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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-11-13 29869 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND THIRTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 13, 1996, 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 Feenstra delivered the invocation Roll was called with the following result: Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, and Joe Laura. Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, James Inglis, Director of Housing; Robert J Beckley, Director of Public Works, and Linda McCann, Director of Community Resources On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #1060-96 RESOLVED, that the minutes of the 1,331st Regular Meeting of the Council of the City of Livonia, held October 30, 1996, are hereby approved as submitted Councilmember Taylor wished a happy 210th birthday to the U S Marines, whose birthday was on Sunday, November 10, 1996, and acknowledged his brother, at home recuperating after a hospital stay, a former Marine No one from the audience spoke during audience communication A communication from the Department of Finance, dated October 21, 1996, re forwarding various financial statements of the City of Livonia for the 29870 month ending September 30, 1996, was received and placed on file for the information of the Council At the direction of the Chair, Items #1, 12, and 13 were removed from the Consent portion of the agenda. On a motion by Feenstra, seconded by Taylor, it was #1061-96 RESOLVED, that having considered a letter from Carol Stewart, President of Garfield Cooperative Preschool, Inc., 34633 Munger, Livonia, Michigan 48154, dated October 20, 1996, which requests permission to place one 1Y2' x 3' sign announcing a craft auction to be held on November 14, 1996 at Cass Elementary School, which sign shall be installed on November 1, 1996 at the intersection of Six Mile Road and Fairlane, and shall be removed no later than November 15, 1996, the Council does hereby approve this request in the manner and form herein submitted #1062-96 RESOLVED, that having considered a letter from Ann Marie Kriszt, 21792 Aspen Court, Farmington Hills, Michigan 48335, dated October 14, 1996, requesting the establishment of guidelines and an ordinance for a "Bed and Breakfast" in Livonia, the Council does hereby refer this matter to the Department of Law and the Legislative Committee for their respective reports and recommendations #1063-96 RESOLVED, that having considered a communication from Andrea Taylor, Chairperson of the Livonia Arts Commission, and Lucille Timmons, Chairperson of the Arts Scholarship Committee, dated October 23, 1996, approved by the Finance Director and approved for submission by the Mayor, seeking approval to offer a Fine Arts scholarship to Livonia residents, which scholarship shall be in the amount of up to $5,000 00, and is to be financed with Commission Trust Fund monies, not taxpayer funds, the Council does hereby approve this request in the manner and form herein submitted #1064-96 RESOLVED, that having considered a communication from the Water and Sewer Board, dated October 22, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tern, and which transmits its resolution WS 3151 10/96, the Council does hereby accept the bid of SLC Meter Service, Inc., 3059 Dixie Highway, Waterford, Michigan 48328, for supplying the Public Service Division (Water Maintenance Section) with water main repair clamps at the unit prices bid for a total estimated amount of $15,282 85, the same having been in fact the lowest bid received and meets all specifications 29871 #1065-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission , dated June 18, 1996, and the report and recommendation of the Chief of Police, dated October 23, 1996, regarding a request from Moutafis, Inc for a new Outdoor Service Permit (2nd Area), to be held in conjunction with a 1996 Class C license with Sunday Sales, Official Permit (Food), Outdoor Service and Direct Connection, and an amended request received on July 20, 1996 for expansion of Outdoor Service Permit Area to include the entire golf course, and request for additional Bar Permit for roving cart for a business located at 20500 Newburgh (Whispering Willows Golt Course), Livonia, Michigan 48152, Wayne County, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #1066-96 RESOLVED, that the Council does hereby request that Michigan Municipal Risk Management Authority submit a report and recommendation to the Council regarding the subject of allowing alcoholic beverages to be served and sold throughout a golf course area (rather than limited to a clubhouse area) #1067-96 RESOLVED, that the Council does hereby refer the subject of serving or selling alcohol on public golf courses to the Department of Parks and Recreation for its report and recommendation #1068-96 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 11, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Security Designs, Inc., 34441 Eight Mile, Suite 112, Livonia, Michigan 48152, for supplying necessary equipment and completing all work required in connection with the upgrade of the closed circuit television system for the Police Department for the sum of $39,379 00 from funds already budgeted for this purpose in Account No 101-304-987-000 (Police Administration/Capital Outlay), the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council determines to accept such bid despite the lack of signature since same was apparently an oversight on the part of the bidder #1069-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 15, 1996, approved by the Finance Director, the Executive Director of the Housing Commission and the Director of Inspection, and