (SE & NE) Five Mile and Middlebelt Seven Mile and Haggerty (SE) Six Mile and Middlebelt Eight Mile and Haggerty (SE) Seven Mile and Middlebelt (SE & SW) Lyndon and Merriman Seven Mile and Gill Lyndon and Farmington Eight Mile and Gill (SE) Five Mile and Hubbard Seven Mile and Wayne (entrance to Bicentennial) Curtis (south side), in front of Marshall Elementary School Total of free standing signs. 62 and wooden 4' x 4' signs at the corners of Farmington and Curtis Roads and Seven Mile and Myron, and which signs would be displayed from Saturday, October 3, 1998, through Sunday, October 11, 1998, the Council does hereby grant and approve this request in the manner and form herein submitted. #630-98 RESOLVED, that having considered letters from Brenda McManaway, Chairperson of the Frost PTSA Craft Show, dated July 15 and August 19, 1998, which request permission to display 36 signs announcing the craft show, which signs are approximately 18" x 24" in size and which will be located as follows. On the Northeast OR Southwest corners (unless otherwise noted) of: Newburgh and 8 Mile - SW only Levan and 5 Mile Newburgh and 7 Mile Levan and Schoolcraft Newburgh and 6 Mile Levan and Plymouth - NE only Newburgh and 5 Mile Newburgh and Schoolcraft Inkster and Schoolcraft - W side only Newburgh and Plymouth Inkster and Plymouth - W side only Farmington and 8 Mile - SW only Merriman and 8 Mile - SW only Farmington and 7 Mile Merriman and 7 Mile Farmington and 6 Mile Merriman and 6 Mile Farmington and 5 Mile Merriman and 5 Mile Farmington and Schoolcraft Merriman and Schoolcraft Farmington and Plymouth Merriman and Plymouth Farmington and Joy - NE only Merriman and Joy - NE only Middlebelt and 8 Mile - SW only Hix and Ann Arbor Road Middlebelt and 7 Mile Middlebelt and 6 Mile Middlebelt and 5 Mile Haggerty and 8 Mile - SE only Haggerty and 7 Mile Middlebelt and Schoolcraft Haggerty and 6 Mile 31146 Middlebelt and Plymouth Middlebelt and Joy - NE only which signs would be displayed from Sunday, November 1, 1998, through Sunday, November 8, 1998, and two signs measuring approximately 62"x 31" to be placed at the corners of Farmington and Lyndon and Stark and Schoolcraft, which signs would be displayed from Saturday, October 17, 1998, through Sunday, November 8, 1998, the Council does hereby grant and approve this request in the manner and form herein submitted. #631-98 RESOLVED, that having considered a letter from Helen M Oppat, dated July 29, 1998, representing the St. Aidan Women's Guild, which requests permission to display signs announcing St. Aidan's 15th Annual Craft Show to be held on Saturday, October 17, 1998, which signs are to be 18" x 24" in size and which will be displayed at all major intersections in the City from Friday, October 9, 1998, through Sunday, October 18, 1998, the Council does hereby grant and approve this request in the manner and form herein submitted. #632-98 RESOLVED, that having considered a letter from Gail Wilk, received in the Office of the City Clerk on August 3, 1998, which, in behalf of the St. Genevieve Elementary School, requests permission to place signs advertising a fund-raiser rummage sale to be conducted on Friday and Saturday, October 16 and 17, 1998, one 3-1/2' x 2-1/2' sign to be installed at the southeast corner of Jamison and Middlebelt on Friday, October 2, 1998, and the remaining five signs (not to exceed 3 square feet in size) to be installed on Friday, October 9, 1998, at the following intersections. Middlebelt and Schoolcraft (Northeast corner) Lyndon and Harrison (Northwest corner) Lyndon and Inkster (Southwest corner) Five Mile and Garden (West side of street) and all signs to be removed by 5 00 p m. on Saturday, October 17, 1998, the Council does hereby grant and approve this request in the manner and form herein requested. #633-98 RESOLVED, that having considered Petition 98-7-3-4, submitted by Mr Cliff M Alcantara, dated July 14, 1998, wherein a request is submitted for the vacating of a certain portion of the Harrison Avenue right-of-way located north of Six Mile Road adjacent to 28046 Six Mile Road, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance #634-98 RESOLVED, that having considered Petition 98-7-3-4, submitted by Mr Cliff M Alcantara, dated July 14, 1998, wherein a 31147 request is submitted for the vacating of a certain portion of the Harrison Avenue right-of-way located north of Six Mile Road adjacent to 28046 Six Mile Road, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation #635-98 RESOLVED, that having considered Petition 98-7-3-5, submitted by William and Lisa Flinchum, dated July 21, 1998, wherein a request is submitted for the vacating of a certain portion of the Oporto Avenue right-of-way adjacent to the property located at 30063 Morlock, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance #636-98 RESOLVED, that having considered Petition 98-7-3-5, submitted by William and Lisa Flinchum, dated July 21, 1998, wherein a request is submitted for the vacating of a certain portion of the Oporto Avenue right-of-way adjacent to the property located at 30063 Morlock, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. A communication from the Livonia Housing Commission, dated July 13, 1998, re Ziegler Place Section 8 Contract extension/renewal through August 9, 1999, was received and placed on file for the information of the Council #637-98 RESOLVED, that having considered a communication from the Director of Community Resources and the Director of Public Works, dated August 5, 1998, approved by the City Attorney and approved for submission by the Mayor, to which is attached a proposed contract for caretaking services at the Historical Village at Greenmead between the City of Livonia and Gregg Mabey, the term of which is August 18, 1998, through August 17, 1999, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the contract, as well as to do all other things necessary or incidental to the full performance of this resolution. #638-98 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated August 6, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, and which transmits resolution 2438- 98 adopted by the Parks and Recreation Commission, wherein the Commission has recommended that a fee be charged to non-residents for using the archery range, the Council does hereby take this means to approve of and concur in such action and does hereby establish a non- resident fee of$4 00 for adults and $2 00 for children for use of the City's archery range 31148 #639-98 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated August 5, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tern, and which transmits resolution 2437- 98 adopted by the Parks and Recreation Commission, wherein the Commission has recommended that picnic permits be issued for use at Clements Circle Park, Mies/Whitman Park and Shelden Park, and that the same fees, policies and rules be applied in this regard as those utilized for other parks for which picnic permits are required, the Council does hereby concur in and approve of such action. #640-98 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated August 4, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tern, the Council does hereby accept the bid of MasterCraft Coatings, Inc., 26927 W Eight Mile Road, Redford, Michigan 48240, for completing all work required in connection with the painting of various City facilities for the sum of$43,439 00, 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. #641-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 17, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached the final estimate dated July 13, 1998, the Council does hereby authorize final payment in the amount of $1,873 50 to ArborTech Tree Service, Inc., 3323 Metamora Road, Oxford, Michigan 48371, which sum includes the full and complete balance due in connection with the 1998 Tree and Stump Removal Program, which contract was authorized in Council Resolution 1007-97, adopted on December 8, 1997, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and the Council does hereby authorize the expenditure of an additional sum of$1,873 50 from the Municipal Refuse Fund (Account No 205-527-882-060) for this purpose #642-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated July 28, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a one-year extension of the existing contract with G & M Enterprises Ltd., 19614 W Eight Mile Road, Southfield, Michigan 