Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1996-08-12 29662 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 12, 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 02 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, Michael Murray, Police Chief; Robert J Beckley, Director of Public Works, and Ronald Reinke, Superintendent of Parks and Recreation. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. #720-96 RESOLVED, that the minutes of the 1,325th Regular Meeting of the Council of the City of Livonia, held July 22, 1996, are hereby approved as submitted Council President Laura announced that there would be one (1) X-item at the end of the Regular agenda John Walsh, representing the Livonia Chamber of Commerce, read parts of resolutions adopted by the Chamber wishing Thomas C Armstrong and A. Robert Armstrong best wishes in their retirement as active partners in the Armstrong Buick Dealership of Livonia, Michigan 29663 Mayor Kirksey and Councilmember Feenstra also acknowledged the Armstrong brothers and presented resolutions of commendation to both on behalf of the City of Livonia On a motion unanimously introduced, seconded and adopted, it was #721-96 WHEREAS, Thomas C Armstrong has established himself as an automotive dealer of quality having served in all dealership capacities since beginning his career in his father's Buick dealership in 1952, WHEREAS, Thomas C Armstrong has consistently demonstrated dedication to his profession and has shown an unusually fine commitment of corporate citizenship by providing leadership with the Southeastern Michigan Automotive Dealers and demonstrating leadership with local civic groups, and WHEREAS, Thomas C Armstrong has been a member of the Detroit Kiwanis Club, a Port Huron Jaycee, President of the Hillsdale College Alumni Association, for the past fifteen years served as a Director of the Livonia Chamber of Commerce, has been President of the Livonia Chamber of Commerce, has been President of the Detroit Metro Buick Dealers Association, has been President of the Rotary Club of Livonia, currently maintains his active status as a Rotarian of Distinction, and WHEREAS, Thomas C Armstrong together with his brother, A. Robert Armstrong, purchased the Buick dealership from their father in 1972 and subsequently moved to Livonia to build a modern Buick dealership on Plymouth Road in February of 1973 and continued to provide superior services not only to Livonia residents, but to a wide service area due to their excellent facilities and concern for customer satisfaction, and WHEREAS, Armstrong Buick has been a valuable asset to the citizens of Livonia by providing a friendly, quality, reliable, and complete service dealership in Livonia for the past twenty-three years NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia wish Thomas C Armstrong best wishes in his retirement as an active partner in the Armstrong Buick Dealership of Livonia, Michigan On a motion unanimously introduced, seconded and adopted, it was #722-96 WHEREAS, A. Robert Armstrong has established himself as an automotive dealer of quality having served in all dealership capacities since beginning his career in his father's Buick dealership in 1952, 29664 WHEREAS, A. Robert Armstrong has consistently demonstrated dedication to his profession and has shown an unusually fine commitment of corporate citizenship by providing leadership with the Southeastern Michigan Automotive Dealers and demonstrating leadership-with local civic groups, and WHEREAS, A. Robert Armstrong has served with distinction in the United States Marine Corp during the Korean War 1951 through 1953 and served as Commander of the American Legion Post 390 and continues to be an active member in veterans' organizations, has been President of the Detroit Metro Buick Dealers Association, has been a Director of the Michigan Automotive Dealers Self-Insurance Fund; and WHEREAS, A. Robert Armstrong, as a young entrepreneur, established a Ford dealership in Albion, Michigan in 1958 through 1965 With his brother, Thomas C Armstrong, purchased the Buick dealership from their father in 1972 and subsequently moved to Livonia to build a modern Buick dealership on Plymouth Road in February of 1973 and continued to provide superior services not only to Livonia residents, but to a wide service area due to their excellent facilities and concern for customer satisfaction, and WHEREAS, Armstrong Buick has been a valuable asset to the citizens of Livonia by providing a friendly, quality, reliable, and complete service dealership in Livonia for the past twenty-three years NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia wish A. Robert Armstrong best wishes in his retirement as an active partner in the Armstrong Buick Dealership of Livonia, Michigan During the audience communication portion of the meeting, the following individuals spoke 1) Michael Driscoll, 19229 Shadyside - complained about a recent newspaper article regarding the proposed 20-screen AMC Theater and the implication that racism was involved in this issue, 2) Amanda Spiers, 34367 Capitol - indicated her block party request was listed as Item 25 on the agenda, and requested her item be moved up, 3) Gus Tawil, 18830 Nola - complained about the traffic and access into the parking lot of the Dearborn Federal Credit Union located at Seven Mile and Newburgh, 29665 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was- #723-96 RESOLVED, that the Council does hereby refer the matter of an additional turn lane adjacent to the Dearborn Federal Credit Union to the Traffic Commission for its report and recommendation regarding both northbound and southbound traffic on Newburgh Road 4) Doug Johnston, 31635 Perth - addressed the Waste Management contract, specifically the rebate portion addressed in it; and 5) Michelle Goodlaski, 29110 Pickford - would like to see Ordinance Enforcement have more power and authority with respect to maintenance of rental properties. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #724-96 RESOLVED, that the Council does hereby refer to the Inspection Department for its report and recommendation the subject of the ice chest outside the Speedway station at Seven Mile and Farmington Roads A communication from the Department of Finance, dated July 18, 1996, re forwarding the various financial statements of the City of Livonia for the month ending June 30, 1996, was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #725-96 RESOLVED, that the Council does hereby amend the Orders of the Day by moving Item #25 and #26 up on the agenda and renumbering them as Item #9d and #9e and including them on the Consent portion of the agenda On a motion by Taylor, seconded by Duggan, it was L #726-96 RESOLVED, that having considered an application from Linda Maniatis, 37026 Clarita, dated July 12, 1996, requesting permission to close Clarita at the intersection of Clarita and Margareta, on Saturday, August 24, 1996, from 4 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as 29666 requested, the action taken herein being made subject to the approval of the Police Department. #727-96 RESOLVED, that having considered an application from Robert E Wolf, 28971 Minton, dated July 17, 1996, requesting permission to close Minton Street between Oxbow and Hartel Street on Saturday, September 14, 1996, from 1 00 p m to 8 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 15, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #728-96 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated July 8, 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 Isabella County Sheriff, 207 N Court Street, Mt. Pleasant, Michigan 48858, for providing transportation and lodging of prisoners for a unit price of$34 00 per diem, the action taken herein being for the reason that the same constitutes the lowest and only bid received with respect to this item, meets all specifications and requirements as set forth in the attachment and formal proposal, as well as for the additional reasons indicated in the aforesaid communication #729-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 10, 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 Sheridan Construction, Inc., 32125 Block Street, Garden City, Michigan 48135, for completing all work required in connection with the reconstruction of the Police Headquarters entrance plaza for the sum of $60,150 00, the Council having determined to accept such bid in lieu of the low bid for reasons outlined in the aforementioned report and recommendation, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $60,150 00 from funds already budgeted for this purpose in Building Maintenance Capital Outlay - Building Improvements Account No 101-447-976-000; and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid bidder and to do all things necessary or incidental to the full performance of this resolution #730-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 5, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, to which is attached a letter from Victoria J Holland, Assistant Engineer of Traffic Operations, Wayne County Division of Roads, dated June 27, 1996, and a proposed Traffic Signal Agreement, and having 29667 considered the necessity for traffic signal modernization at the intersection of Five Mile and Levan, the Council does hereby approve and authorize the said traffic control modernization with pedestrian indicators; FURTHER, the Council does hereby approve of the City assuming 50% of the installation and annual maintenance costs for such modernization for this intersection located in the City of Livonia, and for this purpose does hereby appropriate and authorize the expenditure of a sum not to exceed $18,895 00 from the Michigan Transportation Fund (Major Road Account), and the Mayor and City Clerk are hereby authorized to execute the attached agreement for and on behalf of the City of Livonia, and the City Clerk is requested to send a certified copy of this resolution to the Wayne County Department of Public Services, Division of Roads #731-96 RESOLVED, that having considered the report and recommendation of the Planning Commission, dated July 11, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 460-96, with respect to the subject of the vacating of a certain street located on the south end of vacant land owned by the City of Livonia in the Northeast 1/4 of Section 27 (to the west of Exhibit Works, Inc. buildings on Merriman Road), the Council does hereby determine to take no further action with respect to this matter #732-96 RESOLVED, that having considered a letter from the Michigan Municipal League, dated July 12, 1996, with regard to the Annual Convention of the