approved for submission by the Mayor, submitted pursuant to Council Resolutions 456-96 and 457- 96 with regard to the possible demolition of the home located on City- owned property at 9864 Stark Road (Parcel No 129-01-0092-003), and a communication from Scott C Dziadosz, 8936 Russell, Livonia, Michigan 48150, received in the office of the City Clerk on April 18, 1996, 29872 requesting to purchase said property, the legal description of which is as follows Lot 92 except the East 420 0 ft. thereof, Supervisor's Livonia Plat No 2, L66 P1 WCR (129-01-0092-003) the Council does hereby determine to deny the request to purchase the property for the reasons indicated in the aforementioned report and recommendation, FURTHER, the Council does hereby authorize J R. Mathews, Inc. P 0 Box 530334, Livonia, Michigan 48153 to demolish and remove the existing structure at 9864 Stark Road for the quoted price of $3,700 00; FURTHER, the Housing Commission and the Inspection Department are hereby authorized to do all things necessary or incidental to accomplish the demolition of said structure in accordance with the provisions of City Ordinance and law; FURTHER, the Council does hereby appropriate and authorize an expenditure of a sum not to exceed $4,500 00 from the Refuse Fund for the cost of such demolition, the City's title insurance policy on the subject property and the appraisal to determine the appropriate amount of such policy with the provision that at the time such property is sold, such funds shall be reimbursed with the proceeds of the sale of the property; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #1070-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 15, 1996, approved by the Finance Director, the Executive Director of the Housing Commission and the Director of Inspection, and approved for submission by the Mayor, submitted pursuant to Council Resolutions 456-96 and 457- 96 with regard to the possible demolition of the home located on City- owned property at 9864 Stark Road (Parcel No 129-01-0092-003), and the report and recommendation of the Executive Director of the Housing Commission, dated October 30, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby request that the Department of Law do all things necessary to obtain an appraisal of the City-owned tax-reverted property located at 9864 Stark Road after the demolition of the existing structure has been completed, and does FURTHER authorize and appropriate the expenditure of a sum not to exceed $1,000 00 from Account No 101-267- 972-001 for this purpose, FURTHER, the Council requests, in accordance with Council Resolution 300-88, that the Director of Finance thereafter prepare specifications and obtain competitive bids for the sale of the property and all competitive bids shall be submitted thereafter to the Council for consideration 29873 A communication from the Department of Law, dated October 18, 1996, re administrative response to CR 749-96 - establishing a cap on campaign expenditures (Legal Opinion 96-10), as well as a communication from the Ethics Advisory Committee, dated September 26, 1996, re administrative response to CR 750-96 - establishing a cap on campaign expenditures - were received and placed on file for the information of the Council #1071-96 RESOLVED, that having considered a communication from the Department of Law, dated October 17, 1996, approved for submission by the Mayor, requesting signage to prohibit the use of skateboards around City Hall and to raise the penalty for violation of Section 10 87 020 of the Livonia Code of Ordinances, the Council does hereby refer this item to the Legislative Committee for its report and recommendation #1072-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 16, 1996, approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 1996 Sidewalk Repair Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 134-96, and in accordance with the provisions of Section 12 04 340 of Title 12, Chapter 04 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 08 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, January 15, 1997 at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #1073-96 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1996, to which is attached a copy of its resolution 10-191-96 adopted on October 15, 1996 in connection with Petition 96-9-7-1, wherein the Commission did amend Part VI of the Master Plan of the City of Livonia, the Master Fire Station moo Plan, so as to delete a site located on the north side of Seven Mile Road, east of Fitzgerald Avenue, in the South 1/2 of Section 5, and to designate a new location located on the northeast corner of Bicentennial Drive and Seven Mile Road (entrance to Bicentennial Park), the Council does 29874 hereby certify and acknowledge receipt of same, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution #1074-96 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1996, to which is attached a copy of its resolution 10-192-96 adopted on October 15, 1996 in connection with Petition 96-9-7-2, wherein the Commission did amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to update the Future Land Use Plan in accordance with actual and proposed revisions which have occurred since adoption of the plan on June 10, 1975, the Council does hereby certify and acknowledge receipt of same, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution #1075-96 WHEREAS, pursuant to the direction of the City Council in its resolution 993-96, adopted on October 16, 1996, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of October 22, 1996, an assessment roll dated October 22, 1996 for the installation of missing sidewalk on the south side of Eight Mile Road from Newburgh Road to Farmington Road containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 993-96, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday, January 6, 1997, at 7 00 p m to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of January 6, 1997, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment 29875 district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office #1076-96 RESOLVED, that having considered a communication from dies the City Engineer, dated October 28, 1996, approved for submission by the Mayor, and submitted pursuant to Council Resolution 894-96, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement for Bell Creek Farms Subdivision, located in the Northwest 1/4 of Section 15, consisting of 28 ft. wide full-depth asphalt pavement (approximately 7W thick) with mountable asphalt curbs and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 28, 1996, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 13, 1997, at 8 00 p m as the date and time for a public hearing on the necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code #1077-96 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 Monday, January 6, 1997 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 96-6-6-3, submitted by the City Planning Commission pursuant to Council Resolution 138-96 proposing to amend Section 18 58(a) of the Zoning Ordinance with respect to site plan approval in all OS, C-1 and C-2 zoned property, and general office buildings located in ML, M-1 and M-2 districts, the City Planning 29876 Commission in its resolution 10-196-96 having recommended to the City Council that Petition 96-6-6-3 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 Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None A communication from the Office of the Mayor, dated November 13, 1996, re the closing of Stark Road for the YMCA Road Race was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #1078-96 RESOLVED, that having considered a request from Councilmember Fernon P Feenstra regarding the subject of lack of sufficient notice to residents prior to the closing of Stark Road for the YMCA Road Race, the Council does hereby determine to take no further action with respect to this matter On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #1079-96 RESOLVED, that having considered a communication from the Plymouth Road Development Authority, dated October 9, 1996, which transmits its resolution 96-40, adopted on October 3, 1996, and a communication from the City Planning Commission, dated October 16, 1996, which transmits its resolution 10-189-96, with regard to Petition 96- 29877 9-2-26, submitted by Lutheran Homes of Michigan, requesting waiver use approval to construct a nursing home on property located on the north side of Plymouth Road between Haller and Camden Road in the Southwest 1/4 of Section 25, which property is zoned C-2, OS and R-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-9-2-26 is hereby approved and granted, subject to the following conditions 1) That the Site Plan dated 10/10/96, as revised, prepared by SSOE, Inc., Architects, which is hereby approved, shall be adhered to, 2) That the Building Elevation Plan dated 9/26/96 prepared by SSOE, Inc., Architects, which is hereby approved, shall be adhered to, 3) That a greenbelt shall be substituted for the required protective wall and a fully developed Landscape Plan, including the greenbelt, shall be submitted to the Planning Commission and City Council for approval within 30 days of the date of approval of this petition by the City Council, 4) That the lighting in the parking lot shall be no higher than 20 feet; and 5) That any utility meters shall be screened or located in the rear of the property On a motion by Vandersloot, seconded by Taylor, and unanimously adopted, it was #1080-96 RESOLVED, that having considered a communication from the Planning Director, dated October 28, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding the proposed fire station to be located at Seven Mile and Bicentennial Drive, the Council does hereby authorize the committee which has been established by the Mayor for this purpose to begin the process of soliciting statements of qualifications and interest in the proposed fire station project from area architectural firms, and to thereafter submit its recommendation to Council On a motion by Vandersloot, seconded by Feenstra, and unanimously adopted, it was #1081-96 RESOLVED, that having considered a communication from the Planning Director, dated October 28, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding the proposed fire station to be located at Seven Mile and 29878 Bicentennial Drive, the Council does hereby refer this subject matter to the Capital Improvement Committee for its report and recommendation On a motion by Vandersloot, seconded by Taylor, and unanimously adopted, it was #1082-96 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated November 4, 1996, submitted pursuant to Council Resolution 884-96 in connection with the report and recommendation of the Housing Director, dated August 9, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended a rental adjustment for Silver Village as follows A) Pre-December, 1990 Residents - 55 Residents Adjusted Rent Bedroom Size Current Rent Effective 1-1-97 One Bedroom $275 $280 Two Bedroom 310 315 B) Post-December, 1990 Residents - 54 Residents. One Bedroom $340 $345 Two Bedroom 395 400 The above rents exclude gas and electric. the Council does hereby concur in and approve of the recommended action On a motion by Vandersloot, seconded by Feenstra, and unanimously adopted, it was #1083-96 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated November 4, 1996, submitted pursuant to Council Resolution 884-96 in