48075, for completing all sweeping required for the 31149 City's 1998 Leaf Pickup Program at the unit prices bid in September, 1996, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 14004 of the Livonia Code of Ordinances, as amended #643-98 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and Director of Public Works, dated August 7, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tern, regarding a Final Change Order for additional work required in connection with the Asbestos Removal Contract previously authorized in Council Resolution 391-98, adopted on May 20, 1998, the Council does hereby appropriate and authorize the expenditure of the additional sum of$3,000 00 from the Unexpended Fund Balance of the Capital Improvement Fund No 401, to be paid to Certified Abatement Services, Inc., 3715 Gorey Avenue, Flint, Michigan 48506, for this additional work. #644-98 RESOLVED, that having considered 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, requesting approval to waive the bid process, accept a quotation and approve a budget transfer in connection with the purchase of a new surveillance vehicle and low light level color video camera to be utilized by the Intelligence Bureau, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #645-98 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated July 8, 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 forty (40) Orion Digital Voice/Data Radios for the Police Department from Ericsson, 4000 Town Center, Suite 610, Southfield, Michigan 48075, in the total amount of$125,720 00, the same to be appropriated and expended from Account Nos. 223-774-987-000 and 223-777-987-000 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 04 of the Livonia Code of Ordinances, as amended A communication from the Division of Police, dated July 27, 1998, re f administrative response to CR 529-98 -warm weather Police uniforms -was received and placed on file for the information of the Council 31150 #646-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 12, 1998, and a report and recommendation from the Chief of Police, dated August 6, 1998, approved for submission by the Mayor Pro Tern, the Council does hereby approve of the request from Mihailovich Enterprises, Inc. for transfer of ownership of a 1998 Class C licensed business with Official Permit (Food) from Leather Bottle Investments, Inc. for a business located at 20300 Farmington 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. #647-98 RESOLVED, that having considered a communication from the Department of Law, dated July 17, 1998, which bears the signature of the Director of Finance, is approved by the City Engineer and is approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a portion of the property located on the south side of Seven Mile Road between Merriman Road and Canterbury Drive, owned by Sarantos Kapsalis, Georgia Kapsalis and Diamond Kapsalis, which land is more particularly 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. 9 E., 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) Seven Mile Road Right-of-Way subject to the following conditions 1 That the purchase price shall be in the sum of$7,223 11, plus Seller's attorney fee, not to exceed $1,500 00; 2. That the City of Livonia may pay for any miscellaneous closing costs and taxes in a sum not to exceed $1,276 89; 3 And all other terms as set forth in the Right to Purchase Real Estate pertaining to the referenced property, signed by the sellers and dated July 10, 1998; BE IT FURTHER RESOLVED, that a sum not to exceed $10,000 00 is hereby authorized to be expended from the $12 Million General Obligation Road Improvement Bond Issue, approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the Department of Law is hereby requested to prepare and place in proper 31151 form such legal documents as may be necessary to consummate this transaction, and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the Mayor and City Clerk are hereby 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 #648-98 RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 29, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal and authorize the retaining of Plante & Moran, LLP, 27400 Northwestern Highway, P 0 Box 307, Southfield, Michigan 48037-0307, for providing professional services required in connection with the calculation of a right-of-way user fee for telecommunications providers in accordance with the model/methodology developed by PROTEC for a sum not to exceed $14,700 00; FURTHER, the Council does hereby appropriate and authorize an expenditure of a sum not to exceed $14,700 00 from the Unexpended Fund Balance of Cable Fund 297 for this purpose, 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 firm and to do all other things necessary or incidental to the full performance of this resolution. A communication from the Department of Law, dated July 31, 1998, re administrative response to CR 400-98 - regulation of home businesses by comparable and surrounding cities -was received and placed on file for the information of the Council #649-98 RESOLVED, that having considered a communication from the City Engineer, dated August 4, 1998, approved for submission by the Mayor Pro Tern, to which is attached a letter from Mr David R. Cesarz, received by the City of Livonia on June 23, 1998, requesting to remove sidewalks at 14927 Alexander Street, the Council does hereby deny this request since there are a significant number of sidewalks in the area and granting this request would be detrimental to the best interests of the City and its residents #650-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 22, 1998, which bears the signature of the Director of Finance, is approved the Director of Public Works and is approved for submission by the Mayor Pro Tern, with regard to the improvement of Hidden Lane, north of Five Mile Road (S.A.D No. 390) in the Southeast 1/4 of Section 14, the Council does hereby determine as follows REVISED PAGE - SEE CR #650-98 31152 To authorize a revision and amendment to Special Assessment District 390 in accordance with the revised assessment roll attached to the aforesaid communication so as to decrease the total assessment as set forth in the confirmed assessment roll for Special Assessment District 390 from $44,060 62 to $38,263 17, which amendment will reflect actual costs incurred in this project; To authorize the City Assessor to increase the assessments in the total amount of$6,932 78 for parcels listed in Attachment III, so as to include the cost of additional work requested by property owners within the assessment district; To establish the final project cost at $62,757 71, of which $45,195 95 is to be charged to the special assessment district and $17,561 76 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts; To authorize an expenditure in the amount of $62,757 71 from the General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($45,195 95) and from Local Road Account receipts of the Michigan Transportation Fund ($17,561 76), and the City Assessor, City Clerk and City Treasurer are hereby • authorized to do all other things necessary or incidental to the full performance of this resolution #651-98 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 1998, which transmits its resolution 7-109-98, adopted on July 14, 1998, with regard to Petition 98- 6-2-9, submitted by Summit Sport, Inc. requesting waiver use approval to operate a new and used sporting goods store within the Livonia Plaza Shopping Center located on the south side of Five Mile Road between Henry Ruff Road and Bainbridge Avenue in the Northwest 1/4 of Section 23, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98- 6-2-9 is hereby approved and granted #652-98 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 1998, which transmits its resolution 7-112-98, adopted on July 14, 1998, with regard to Petition 98- 6-2-12, submitted by John DelSignore requesting waiver use approval to utilize an SDM license in conjunction with an existing banquet hall facility located on the north side of Schoolcraft Road between 1-96 and Eckles Road in the Southwest 1/4 of Section 19, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98-6-2-12 is hereby approved and 31153 granted, subject to the condition that the SDM license shall be utilized only in conjunction with the carryout deli located in the banquet hall facility and that such use shall be limited to the same hours of