League to be held on Mackinac Island on September 26 - 28, 1996, the Council does hereby designate Mayor Jack E Kirksey as the Official Representative and Voting Delegate of the City of Livonia at the Annual Meeting and does further delegate Council President Joe Laura as the alternate, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #733-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 24, 1996, which transmits its resolution 7-137-96, adopted on July 23, 1996, with regard to a Sign Permit Application, submitted by Wonderland Auto Wash, requesting approval for a ground sign for property located at 29067 Plymouth Road in the Northwest 1/4 of Section 36, 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 Sign Package by Chapman Sign Inc dated April 23, 1996, is hereby approved and shall be adhered to, and 2 That the signage shall not be illuminated beyond the hours of operation of the subject car wash facility 29668 #734-96 WHEREAS, the City of Livonia has received a request from Elring Klinger of North America, Inc., dated July 18, 1996, proposing the establishment of an industrial development district, and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 2 01 acres lying in the Northeast 1/4 of Section 29 as more particularly described in the attachment to the request which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 62", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 62 2 This City Council sets Monday, September 16, 1996, at 7 00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above #735-96 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 Wednesday, September 25, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 96-5-1-11, submitted by the City Planning Commission, pursuant to Council Resolution 661-95, for a change of zoning of property located on the southwest corner of Seven Mile Road and Merriman Road in the Northeast 1/4 of Section 10, from RUFC to C-1, the City Planning Commission in its resolution 7-125-96 having recommended to the City Council that Petition 96-5-1-11 be denied, and 29669 (2) Petition 96-5-1-12, submitted by the City Planning Commission, pursuant to Council Resolution 661-95, for a change of zoning of property located on Seven Mile Road just west of Bicentennial Park in the Southeast 1/4 of Section 5, known as Glenda's Market, from RUFC to C-1, the City Planning Commission in its resolution 7- 126-96 having recommended to the City Council that Petition 96-5- 1-12 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #736-96 RESOLVED, that having considered an application from Amanda M Spiers, 34367 Capitol, dated July 23, 1996, requesting permission to close Capitol between Stark and Beacon on Saturday, August 17, 1996, 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 Friday, August 23, 1996, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #737-96 RESOLVED, that having considered an application from Stacey Anderson and Laurie Rozek, 16156 Swathmore, dated July 31, 1996, requesting permission to close Swathmore Court North on Saturday, August 24, 1996, from 2.00 p m to 9.00 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. 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 29670 A pilot demonstration of the Geographic Information System (GIS), given by Orchard, Hiltz & McCliment, Inc. at the Committee of the Whole meeting of July 16, 1996, was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #738-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 16, 1996, submitted pursuant to Council Resolution 21-96, regarding the matter of the proposed increase in greens fees and changes to outing policy and City of Livonia fees/waivers, which was approved by the Parks and Recreation Commission in its resolution 2340-95, adopted on December 5, 1995, the Council does hereby refer the subject of the cost of carts, including ownership, lease and/or use thereof, and the possible revenue derived from same to the Parks and Recreation Department for its report and recommendation On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #739-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 16, 1996, submitted pursuant to Council Resolution 21-96, regarding the matter of the proposed increase in greens fees and changes to outing policy and City of Livonia fees/waivers, which was approved by the Parks and Recreation Commission in its resolution 2340-95, adopted on December 5, 1995, the Council does hereby refer the subject of maintenance of the golf courses (mowing greens, fairways, etc.) and the possibility of placing such obligations under the Parks and Recreation Department to the Department of Public Works and the Parks and Recreation Department for their respective reports and recommendations On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #740-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 16, 1996, submitted pursuant to Council Resolution 864-95, concerning the subject of arbitrage rebate calculations, the Council does hereby determine to take no further action with respect to this matter 29671 On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #741-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 16, 1996, submitted pursuant to Council Resolutions 601-95 and 428-95, with regard to the matter of the need to step up code enforcement on rental properties, the Council does hereby refer the