connection with the report and recommendation of the Housing Director, dated August 9, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended a rental adjustment for Silver Village, the Council does hereby refer the subject of using June 1 instead of December 1 for future changes to the Housing Commission for its report and recommendation 29879 On a motion by Vandersloot, seconded by Feenstra, and unanimously adopted, it was #1084-96 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated November 4, 1996, submitted pursuant to Council Resolution 885-96 in connection with the report and recommendation of the Housing Director, dated August 9, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended the following rental adjustments with respect to Newburgh Village Adjusted Rent Bedroom Size Current Rent Effective 1-1-97 One Bedroom $425 $430 Two Bedroom 495 500 The above rents exclude gas and electric. the Council does hereby concur in and approve of the recommended action Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 030, 040, 050, 060, 070 AND 080 OF AND ADDING SECTION 085 TO CHAPTER 16 (FIRE PREVENTION CODE) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance 29880 AN ORDINANCE AMENDING SECTION 060 AND ADDING SECTION 150 OF TITLE 2, CHAPTER 04 (CITY COUNCIL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 96-5-1-8) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 19 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 96-5-1-10) A roll call vote was taken on the foregoing Ordinance with the following result. 29881 AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Duggan left the podium at 8 17 p m in order to avoid a perceived impropriety regarding the next agenda item. On a motion by Feenstra, seconded by Brosnan, it was #1085-96 RESOLVED, that having considered a communication from the City Assessor, dated October 17, 1996, approved for submission by the Mayor, with regard to a request from Mr James Duggan, 16745 Inkster Road, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos. 46 049 01 0158 000 and 46 049 01 0159 000 into two parcels, one of which will be 70' in width and the other parcel to be 110' in width, the legal descriptions of which shall read as follows PARCEL A. The north 70 feet of Lot 158, Park Woods Subdivision, TIS, R9E, L67 P13, WCR. PARCEL B. The south 20 feet of Lot 158, also Lot 159, Park Woods Subdivision, TIS, R9E, L67 P13, WCR. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura 1. NAYS None The President declared the resolution adopted 29882 A communication from the Planning Director, dated November 8, 1996, re the lot split for the property facing Whitcomb Drive on the south was received and placed on file for the information of the Council (Tax Item Nos 46 049 01 0158 000 and 46 049 01 0159 000) On a motion by Taylor, seconded by Feenstra, it was #1086-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 18, 1996, approved for submission by the Mayor, the Council does hereby amend item no 7 of Council Resolution 468-96, adopted on May 8, 1996, so as to reduce the financial assurances now on deposit with the City for general improvements in Lakeside Estates Subdivision located in the Southeast 1/4 of Section 33 to $3,500 00 cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged. A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS None The President declared the resolution adopted Duggan returned to the podium at 8 20 p m On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was. #1087-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 18, 1996, which sets forth its resolution 9-163-96 adopted on September 17, 1996, with regard to Petition 96-7-1-17, submitted by Harry DeNoon and Linda O'Neil for a change of zoning of property located on the north side of Long Avenue between Inkster Road and Rensellor Avenue, in the Northeast 1/4 of Section 1, from C-2 to R-1, and the Council having conducted a public hearing with regard to this matter on November 6, 1996, pursuant to Council Resolution 901-96, the Council does hereby approve Petition 96- 7-1-17 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for 29883 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 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #1088-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 18, 1996, which sets forth its resolution 9-163-96 adopted on September 17, 1996, with regard to Petition 96-7-1-17, submitted by Harry DeNoon and Linda O'Neil for a change of zoning of property located on the north side of Long Avenue between Inkster Road and Rensellor Avenue, in the Northeast 1/4 of Section 1, from C-2 to R-1, and the Council having conducted a public hearing with regard to this matter on November 6, 1996, pursuant to Council Resolution 901-96, the Council does hereby refer the subject of a time line for a waiver regarding the protective wall abutting the commercial zone at this location to the Zoning Board of Appeals for its report and recommendation Duggan left the podium at 8 22 p m. in order to avoid a perceived impropriety regarding the next agenda item On a motion by Feenstra, seconded by Taylor, it was #1089-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 18, 1996, which sets forth its resolution 9-164-96 adopted on September 17, 1996, with regard to Petition 96-7-1-18, submitted by Leo Soave for a change of zoning of property located on the north side of Ann Arbor Trail between Stark and Farmington Roads in the Southeast 1/4 of Section 33, from RUF to R-1B, and the Council having conducted a public hearing with regard to this matter on November 6, 1996, pursuant to Council Resolution 901-96, the Council does hereby approve Petition 96-7-1-18 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 Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura. 29884 NAYS None The President declared the resolution adopted Duggan returned to the podium at 8 23 p m On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #1090-96 RESOLVED, that having considered a communication from the Planning Commission, dated November 1, 1996, the Council does hereby amend and revise Council Resolution 920-96 so as to have the same read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated August 28, 1996, which transmits its resolution 8-155-96 adopted on August 27, 1996, with regard to revised elevation plans in connection with Petition 92-10- 2-39 submitted by J Alexander Kirk on behalf of Rio Bravo Cantina, requesting approval of same for the restaurant located at 19265 Victor Parkway in the Southeast 1/4 of Section 6, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and the revised elevation plans submitted in connection with Petition 92-10-2-39 are hereby approved and granted, subject to the following conditions 1) That the Site Plan marked Sheet Cl dated May 24, 1993, as revised, prepared by Wolfgang Doerschlag Architects, is hereby approved and shall be adhered to, 2) That the Building Elevation Plans marked Sheets A6 and A7 as received by the City Council on September 20, 1996, prepared by Wolfgang Doerschlag Architects, are hereby approved and shall be adhered to, 3) That the Landscape and Irrigation Plan marked Sheet L1, dated September 3, 1996, as revised, prepared by Manley Land Design, is hereby approved and shall be adhered to, 4) That the 52 5 sq ft. sign as shown on the approved Building Elevation Plan Sheet A6 is hereby approved and shall be adhered to, and 5) That the Livonia City Council approves the neon signage, subject to approval by the Zoning Board of Appeals 29885 A communication from J Alexander Kirk, AIA, Director of Architecture, Rio Bravo International, Inc., dated November 1, 1996, re approval of drawings and signage for the restaurant located at 19265 Victor Parkway was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #1091-96 RESOLVED, that having considered a communication from the Department of Law, dated October 18, 1996, transmitting for Council acceptance a Quit Claim Deed, more particularly described as follows Quit Claim Deed, dated September 30, 1996, executed by Carmine de Vivo, Deputy Executive Director for Orchards Children's Services, to the City of Livonia for. The North 60 feet of the following described parcel That part of the East 1/2 of the N E 1/4 of Section 10, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North line of said section distant West 1,210 26 feet from the Northeast corner of Section 10 and proceeding thence South 0°42" East, 827 87 feet; thence West 105 24 feet; thence North 0°42" West, 827 87 feet to the North line of Section 10; thence East along said line 105 24 feet to the point of beginning (Seven Mile Road Right-of-Way) Tax Parcel No 037-99-0017-000 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #1092-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 21, 1996, which fir, bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of$15 00 from the 29886 Rotary Club of Livonia (Pig Roast Account) and a cash donation in the amount of$35 00 from the Plastomer Corporation, FURTHER, the Council does hereby appropriate and credit the same to Account#702- 000-285-215 for use in the Livonia Youth Assistance Program. On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #1093-96 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 Feenstra, seconded by Taylor, and unanimously adopted, it was. #1094-96 RESOLVED, that having considered a letter from Kathy Facione, 16769 Fitzgerald, Livonia, Michigan 48154, dated October 29, 1996, with regard to the Church of Jesus Christ of Latter-day Saints' 10th Annual Christmas Creche Exhibit (nativity scenes) to be displayed in the church building on the corner of Six Mile Road and Merriman, and wherein permission is requested to place signs at the following locations throughout the City from November 23, 1996 through December 9, 1996 1) (1) 4' x 5' wooden sign on the lawn of the church directly in front of the building, set back at least 10 feet from the sidewalk on the south side of the property; 2) (2) 3' x 4' two-sided sandwich board signs located on the lawn of the church at each driveway (one off Six Mile and one off Merriman) set back at least 10 feet from the sidewalk; 3) (25) wire lawn signs (size 11' x 14') with these words "Nativity Exhibit" Dec. 6 - 9 Corner of 6 Mile and Merriman at the following corners Five Mile and Newburgh Six Mile and Newburgh Seven Mile and Newburgh Plymouth Road and Newburgh Joy Road and Newburgh Five Mile and Levan Six Mile and Levan 29887 Seven Mile and Levan Seven Mile and Wayne Six Mile and Wayne Lyndon and Farmington Five Mile and Farmington Six Mile and Farmington Schoolcraft and Farmington Five Mile and Hubbard Five Mile and Merriman Seven Mile and Merriman Eight Mile and Merriman Five Mile and Middlebelt Six Mile and Middlebelt Seven Mile and Middlebelt Merriman Road Post Office Newburgh Road Post Office the Council does hereby concur in and approve this request in the manner and form herein submitted Councilmember Feenstra stated City Engineer Raul Galindo did a nice job in getting the Clarenceville asphalt sidewalk in place, and also mentioned that Ken Otto, a parishioner of St. Aidan's who suffered from leukemia, passed away two (2) days ago No one from the audience spoke during audience communication On a motion by Taylor, seconded by McGee, and unanimously adopted, this 1,332nd Regular Meeting of the Council of the City of Livonia was adjourned at 8 35 p m , November 13, 1996 ILA Ji 114 r Jin McCotter, City Clerk