operation as the deli #653-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 6, 1998, which transmits its resolution 7-124-98 adopted on July 28, 1998, with regard to Petition 98- 7-8-23 submitted by the Italian American Club, requesting site plan approval in connection with a proposal to construct an addition to the existing clubhouse/banquet facility located at 39200 Five Mile Road in the Southwest 1/4 of Section 18, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 98-7-8-23 is hereby approved and granted, subject to the following conditions - 1 That the Site Plan marked Sheet Al prepared by Forest Building Company, as received by the Planning Commission on June 29, 1998, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet A2 prepared by Forest Building Company, as received by the Planning Commission on June 29, 1998, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet A3 prepared by Forest Building Company, as received by the Planning Commission on June 29, 1998, is hereby approved and shall be adhered to, 6 That the building materials of the new addition shall match the building materials of the existing building so that upon completion the entire structure shall look as it if were constructed at one time, and 7 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building and the enclosure gates shall be maintained and, when not in use, closed at all times. 31154 #654-98 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, October 14, 1998, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) 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, north of Joy Road in the Southeast 1/4 of Section 36, from RUF to R-1, the City Planning Commission in its resolution 8-125-98 having recommended to the City Council that Petition 98-6-1-11 be approved; (2) 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, the City Planning Commission in its resolution 8-126-98 having recommended to the City Council that Petition 98-7-1-13 be approved, and (3) 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 of Zoning Ordinance 543 by adding Section 18 66 so as to impose bonding requirements pursuant to MCL 125 584e, the City Planning Commission in its resolution 8- 129-98 having recommended to the City Council that Petition 98-6- 6-4 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution #655-98 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 31155 Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, October 26, 1998, at 7 00 p m. at the City Hall, 33000 Civic Center Drive, ago Livonia, Michigan, with respect to the following item. Petition 98-7-1-14, submitted by Dale and Sylvia Bowerman for a change of zoning of property located on the south side of Ann Arbor Trail between Dowling Avenue and Newburgh Road in the Southwest 1/4 of Section 32, from R-1 to RC, the City Planning Commission in its resolution 8-127-98 having recommended to the City Council that Petition 98-7-1-14 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 amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Brosnan, Walsh, Vendersloot, Pastor, and Engebretson NAYS None On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #656-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 6, 1998, which transmits its resolution 7-123-98 adopted on July 28, 1998, with regard to Petition 98- 7-8-22 submitted by Terry Welker, on behalf of Eternal Tattoos, requesting site plan approval in connection with a proposal to construct an addition to the existing commercial building located at 27590 Plymouth Road in the Southeast 1/4 of Section 25, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 31156 Terry Welker, 2563 Pleasant Valley, Brighton, explained the reason for his absence at last week's Study Meeting On a motion by Laura, seconded by Vandersloot, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated August 11, 1998, submitted pursuant to Council Resolution 371-98, and a communication from the City Planning Commission, dated February 25, 1998, which sets forth its resolution 2-25-98 adopted on February 24, 1998, with regard to Petition 98-2-1-1, submitted by Leland Bittinger for a change of zoning of property located on the south side of Five Mile Road between Fairfield and Brookfield Avenue in the Northwest 1/4 of Section 22, from R-7 to R-1, and the Council having conducted a public hearing with regard to this matter on April 20, 1998, pursuant to Council Resolution 178-98, the Council does hereby approve Petition 98-2-1-1 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 Laura, Vandersloot, and Engebretson NAYS Duggan, Brosnan, Walsh, and Pastor The President declared the resolution denied A communication from the Economic Development Manager, dated August 13, 1998, re the request for a change of zoning by Leland Bittinger of property located on the south side of Five Mile Road between Fairfield and Brookfield Avenue in the Northwest 1/4 of Section 22 (Petition 98-2-1-1) was received and placed on file for the information of the Council On a motion by Duggan, seconded by Pastor, it was #657-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated August 11, 1998, submitted pursuant to Council Resolution 371-98, and a communication from the City Planning Commission, dated February 25, 31157 1998, which sets forth its resolution 2-25-98 adopted on February 24, 1998, with regard to Petition 98-2-1-1, submitted by Leland Bittinger for a change of zoning of property located on the south side of Five Mile Road between Fairfield and Brookfield Avenue in the Northwest 114 of Section 22, from R-7 to R-1, and the Council having conducted a public hearing with regard to this matter on April 20, 1998, pursuant to Council Resolution 178-98, the Council does hereby reject the recommendation of the Planning Commission and Petition 98-2-1-1 is hereby denied for the following reasons. 1 That the proposed change of zoning is inconsistent with the existing zoning and land uses in the areas to the north and east of the subject property; 2. That the proposed change of zoning is not needed to provide for a reasonable residential development scheme for the property; and 3 That the proposed change of zoning will not provide for the maximum development potential of the subject parcel A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Brosnan, Walsh, and Pastor imp NAYS Laura, Vandersloot, and Engebretson The President declared the resolution adopted On a motion by Laura, seconded by Duggan, and unanimously adopted, it was. #658-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated August 11, 1998, submitted pursuant to Council Resolution 515-98, regarding the request by Mr Gerald D Schopper to eliminate the sidewalk requirement and to waive the requirement to move the fire hydrant relative to 9012 Floral Avenue, the Council does hereby deny this request for the reason that the community is best served by installation of the sidewalk, which necessitates movement of the fire hydrant. On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #659-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated August 11, 1998, submitted pursuant to Council Resolution 515-98, 31158 regarding the request by Mr Gerald D Schopper to eliminate the sidewalk requirement and to waive requirement to move the fire hydrant relative to 9012 Floral Avenue, the Council does hereby determine that the City will be responsible for relocating the fire hydrant at this location and that the petitioner will be responsible for the costs associated with the installation of the sidewalk. On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was: #660-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated August 11, 1998, submitted pursuant to Council Resolution 240-98, and a request from Councilmember Val Vandersloot regarding the subject of a review of the current procedures utilized by the Assessor's Office for lot splits with respect to conforming lots, the Council does hereby determine to take no further action with respect to this matter Laura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 32 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 98-3-1-5) 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. Laura invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and Engebretson. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Walter Prpich, 31569 Perth, representing the DAV, asked the Council to give them a chance and vote in their favor with respect to the aforementioned rezoning request. 