matter of licensure, registration and fees for single family rental units to the Department of Law to prepare an appropriate ordinance amendment to the Livonia Code of Ordinances for submission to Council On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #742-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 16, 1996, submitted pursuant to Council Resolution 189-96, with regard to the request to ban all pets from City parks to prevent defecation and urination by pets on park property, the Council does hereby determine to take no further action with respect to this matter On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was: #743-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated July 17, 1996, submitted pursuant to Council Resolution 865-94, concerning the subject of video machine/slot machine activity at Ladbroke/DRC, the Council does hereby determine to take no further action with respect to this matter inasmuch as the subject matter is currently pending before the Committee of the Whole A communication from the City Clerk, dated July 18, 1996, re compliance with notification procedures as outlined under the Open Meetings Act, was received and placed on file for the information of the Council (CR 448-96) On a motion by Feensra, seconded by Brosnan, and unanimously adopted, it was #744-96 RESOLVED, that the Council does hereby refer the communication from the Department of Law, dated August 5, 1996, 29672 submitted pursuant to Council Resolution 446-96 (Legal Opinion 96-6), and the communication from the Department of Law, dated August 5, 1996, submitted pursuant to Council Resolution 447-96 (Legal Opinion 96-7), regarding the subject of compliance with procedures set forth under the Open Meetings Act with respect to audience communication to the Legislative Committee for its report and recommendation, as well as receiving and filing for the information of the Council the aforementioned Legal Opinions On a motion by Feenstra, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated July 17, 1996, submitted pursuant to Council Resolutions 867-95 and 447-96, concerning the matter of the possible amendment of Section 050 of Chapter 04, Title 2 (A and C) Meetings - Order of Business of the Livonia Code of Ordinances, as amended, and possible changes to rules and procedures pertaining to audience communication, the Council does hereby refer the matter of providing for an inclusive time of three minutes for audience comments and an inclusive time of two minutes for agenda comments and to provide that persons have one speaking appearance per audience communication section or agenda item to the Department of Law to prepare an appropriate ordinance amendment to Section 050 of Chapter 4, Title 2 of the Livonia Code of Ordinances for submission to Council A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra and Brosnan NAYS Vendersloot, McGee, Taylor, Duggan, and Laura. The President declared the resolution denied On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #745-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated July 17, 1996, submitted pursuant to Council Resolution 243-96, with respect to the subject of whether there is or should be a more severe penalty for damaging Nature Preserves Lands than Public Lands, the Council does hereby take this means to indicate its concurrence with and endorsement of Parks and Recreation Commission resolution 2348-96, and the City Clerk is hereby requested to forward a copy of this resolution to the 16th District Court as a further means of indicating the Council's concern with 29673 strict enforcement of the applicable City ordinance in regards to misuse of Park and Nature Preserves Lands A communication from the Department of Law, dated July 10, 1996, re the meaning of the terms "absence," "disability," prolonged absence," and "prolonged disability" in Section 2 04 070 of the Livonia Code of Ordinances (Legal Opinion 96-5, reaffirming Legal Opinion 66-22), was received and placed on file for the information of the Council (CR 295-96) On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #746-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated July 17, 1996, submitted pursuant to Council Resolution 325-96, concerning "Agenda Livonia. 1995" and the matter of campaign reform, the Council does hereby determine to take no further action with respect to this item. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was. #747-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated July 17, 1996, submitted pursuant to Council Resolution 326-96, concerning "Agenda Livonia. 1995" and the matter of limitations such as restricting the use of poll workers at the polls on election day, the Council does hereby determine to take no further action with respect to this item On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #748-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated July 17, 1996, submitted pursuant to Council Resolution 327-96, concerning "Agenda Livonia 1995" and the matter of possible limitations on political signage, the Council does hereby determine to take no further action with respect to this item 29674 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #749-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated July 17, 1996, submitted pursuant to Council Resolution 328-96, concerning "Agenda Livonia 1995" and the matter of establishing a cap on campaign expenditures, the Council does hereby request that the Department of Law prepare a legal opinion regarding this subject for submission to Council On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #750-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated July 17, 1996, submitted pursuant to Council Resolution 328-96, concerning "Agenda Livonia. 