31159 On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #661-98 RESOLVED, that having considered a communication from the City Engineer, dated August 6, 1998, to which is attached a letter from Mr Abraham Dunn, 38231 Donald Street, Livonia, Michigan 48154, dated July 26, 1998, requesting reconsideration of the necessity for removal of the sidewalks adjoining his property and his obligation to pay for same, the Council does hereby determine to take no further action with respect to Mr Dunn's request to be exempted from the sidewalk removal requirements A communication from the Engineering Division, dated August 20, 1998, re: additional information on the request of Mr Abraham Dunn to waive sidewalk repair at 38231 Donald was received and placed on file for the information of the Council Abraham Dunn, 38231 Donald, stated that in his opinion, the sidewalk is in good repair and it would be a shame to tear it up to put another one in. On a motion by Pastor, seconded by Duggan, it was #662-98 RESOLVED, that having considered the report and • recommendation of the Public Utility Manager and the Director of Public Works, dated July 10, 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 (as revised) of Bedzyk Bros , Inc., 30057 W Eight Mile Road, Livonia, Michigan 48152, for completing all work required in connection with roof renovations at Clements Circle Pool, Botsford Pool and Ford Field concession stand (including permit fees and structural modifications to the existing roof decks at the pool buildings) for the sum of $88,975 00; FURTHER, the Council does hereby authorize the expenditure of the sum of $50,000 00 from funds already budgeted for this purpose in Account No 401-000-976-000 (Capital Outlay - Building Improvement) and does hereby authorize the additional expenditure of the sum of $38,975 00 from the Unexpended Fund Balance of the Capital Improvement Fund No 401 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 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Brosnan, Walsh, and Pastor 31160 NAYS Vandersloot and Engebretson The President declared the resolution adopted On a motion by Walsh, seconded by Vandersloot, it was. #663-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 6, 1998, which transmits its resolution 7-122-98, adopted on July 28, 1998, with regard to a Sign Permit Application, submitted by Metro-Detroit Signs, on behalf of Residence Inn, requesting approval to erect signage for the hotel located at 17250 Fox Drive in the Southwest 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions: 1 That the wall sign submitted by Metro-Detroit Signs, as received by the Planning Commission on July 23, 1998, is hereby approved and shall be adhered to, 2. That the ground sign submitted by Metro-Detroit Signs, as received by the Planning Commission on July 7, 1998, is hereby approved and shall be adhered to; and 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Walsh, Vandersloot, Pastor, and Engebretson. NAYS Brosnan The President declared the resolution adopted Maurice Taitt, Regional Design Manager for the Marriott, 5151 Beltline Road, Dallas, Texas, addressed the sign package requested now and what would be requested in the future with respect to the Residence Inn and two (2) other hotels proposed to be put in that same area in the near future A communication from the Marriott, dated August 20, 1998, re sign package requested for the Residence Inn by Marriott on Fox Drive was received and placed on file for the information of the Council 31161 On a motion by Brosnan, seconded by Laura, and unanimously adopted, ILit was #664-98 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 1998, which transmits its resolution 7-113-98 adopted on July 14, 1998, with regard to Petition 98- 6-3-3, submitted by Zef Martin lvezaj, requesting to vacate the remaining portion of Laurel Avenue right-of-way situated between Lots 8 and 9 of Fair Way Subdivision located south of Eight Mile Road between Ellen Drive and Gill Road in the Northwest 1/4 of Section 4, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 98-6-3-3, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. On a motion by Duggan, seconded by Laura, it was. #665-98 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 1998, which transmits its resolution 7-111-98, adopted on July 14, 1998, with regard to Petition 98- 6-2-11, submitted by Mt. Hope Memorial Gardens requesting waiver use approval to erect a 6800 sq. ft. mausoleum within Mt. Hope Memorial Gardens located on the east side of Middlebelt Road between Six Mile Road and Pickford Avenue in the Southwest 1/4 of Section 12, which property is zoned AG, 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 Duggan, Laura, Brosnan, Vandersloot, Pastor, and Engebretson. NAYS Walsh. The President declared the resolution adopted. A communication from Mt. Hope Memorial Gardens, dated August 19, 1998, re additional information with respect to Petition 98-6-2-11, waiver use approval to erect a 6,800 sq. ft. mausoleum, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was: 31162 #666-98 RESOLVED, that having considered a communication from the City Planning Commission, dated July 29, 1998, which sets forth its resolution 7-116-98, adopted on July 28, 1998, with regard to a request from Gordon Food Services, Inc., dated July 20, 1998, for a one-year extension of the approval of Petition 97-8-8-20 in connection with the approval of all plans for a proposal to construct a commercial building on property located at 17700 Middlebelt Road in the Southwest 1/4 of Section 12, previously granted in Council Resolution 748-97, adopted on September 10, 1997, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant the requested extension for a one-year period, subject to the following condition. That the request for a one-year extension of Site Plan approval by Gordon Food Service, in a letter dated July 20, 1998, for a one- year extension of Petition 97-8-8-20 and Council Resolution 748- 97, is hereby approved subject to all conditions and requirements set forth in the original resolution. On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was. #667-98 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated August 5, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, the Council does, for and on behalf of the City of Livonia, accept the gift of 180,000 golf scorecards (value of $4,860 00) from Henry Ford Hospital and Mr Mario Agosta, Health Alliance Plan, for use at the City's golf courses, and a cash donation in the amount of$500 00 from Mr Jim White, Ted Nugent - United Sportsmen of America, for use in connection with the Livonia archery range. On a motion by Laura, seconded by Duggan, it was. WHEREAS, an initiatory petition has been submitted by Mr Harold Dunne on August 10, 1998, requesting amendments to the Livonia Zoning Ordinance relating to a limitation on the number of children to be cared for in a residential home, WHEREAS, the Council of the City of Livonia has determined that such proposal should be submitted to the electors pursuant to Chapter IV, Section 29(b) of the City Charter; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Livonia does hereby determine to submit to the electors the proposal that the Livonia Zoning Ordinance be amended by changing Sections 4 02 31163 and 4 03 of Zoning Ordinance No 543, as amended, which changed sections shall read as follows Section 4.02. Permitted Uses. In all R-1 through R-5 Districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses (a) One family dwellings (b) Public schools and public libraries, fire stations and police stations (c) Municipally owned and operated parks, playgrounds and recreational areas when open and available for use by the residents of the City of Livonia. (d) Temporary buildings or structures for uses incidental to the construction of residential dwellings and improvements, which buildings shall be removed immediately upon completion or abandonment of the construction work. (e) Golf courses, public and private, including club house facilities, but not including miniature golf courses or golf driving ranges operated for either commercial or non-commercial purposes (f) Gardening and the growing of vegetables, fruits, flowers, shrubs • and trees, provided such items are not offered for sale on the property (g) Accessory buildings or uses customarily incidental to any of the above permitted uses, when located on the same or adjoining lot and not involving any business, profession, trade or occupation. Instruction in a craft or fine art within a residence by an occupant of that residence as a home occupation shall be considered a legal accessory use, provided, however, that said home occupation shall comply with Section 2 08(4) of the Zoning Ordinance, further, that said home occupation shall result in the off-street parking of no more than two (2) vehicles, further, that instruction shall be prohibited between the hours of 11 00 p m and 7 00 a.m , further, that all applicable local, state and federal environmental, noise and advertising regulations shall be met; and further, that in the event that chemical and/or toxic-based materials will be utilized in connection with said home occupation, the owner or occupant of the property shall register same with the Building Official prior to use of the residence for said home occupation in order to insure compliance with all local, state and federal environmental regulations One (1) private garage for each residential lot in which there is housed not more than three (3) other vehicles, not more than one (1) of which may be a commercial vehicle, shall be 31164 considered a legal accessory use, provided, however, that any such commercial vehicle shall not exceed three-quarter (3/4) ton capacity, and shall be kept housed within a garage when not in use, and provided further that no moving vans shall be housed in private garages The storage or parking or use of moving vans, automobile trailers, trailer coaches, bus or street car bodies, or similar dwellings, tourist cabins, or tents shall not be allowed or considered a legal accessory use in any R-1 through R-5 District. This shall not prohibit the storage in the rear yard only of one (1) unoccupied recreational equipment unit which is the property of the occupants The temporary parking of one (1) recreational equipment unit on the recreational equipment owner's or user's front or side driveway shall be permitted for a period not to exceed thirty-six (36) hours cumulatively in any seven (7) day period for the purpose of repairing and maintaining the recreational equipment unit for suitable vacation use (h) A "FAMILY DAY CARE HOME," AS DEFINED BY PUBLIC ACT 1973, NO 116 OF THE STATE OF MICHIGAN, AS AMENDED, AS A PRIVATE HOME IN WHICH ONE (1) BUT FEWER THAN SEVEN (7) MINOR CHILDREN ARE RECEIVED FOR CARE AND SUPERVISION FOR PERIODS OF LESS THAN TWENTY-FOUR (24) HOURS A DAY, UNATTENDED BY A PARENT OR LEGAL GUARDIAN, EXCEPT CHILDREN RELATED TO AN ADULT MEMBER OF THE FAMILY BY BLOOD, MARRIAGE, OR ADOPTION, FOR MORE THAN FOUR (4) WEEKS DURING A CALENDAR YEAR, PROVIDED, HOWEVER, THAT AN OWNER OR OCCUPANT OF SAID RESIDENCE IS A LICENSEE IN GOOD STANDING PURSUANT TO PA 1973, NO 116, AS AMENDED, AND HAS REGISTERED WITH THE CITY CLERK. NO SIGN SHALL BE USED OTHER THAN ONE (1) NON-ILLUMINATED NAME PLATE ATTACHED TO THE BUILDING ENTRANCE WHICH IS NOT MORE THAN ONE (1) SQUARE FOOT IN AREA. Section 4.03 Waiver Uses. The following uses are permitted upon review and submission of findings by the City Planning Commission and approved by the City Council Such use shall be approved only if the proposal for such use complies with the special requirements and regulations provided therefor and with the standards set forth in Section 19 06 of this ordinance (a) Churches, if situated on a parcel of land at least two (2) acres in area, including parish houses, convents, rectories and parochial schools, and private educational institutions, and accessory uses such as, but not limited to, fund raising events (which may include commercial entertainment) 31165 (b) Privately owned and operated parks, picnic groves or similar facilities using open land only for outdoor exercises and recreation, which are not operated for profit; provided that the written consent of at least sixty (60) percent of the owners of residential property located within a three hundred sixty (360) foot radius of site perimeter is first filed with the Inspection Department. (c) Community buildings, not expressly permitted in Section 4 01, country clubs or similar civic club buildings (but not a residential club operated as a commercial enterprise) provided that the written consent of at least sixty (60) percent of the owners of residential property located within a three hundred sixty (360) foot radius of the site perimeter is first filed with the Inspection Department and provided further that the building shall be situated on a parcel of land at least two (2) acres in area. (d) Privately owned and operated neighborhood, community, or club swimming pools when the owner or owners are all bona fide residents of the City of Livonia and such use can comply with the following special requirements. ( 1) The use shall be erected and located on a satisfactory site that is at least four (4) acres in area, ( 2) Front, side and rear yards shall each be at least twenty (20) feet wide, ( 3) The pool shall not be constructed within fifty (50) feet of any existing public street right-of-way as measured from the edge of the water; ( 4) The pool shall not be constructed within three hundred (300) feet of any existing residence as measured from the edge of the water; ( 5) Off-street parking facilities shall be provided on the premises to accommodate one-third (1/3) of the total member families and/or individual members of the organization constructing the pool, ( 6) A parking and traffic plan showing the planned provisions for parking and ingress and egress for pedestrian and motor vehicle traffic approved by the Police and Fire Departments shall be filed with the Inspection Department as a condition precedent to the issuance of the permit; ( 7) All front, side and rear yards of the premises shall be landscaped with trees, shrubs and grass, 31166 ( 8) A landscaping plan and time schedule approved by the Parks and Recreation Department shall be filed with the Inspection Department as a condition precedent to the issuance of the permit; ( 9) Buildings erected on the premises in connection with such use shall in no case exceed one (1) story in height except where, as a result of the peculiar topography of the premises, a lower level can be constructed entirely below the grade of the public street abutting or adjacent to such premises, in which case the same shall be permitted, and lighting facilities erected on the premises shall not exceed twenty (20) feet in height; (10) A storm water plan, approved by the Engineering Division of the Department of Public Works, shall be filed with the Inspection Department as a condition precedent to the issuance of a permit in those cases where storm sewers are not available, or if available the capacity is not ample to service the pool facilities, (11) As a condition precedent to the issuance of a building permit for such pool, there shall be on file in the office of the Inspection Department the written consent of sixty (60) percent of all residential property owners within a radius of three hundred sixty (360) feet of the perimeter of the premises whereon the proposed pool facilities are to be constructed and operated; and provided further, that such use complies with all other applicable rules, regulations and ordinances of the City of Livonia. In order that the City Planning Commission might properly determine whether or not the requirements provided herein have and can be complied with, there shall be filed with the City Planning Commission a certified copy of the Articles of Incorporation and bylaws of the private swimming pool club or organization, a plot plan drawn to scale showing the location of the premises on which the private swimming pool and related recreational facilities are to be situated and showing also the dimensions and area of such proposed area, and the location of all residences and other building, structures and public streets within one thousand (1,000) feet of such premises as measured from each of the property lines of the property site, and a separate development plan of the proposed site showing the size and location of all facilities to be situated thereon, and the size and location of all front, rear and side yards and the length, width and location of all driveways and parking facilities to be located on the 31167 proposed site For the purpose of this ordinance, the term "neighborhood," "community," or "club" pool shall mean that the pool is owned and operated by a private swimming club or similar