1995", the Council does hereby refer to the Ethics Committee for its report and recommendation the subject matter of establishing a cap on campaign expenditures On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was. #751-96 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated July 17, 1996, submitted pursuant to Council Resolution 397-96, with regard to the notification of residents of oil and gas testing and/or other projects taking place on City streets, the Council does hereby determine to take no further action with respect to this item inasmuch as affected residents are currently informed by the Engineering Department of such activities On a motion by McGee, seconded by Brosnan, it was #752-96 RESOLVED, that having considered a communication from the City Planning Commission, dated June 19, 1996, which sets forth its resolution 6-100-96 adopted on June 18, 1996, with regard to Petition 96- 4-2-14 submitted by Walkon & Associates requesting waiver use approval to construct a 20-screen movie theater on property located north of Seven Mile Road, between Haggerty Road and the 1-275 Expressway in the Southwest 1/4 of Section 6, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 24, 1996, pursuant to Council Resolution 607-96, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 96-4-2-14 is hereby approved and granted, subject to a variance 29675 being granted by the Zoning Board of Appeals relative to the deficient number of seats in the viewing auditoriums and relative to deficient size parking bays, and subject also to the following additional conditions 1 That the Site Plans marked Sheet 1 and 2 dated August 20, 1996, as revised, prepared by Johnson Johnson & Roy, Landscape Architects, Inc., which are hereby approved, shall be adhered to, 2 That the Building Elevation Plan dated April 9, 1996, prepared by Gold, Evens, Goodman, Associates, PC, which are hereby approved, shall be adhered to, 3 That a fully developed Landscape Plan shall be submitted for review by the Planning Commission and thereafter submitted to the City Council for approval within thirty (30) days of the date of this resolution, 4 That phased improvements to Haggerty Road and Seven Mile Road as outlined in a letter from the Wayne County Department of Public Services, dated May 8, 1996, and any subsequent amendments thereto are made a part of this approval and all such improvements shall be constructed and paid for by the developer; 5 That no signs, either freestanding or wall mounted, are approved as part of this application All such signs shall be separately submitted for review and approval by the Planning Commission and City Council, 6 That the letter from AMC Corporation, dated August 12, 1996, is incorporated herein by reference and shall be adhered to, 7 That the security plan referenced in the letter from AMC Corporation, dated May 17, 1996, is hereby incorporated by reference and shall be adhered to, 8 That the petitioner shall not start any movies later than midnight; and 9 That there shall be a three- (3) year escrow agreement for Wayne County to retain a sufficient amount of money from the petitioner to pay for traffic light installation, as required by the Wayne County Department of Public Services, Engineering Division Mr Jonna and Mr Sanchez addressed the foregoing matter on behalf of the petitioner, Walkon & Associates 29676 The following individuals from the audience spoke in favor of this matter 1) Ed Scribner, President of the Metropolitan Detroit AFL-CIO - representing fir 350,000 union members, 2) Eddie Nyes, Brighton - representing the Carpenters Union #687, 3) Gus Tawil, 18830 Nola, 4) Eric Hooper, 16652 Country Club, 5) John Harrington, 30416 Brookview - on behalf of the carpenters union and also speaking as a father; 6) Doug Buckler, 19303 Hardy; 7) Ron Hassen, 17960 Floral, 8) Benjamin Latham, 16560 Park Drive, 9) Mike Diamond, 38101 Richland - representing the Greater Detroit Building Trades Council, of whom the majority are in favor of this petition, 10) Dana Raven, 9101 Middlebelt; 11) Kevin Bush, 38028 Mallory; 12) Kathleen Blaies, 19794 Merriman, 13) Ted Kloc, 32741 Ohio, 14) Jennifer Sulak, 15651 Gary Lane, 15) Joseph Burm, 16400 Bell Creek Lane, 16) Mike Corrie, 11040 Melrose, 17) Robert Benedetti, 17632 Inkster, Huron Township - representing the Carpenters Union District Council, 18) George Boller, 36270 Hammer; 19) Greg Udics, 12021 Cardwell, 20) Marcella Allam, 32955 Indiana, 21) Bill Davidson, 16478 Blue Skies, 22) Adam Szatkowski, 15595 Alpine Drive, and 23) Kathryn Stiver, 12012 Cardwell The following individuals from the audience spoke in opposition. 