organization for the sole and exclusive use of its members of such club, their families and guests. (e) Public utility buildings, telephone exchanges, transformer stations and substations. (f) Open Space Planned Residential Developments in R-4 and R-5 Districts subject to the requirements and provisions of Article XX of this ordinance (g) Bed and breakfast establishments provided that: ( 1) Such use shall be located on a lot or parcel of no less than one-half (1/2) acre in area or in a residential structure containing no less than 2,000 square feet of living space ( 2) Off-street parking shall be provided in the rear or side yard, behind the front building setback line, in an amount equal to one (1) parking space per bedroom. For parcels abutting an exterior side street, parking shall not be closer to the street than the principal structure Such parking lot shall be improved with a minimum of four (4) inches of concrete or plant mixed asphalt. Natural screening by use of plant material or other screening by use of fencing shall be utilized to screen parking areas from adjoining residential properties. ( 3) Such use shall have direct access to a public street having an existing or planned width of at least eighty-six (86) feet or more as designated on the Master Thoroughfare Plan ( 4) Such establishments shall be run by persons who own and occupy the premises for residential purposes. ( 5) Not more than six (6) bedrooms in the bed and breakfast establishment shall be used for bed and breakfast sleeping rooms ( 6) No garage shall be used for bed and breakfast sleeping rooms law ( 7) The dwelling to be used as a bed and breakfast establishment shall have at least two (2) usable exits. 31168 ( 8) No accessory buildings shall be used for bed and breakfast sleeping rooms unless they were originally constructed to accommodate housing use ( 9) One (1) sign identifying the bed and breakfast establishment shall be permitted if such sign complies with all the requirements of Section 18 50E of this ordinance (10) Such establishments shall comply with all applicable local, county, state and federal ordinances, laws, rules, regulations and codes (11) Guest occupancy shall be no longer than fourteen (14) consecutive days. (12) No more than four (4) occupants per room shall be allowed. (13) There shall be no cooking facilities for use by the occupants of the bed and breakfast sleeping rooms (14) Lavatory and bathing facilities shall be available for all persons utilizing the bed and breakfast establishment. (15) A fire escape plan shall be developed and graphically displayed in each guest room A smoke detector in proper working order shall be placed in every sleeping room and a fire extinguisher in proper working order shall be placed on every floor The site shall be reviewed by the Fire Marshall pursuant to the standards contained in the Fire Prevention Code as to the necessity for fire lanes. (16) All bed and breakfast establishments shall be required to obtain a business license under Chapter 5 42 of the Livonia Code of Ordinances and shall not conduct operations until such license has been obtained pursuant to that chapter All bed and breakfast operations shall submit to annual inspections by the Building and Fire Departments Renewal of a business license shall be contingent upon compliance with applicable codes, as verified by such inspectors. (h) A"GROUP DAY CARE HOME,"AS DEFINED BY PA 1973, NO 116, AS AMENDED, AS A PRIVATE HOME IN WHICH MORE THAN SIX (6) BUT NOT MORE THAN TWELVE (12) MINOR CHILDREN ARE GIVEN CARE AND SUPERVISION FOR PERIODS OF LESS THAN TWENTY-FOUR (24) HOURS A DAY UNATTENDED BY A PARENT OR LEGAL GUARDIAN, EXCEPT CHILDREN RELATED TO AN ADULT MEMBER OF THE FAMILY BY BLOOD, MARRIAGE OR ADOPTION, FOR MORE THAN 31169 FOUR (4) WEEKS DURING A CALENDAR YEAR, PROVIDED THAT ( 1) THE OWNER OR OCCUPANT OF SAID RESIDENCE IS A LICENSEE IN GOOD STANDING WITH THE STATE OF MICHIGAN PURSUANT TO PA 1973, NO 116, AS AMENDED; ( 2) THE OWNER OR OCCUPANT OF SAID RESIDENCE HAS REGISTERED WITH THE CITY CLERK, ( 3) THE FACILITY IS THE PRINCIPAL RESIDENCE OF THE PROVIDER, ( 4) THE RESIDENCE HAS DIRECT ACCESS TO A PUBLIC STREET THAT HAS A WIDTH OF AT LEAST EIGHTY-SIX (86) FEET (COLLECTOR ROADS) AS DESIGNATED ON THE MASTER THOROUGHFARE PLAN; ( 5) THE USE SHALL NOT RESULT IN TRAFFIC CONGESTION OR HAZARDOUS TRAFFIC CONDITIONS, ( 6) A DROP-OFF/PICKUP AREA SHALL BE PROVIDED WHERE THE RESIDENCE IS LOCATED ON A MASTER THOROUGHFARE AS DEFINED IN THIS ORDINANCE IN ORDER TO PREVENT VEHICLES FROM BACKING ONTO THE ROADWAY, ( 7) THE USE SHALL NOT INVOLVE AN INCREASE IN ON- STREET PARKING BY MORE THAN TWO (2) ADDITIONAL VEHICLES AT A TIME, ( 8) ALL HEALTH AND SAFETY REQUIREMENTS ESTABLISHED BY THE STATE OF MICHIGAN SHALL BE MET, ( 9) THERE SHALL BE NO DROPPING OFF OR PICKING UP OF CHILDREN BETWEEN THE HOURS OF 1000 P M. AND 600 A.M., (10) NO STRUCTURAL CHANGES OR EXTERIOR ALTERATIONS SHALL BE MADE WHICH WOULD ALTER THE RESIDENTIAL CHARACTER OF THE DWELLING EXCEPT FOR THOSE NECESSARY TO COMPLY WITH THE STATE OF MICHIGAN LICENSING RULES APPLICABLE TO GROUP DAY CARE HOMES, 31170 (11) SUCH USE SHALL PROVIDE AND MAINTAIN AN OUTDOOR PLAY SPACE EQUAL IN AREA TO AT LEAST ONE HUNDRED FIFTY (150) SQUARE FEET PER CHILD AND IN ANY EVENT SUCH PLAY SPACE SHALL HAVE A TOTAL MINIMUM AREA OF NOT LESS THAN ONE THOUSAND TWO HUNDRED (1,200) SQUARE FEET, (12) THE RESIDENCE WILL HAVE APPROPRIATE FENCING WHICH SHALL ENCOMPASS THE ENTIRE OUTDOOR PLAY SPACE OR, IN THE ALTERNATIVE, RELIEF FROM THIS REQUIREMENT MAY BE SOUGHT UPON APPEAL TO THE ZONING BOARD OF APPEALS, (13) THE USE WILL COMPLY WITH ALL NOISE STANDARDS AND OTHER PROVISIONS CONTAINED IN CHAPTER 8.24 (NUISANCES) AND CHAPTER 8.32 (NOISE CONTROL) OF THE LIVONIA CODE OF ORDINANCES, (14) NO SIGN SHALL BE USED OTHER THAN ONE (1) NON- ILLUMINATED NAME PLATE ATTACHED TO THE ENTRANCE OF THE RESIDENCE WHICH IS NOT MORE THAN ONE (1) SQUARE FOOT IN AREA, THERE SHALL BE NO GRANDFATHERING OF EXISTING GROUP DAY CARE HOMES AND THIS SUBSECTION SHALL APPLY TO ALL NEW OR EXISTING GROUP DAY CARE HOMES EXISTING GROUP DAY CARE HOMES SHALL HAVE SIXTY(60) DAYS FROM THE EFFECTIVE DATE OF THIS SUBSECTION TO COMPLY WITH THE PROVISIONS HEREIN RESOLVED FURTHER, that the provisions of the existing sections of Zoning Ordinance No 543, as amended, which are altered, abrogated or affected by this proposal, if adopted now read as follows Section 4.02. Permitted Uses. In all R-1 through R-5 Districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: (a) One family dwellings (b) Public schools and public libraries, fire stations and police stations. (c) Municipally owned and operated parks, playgrounds and recreational areas when open and available for use by the residents of the City of Livonia. (d) Temporary buildings or structures for uses incidental to the construction of residential dwellings and improvements, which 31171 buildings shall be removed immediately upon completion or abandonment of the construction work. (e) Golf courses, public and private, including club house facilities, but not including miniature golf courses or golf driving ranges operated for either commercial or non-commercial purposes. (f) Gardening and the growing of vegetables, fruits, flowers, shrubs and trees, provided such items are not offered for sale on the property (g) Accessory buildings or uses customarily incidental to any of the above permitted uses, when located on the same or adjoining lot and not involving any business, profession, trade or occupation. Instruction in a craft or fine art within a residence by an occupant of that residence as a home occupation shall be considered a legal accessory use, provided, however, that said home occupation shall comply with Section 2.08(4) of the Zoning Ordinance, further, that said home occupation shall result in the off-street parking of no more than two (2) vehicles, further, that instruction shall be prohibited between the hours of 11 00 p m. and 7 00 a.m., further, that all applicable local, state and federal environmental, noise and advertising regulations shall be met; and further, that in the event that chemical and/or toxic-based materials will be utilized in connection with said home occupation, the owner or occupant of the property shall register same with the Building Official prior to use of the residence for said home occupation in order to insure compliance with all local, state and federal environmental regulations One (1) private garage for each residential lot in which there is housed not more than three (3) other vehicles, not more than one (1) of which may be a commercial vehicle, shall be considered a legal accessory use, provided, however, that any such commercial vehicle shall not exceed three-quarter (3/4) ton capacity, and shall be kept housed within a garage when not in use, and provided further that no moving vans shall be housed in private garages The storage or parking or use of moving vans, automobile trailers, trailer coaches, bus or street car bodies, or similar dwellings, tourist cabins, or tents shall not be allowed or considered a legal accessory use in any R-1 through R-5 District. This shall not prohibit the storage in the rear yard only of one (1) unoccupied recreational equipment unit which is the property of the occupants The temporary parking of one (1) recreational equipment unit on the recreational equipment owner's or user's front or side driveway shall be permitted for a period not to exceed thirty-six (36) hours cumulatively in any seven (7) day period for the purpose of repairing and maintaining the recreational equipment unit for suitable vacation use 31172 Section 4.03 Waiver Uses. The following uses are permitted upon review and submission of findings by the City Planning Commission and approved by the City Council Such use shall be approved only if the proposal for such use complies with the special requirements and regulations provided therefor and with the standards set forth in Section 19 06 of this ordinance (a) Churches, if situated on a parcel of land at least two (2) acres in area, including parish houses, convents, rectories and parochial schools, and private educational institutions, and accessory uses such as, but not limited to, fund raising events (which may include commercial entertainment) (b) Privately owned and operated parks, picnic groves or similar facilities using open land only for outdoor exercises and recreation, which are not operated for profit; provided that the written consent of at least sixty (60) percent of the owners of residential property located within a three hundred sixty (360) foot radius of site perimeter is first filed with the Inspection Department. (c) Community buildings, not expressly permitted in Section 4 01, country clubs or similar civic club buildings (but not a residential club operated as a commercial enterprise) provided that the written consent of at least sixty (60) percent of the owners of residential property located within a three hundred sixty (360) foot radius of the site perimeter is first filed with the Inspection Department and provided further that the building shall be situated on a parcel of land at least two (2) acres in area. (d) Privately owned and operated neighborhood, community, or club swimming pools when the owner or owners are all bona fide residents of the City of Livonia and such use can comply with the following special requirements ( 1) The use shall be erected and located on a satisfactory site that is at least four (4) acres in area, ( 2) Front, side and rear yards shall each be at least twenty (20) feet wide, ( 3) The pool shall not be constructed within fifty (50) feet of any existing public street right-of-way as measured from the edge of the water; ( 4) The pool shall not be constructed within three hundred (300) feet of any existing residence as measured from the edge of the water; 31173 ( 5) Off-street parking facilities shall be provided on the premises to accommodate one-third (1/3) of the total member families and/or individual members of the organization constructing the pool, ( 6) A parking and traffic plan showing the planned provisions for parking and ingress and egress for pedestrian and motor vehicle traffic approved by the Police and Fire Departments shall be filed with the Inspection Department as a condition precedent to the issuance of the permit; ( 7) All front, side and rear yards of the premises shall be landscaped with trees, shrubs and grass, ( 8) A landscaping plan and time schedule approved by the Parks and Recreation Department shall be filed with the Inspection Department as a condition precedent to the issuance of the permit; ( 9) Buildings erected on the premises in connection with such use shall in no case exceed one (1) story in height except where, as a result of the peculiar topography of the premises, a lower level can be constructed entirely below the grade of the public street abutting or adjacent to such premises, in which case the same shall be permitted, and lighting facilities erected on the premises shall not exceed twenty (20) feet in height; (10) A storm water plan, approved by the Engineering Division of the Department of Public Works, shall be filed with the Inspection Department as a condition precedent to the issuance of a permit in those cases where storm sewers are not available, or if available the capacity is not ample to service the pool facilities; (11) As a condition precedent to the issuance of a building permit for such pool, there shall be on file in the office of the Inspection Department the written consent of sixty (60) percent of all residential property owners within a radius of three hundred sixty (360) feet of the perimeter of the premises whereon the proposed pool facilities are to be constructed and operated; and provided further, that such use complies with all other applicable rules, regulations and ordinances of the City of Livonia. In order that the City Planning Commission might properly determine whether or not the requirements provided herein have and can be complied with, there shall be filed with the City 31174 Planning Commission a certified copy of the Articles of Incorporation and bylaws of the private swimming pool club or organization, a plot plan drawn to scale showing the location of the premises on which the private swimming pool and related recreational facilities are to be situated and showing also the dimensions and area of such proposed area, and the location of all residences and other building, structures and public streets within one thousand (1,000) feet of such premises as measured from each of the property lines of the property site, and a separate development plan of the proposed site showing the size and location of all facilities to be situated thereon, and the size and location of all front, rear and side yards and the length, width and location of all driveways and parking facilities to be located on the proposed site For the purpose of this ordinance, the term "neighborhood," "community," or "club" pool shall mean that the pool is owned and operated by a private swimming club or similar organization for the sole and exclusive use of its members of such club, their families and guests. (e) Public utility buildings, telephone exchanges, transformer stations and substations (f) Open Space Planned Residential Developments in R-4 and R-5 Districts subject to the requirements and provisions of Article XX of this ordinance (g) Bed and breakfast establishments provided that. ( 1) Such use shall be located on a lot or parcel of no less than one-half(1/2) acre in area or in a residential structure containing no less than 2,000 square feet of living space ( 2) Off-street parking shall be provided in the rear or side yard, behind the front building setback line, in an amount equal to one (1) parking space per bedroom. For parcels abutting an exterior side street, parking shall not be closer to the street than the principal structure. Such parking lot shall be improved with a minimum of four (4) inches of concrete or plant mixed asphalt. Natural screening by use of plant material or other screening by use of fencing shall be utilized to screen parking areas from adjoining residential properties ( 3) Such use shall have direct access to a public street having an existing or planned width of at least eighty-six (86) feet or more as designated on the Master Thoroughfare Plan 31175 ( 4) Such establishments shall be run by persons who own and occupy the premises for residential purposes ( 5) Not more than six (6) bedrooms in the bed and breakfast amp establishment shall be used for bed and breakfast sleeping rooms. ( 6) No garage shall be used for bed and breakfast sleeping rooms ( 7) The dwelling to be used as a bed and breakfast establishment shall have at least two (2) usable exits. ( 8) No accessory buildings shall be used for bed and breakfast sleeping rooms unless they were originally constructed to accommodate housing use ( 9) One (1) sign identifying the bed and breakfast establishment shall be permitted if such sign complies with all the requirements of Section 18 50E of this ordinance (10) Such establishments shall comply with all applicable local, county, state and federal ordinances, laws, rules, regulations and codes (11) Guest occupancy shall be no longer than fourteen (14) consecutive days (12) No more than four (4) occupants per room shall be allowed (13) There shall be no cooking facilities for use by the occupants of the bed and breakfast sleeping rooms. (14) Lavatory and bathing facilities shall be available for all persons utilizing the bed and breakfast establishment. (15) A fire escape plan shall be developed and graphically displayed in each guest room A smoke detector in proper working order shall be placed in every sleeping room and a fire extinguisher in proper working order shall be placed on every floor The site shall be reviewed by the Fire Marshall pursuant to the standards contained in the Fire Prevention Code as to the necessity for fire lanes (16) All bed and breakfast establishments shall be required to obtain a business license under Chapter 5 42 of the Livonia Code of Ordinances and shall not conduct operations until such license has been obtained pursuant to that chapter All 31176 bed and breakfast operations shall submit to annual inspections by the Building and Fire Departments Renewal of a business license shall be contingent upon compliance with applicable codes, as verified by such inspectors RESOLVED FURTHER, that the proposed amendments to the Zoning Ordinance shall be and the same are ordered to be submitted to the qualified electors of the City at the General Election to be held on November 3, 1998, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Zoning Ordinance amendments to the vote of the electors as required by law RESOLVED FURTHER, that the proposed amendments shall be submitted to electors in the following form, to wit: CITY OF LIVONIA PROPOSITION BALLOT LIVONIA ZONING ORDINANCE AMENDMENT Do you favor amending the Livonia Zoning Ordinance to allow in-home state licensed child care of 1 to 6 non-family members as a permitted use in residential districts and, if the home has direct access to a street at least 86 feet wide, child care of 7 to 12 non-family members as a waiver use in such districts and to provide that no grandfather clause shall be allowed regarding existing in-home child care facilities and that facilities exceeding the allowable number of children shall have 60 days from the effective date of this ordinance to comply? Yes I I No I I RESOLVED FURTHER, that the proposed amendments shall be published in full, together with the existing ordinance provisions altered, abrogated or affected hereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said General Election to be held on November 3, 1998 The following individual from the audience spoke in favor of the proposed resolution. Harold Dunne, 18745 Fairway For various reasons as stated in their personal statements, the following individuals were opposed to the proposed resolution. 31177 1) Karen Egan, 18694 Golfview 2) Milton Holley, 14821 Farmington Road 3) Pat Naud, 33945 Roycroft 4) Arthur Wiard, 19647 Merriman Court 5) Richard McLain, 11326 Hubbard 6) Sandy Seykell, 34495 Wood Drive 7) Catherine Young, 29581 Puritan 8) David Miller, 15743 Penn Drive 9) Mary Beth Ronayne Matherly, 11011 Arden 10) Sue Petta, 30230 Hathaway 11) Jessica Burley Shettleroe, 18299 Brady, Redford 12) Margaret Mitra, 9816 Ingram 13) Andrea Oquist, 15986 Shadyside 14) Eileen Wallace, 9619 Roseland 15) Jeanette Rader, 19549 Purlingbrook 16) Jean Thompson, 18615 Floral 17) Julie Cabbie, 15744 Doris 18) Barbara Boyke, 32417 Six Mile 19) Jerry Perez, 16148 Henry Ruff 20) Patrick Nalley, 37674 Bristol Court 21) Michael Duff, 29633 West Chicago 22) Barbara Bovia, 6307 Glastonbury, Westland 23) Suzanne Duff, 29910 McIntyre 24) Lynn Hazlett, 14103 Blue Skies 25) Sharron Brown, 35573 Leon 26) Heather Burley, 14103 Blue Skies 27) William Fried, 16009 Riverside 28) Rita Deflaviis, 19657 Ashley Court 29) Linda Medan (??), 32749 Comanche, Westland 30) Sherri Robak, 36880 Clarita 31) Amy Martin, 37655 Margareta 32) Tony Pashigian, 12936 Andover Drive, Plymouth 33) Leland Lenehan, 16690 Blue Skies 34) Jerry Tuyo, 14395 Sunbury 35) Cynthia Taaffee, 18972 Melvin 36) Carlo lacobelli, 16585 Surrey 37) Debbie Shaw, 31411 Scone 38) Kevin Gagnon, 9814 Blackburn 39) Julie Antishin, 18384 Levan 40) John Holmes, 14228 Garden 41) Paula Kallsen, 29761 Orangelawn 42) Ann Lenehan, 16690 Blue Skies 43) Jim Burd, 14471 Parklane 44) Colette Burney, 11310 E. Clements Circle 45) Edward Hansen, 9723 Middlebelt Road 46) Mike Seykell 47) Susan Helmer, 29646 Mason 31178 48) Jackie Solack, 15082 Golfview; and On a motion by Laura, it was RESOLVED, that the Council does hereby call the previous question and end debate The President declared the motion denied for lack of support. 49) Randy Egan, 18694 Golfview On a motion by Laura, it was. RESOLVED, that the Council does hereby call the previous question and end debate The President declared the motion denied for lack of support. Lengthy discussion among the Council Members then took place A roll call vote was then taken on the foregoing resolution to forward this matter to Wayne County to be placed on the General Election Ballot with the following result: AYES Laura and Vandersloot. NAYS Duggan, Brosnan, Walsh, Pastor, and Engebretson. The President declared the resolution denied. On a motion by Walsh, seconded by Brosnan, it was- RESOLVED, that the Council does hereby determine to refer the subject matter of the petition submitted by Mr Harold Dunne regarding proposed ordinance changes for in-home, state-licensed child care to the Legislative Committee for its report and recommendation. Walsh and Brosnan withdrew their motions on the foregoing resolution On a motion by Pastor, seconded by Walsh, and unanimously adopted, it was. #668-98 RESOLVED, that the Council hereby determines to receive and place on file for the information of the Council the petition submitted by Mr Harold Dunne regarding proposed ordinance changes for in-home, state-licensed child care 31179 A communication from the Department of Law, dated August 21, 1998, re proposed ordinance language in accordance with the initiative petition submitted by Mr Harold Dunne was received and placed on file for the information of the Council A communication from the Department of Law, dated August 21, 1998, re - proposed resolution with respect to the initiative petition submitted by Mr Harold Dunne was received and placed on file for the information of the Council A communication from the Department of Law, dated August 20, 1998, re administrative response to Council Resolutions 402-98 and 403-98 - proposed ordinance amendment to allow large in-home day care providers to obtain a conditional use permit for homes of 7 to 12 children which meet established criteria, and a proposed ordinance amendment addressing and permitting in-home child care businesses -was received and placed on file for the information of the Council A communication from the Department of Law, dated August 24, 1998, re • explanation of the four (4) possible courses of action with respect to the petition submitted by Mr Harold Dunne regarding proposed ordinance changes for in-home, state-licensed child care was received and placed on file for the information of the Council On a motion by Laura, seconded by Duggan, and unanimously adopted, it was. #669-98 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda. On a motion by Laura, seconded by Duggan, it was #670-98 RESOLVED, that having considered a communication from the Department of Law, dated August 21, 1998, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be 31180 held on Monday, August 31 , 1998, at 7 00 p m , for the purposes of discussing pending litigation with respect to Tandy Corporation v City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and Engebretson. NAYS None The President declared the resolution adopted. During audience communication, Ralph Williams, 18630 Foch, addressed the issue of closed committee meetings On a motion by Laura, seconded by Duggan, and unanimously adopted, this 1,375th Regular Meeting of the Council of the City of Livonia was adjourned at 12:14 a.m., August 25, 1998 -7/2& siott Joa cCotter, City Clerk s