1) Harold Dunne, 18745 Fairway - representing CAT 20; 2) Ray Tent, 18051 Deering; 3) Mary Bartkowiak, 18147 Levan, 4) Bob Duda, 39202 Donald, 5) Denise Mika-Biga, 35354 Lancashire - this needs to be looked at further; 6) Sandy Crowe, 36883 Curtis, 7) Bob Snyder, 16774 Ronnie Lane, 8) Mike Driscoll, 19229 Shadyside, 9) Carolyn Duda, 39202 Donald, 10) Jim Biga, 35354 Lancashire, 11) Dorothy Dunne, 18745 Fairway; 12) Beverly Peters, 38173 Lancaster; 13) Bob Serge, 36355 Dardanella, 14) Betty Davis, 14122 Cavell, and 15) Bill Fried, 16009 Riverside - should be postponed to evaluate all factors involved 29677 Mayor Kirksey also addressed this matter and stated he was currently opposed Some of the reasons for his opposition included the history of the zoning, the matter of the location, and the lack of diversity He stated this was not the best use for this property, and taxes were not an issue here He intends to veto this project if approved tonight, and hopes that a better plan, some compromise, would materialize before the August 26th Regular Meeting A roll call vote was then taken with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None The President declared the resolution adopted On a motion by McGee, seconded by Duggan, and unanimously adopted, it was #753-96 RESOLVED, that the Council does hereby refer the matter of whether the Dearborn Federal Credit Union, 37373 Seven Mile Road, is meeting landscaping requirements and other conditions imposed by the Planning Commission to the Inspection Department for its report and recommendation On a motion by Taylor, seconded by McGee, and unanimously adopted, it was #754-96 RESOLVED, that the Council does hereby refer the subject of vandalism activity occurring in Caliburn Estates Subdivision to the Chief of Police for his report and recommendation, including excessive alarm activity in the Dearborn Federal Credit Union located at Seven Mile and Newburgh Roads On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #755-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 1, 1996, which transmits its resolution 6-102-96, adopted on June 18, 1996, with regard to Petition 96-4-2-15, submitted by Walkon & Associates requesting waiver use approval to construct a full service restaurant (J Alexander's) to be located on the east side of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning 29678 Commission and Petition 96-4-2-15 is hereby approved and granted, subject to a variance being granted by the Zoning Board of Appeals for deficient size parking bays and to the following additional conditions 1 That the Site Plan dated 8-20-96 prepared by Johnson Johnson & Roy, Inc., Landscape Architects, which is hereby approved, shall be adhered to, 2 That the Building Elevation Plan marked Sheet A5A and A5B, dated 8-7-96, Rev #2, prepared by David A. Hutchins, Architect, which is hereby approved, shall be adhered to, 3 That a fully developed Landscape Plan shall be submitted to the Planning Commission for approval within thirty (30) days of the date of the approval if granted by the City Council, and 4 That the maximum number of seats shall not exceed a total of 230 John Carlin, representing the petitioner, addressed the foregoing matter and stated that the layout of the restaurant had been changed - the front of the restaurant now faces north and the back faces trees On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #756-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 1, 1996, which transmits its resolution 6-104-96, adopted on June 18, 1996, with regard to Petition 96-4-2-16, submitted by Walkon & Associates requesting waiver use approval to utilize a Class C liquor license in connection with a proposed J Alexander's restaurant to be located north of Seven Mile Road, east side of Haggerty Road, in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-4-2-16 is hereby approved and granted, FURTHER, the Council does hereby waive the provision set forth in Section 11 03(h) which requires a 1000 foot separation between Class C licensed establishments On a motion by Taylor, seconded by Duggan, it was #757-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 1, 1996, which transmits its resolution 6-106-96, adopted on June 18, 1996, with regard to Petition 96-4-2-17, submitted by Walkon & Associates requesting waiver use approval to construct a full service restaurant (Champps Americana) to be located north of Seven Mile Road, east side of Haggerty Road, in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council 29679 does hereby concur in the recommendation made by the City Planning Commission and Petition 96-4-2-17 is hereby approved and granted, subject to a variance being granted by the Zoning Board of Appeals with respect to deficient size parking spaces and to the following additional conditions. 1 That the Site Plan dated 8-20-96 prepared by Johnson Johnson & Roy, Inc., Landscape Architects, which is hereby approved, shall be adhered to, 2 That the Building Elevation Plan dated 5-14-96 prepared by Frederick Bentz/Milo Thompson/Robert Pietow, Inc., Architects, which is hereby approved, shall be adhered to, 3 That the maximum number of customer seats shall be limited to 323, 4 That the parking lot poles shall not exceed a maximum height of twenty (20) feet; and 5 That a fully developed Landscape Plan shall be submitted to the Planning Commission for approval within thirty (30) days of approval if granted by the City Council A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Feenstra. The President declared the resolution adopted On a motion by Taylor, seconded by Vandersloot, it was #758-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 1, 1996, which transmits its resolution 6-108-96, adopted on June 18, 1996, with regard to Petition 96-4-2-18, submitted by Walkon & Associates requesting waiver use approval to utilize a Class C liquor license in connection with a proposed Champps restaurant to be located north of Seven Mile Road, east side of Haggerty Road, in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-4-2-18 is hereby approved and granted, FURTHER, the Council does hereby waive the provision set forth in Section 11 03(h) which requires a 1000 foot separation between Class C licensed establishments A roll call vote was taken on the foregoing resolution with the following result: 29680 AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura NAYS Feenstra The President declared the resolution adopted Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 035 AND 040C OF TITLE 8, CHAPTER 30 (SMOKING IN PUBLIC PLACES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 96-2-3-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting. Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTION 145 TO TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Mayor Kirksey stated he hoped the Council would not renew this Prevailing Wage Ordinance, the State deemed it inappropriate The following individuals from the audience addressed this matter 1) Mike Diamond, 38101 Richland - representing the building trades "To deny this would be to open Pandora's Box." Please reinstate this ordinance, 2) Joe Gannon - representing the Carpenters Regional Council of Michigan In favor of the Prevailing Wage Ordinance, 3) Pat Devlin, 15799 Southampton - in favor of reinstatement. Doesn't believe there is a cost impact, 29681 • 4) Ron Hessen, 17960 Floral - "We need to keep our standards up " In favor; 5) John Harrington, 30416 Brookview - in favor of reinstatement; 6) Dana Raven, 9101 Middlebelt - supports Prevailing Wage, 7) Noel Mullett, 32950 Perth - also in favor; 8) Doug Buckler, 19303 Hardy - supports Prevailing Wage Ordinance, and 9) Ray Chapman, resident of Canton - participated in construction of St. Mary Hospital In support of Prevailing Wage The President relinquished the Chair to the Vice President at 11 51 p m On a motion by Laura, it was RESOLVED, that the Council does hereby determine to substitute an ordinance with the insertion of an 18-month Sunset provision in lieu of the proposed ordinance The Vice President declared the motion to substitute failed for lack of support. A roll call vote was then taken on the originally proposed Ordinance with the following result: AYES Feenstra, Taylor, and Brosnan NAYS Laura, Vandersloot, McGee, and Duggan The Vice President declared the foregoing Ordinance denied On a motion by Laura, seconded by Taylor, it was RESOLVED, that the Council does hereby determine to substitute an ordinance with the insertion of an 18-month Sunset provision in lieu of the prepared ordinance The City Attorney indicated that a substitute motion was not necessary and that the ordinance could be amended at this time to reflect the inclusion of an 18-month Sunset provision No roll call vote was taken on the motion to substitute Laura gave first reading to the following Ordinance, as amended AN ORDINANCE ADDING SECTION 145 TO TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein 29682 Laura invoked the Emergency Clause and gave second reading to the foregoing Ordinance, as amended, and a roll call vote was taken thereon with the following result: AYES Laura, Taylor, and Brosnan NAYS Feenstra, Vandersloot, McGee, and Duggan The Vice President declared the foregoing Ordinance denied The President resumed the Chair at 12 00 a.m Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SUBSECTION E THERETO A roll call vote was taken on the foregoing Ordinance with the following result. AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Feenstra. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #759-96 RESOLVED, that having considered a communication from the City Assessor, dated July 10, 1996, approved for submission by the Mayor, with regard to a request from Mr Frank Bjarnesen, 17808 Merriman, Livonia, Michigan 48150, and Mr Gunnar Bjarnesen of 17820 Merriman, Livonia, Michigan 48150, 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 46-043-99-0006-001 and 46-043-99-0006-002 into two (2) parcels, the legal descriptions of which shall read as follows 29683 Parcel No. 1. A parcel of land being situated in the S W 1/4 of Section 11, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan being more particularly described as follows Commencing at the S W corner of said Section 11 and proceeding thence S 89°39'18" E , 60 00 feet and N 00°01'11" W , 1149 90 feet to the Point of Beginning, thence N 00°01'11" W , 194 00 feet; thence N 89°27'37" E , 196 00 feet, thence S 00°01'11" E , 194 00 feet; thence S 89°27'37" W , 196 00 feet to the Point of Beginning Containing 0 873 acres of land Subject to easements and restrictions of record Parcel No. 2. A parcel of land being situated in the S W 1/4 of Section 11, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan being more particularly described as follows Commencing at the S W corner of said Section 11 and proceeding thence S 89°39'18" E , 60 00 feet and N 00°01'11" W , 1092 33 feet to the Point of Beginning, thence N 00°01'11" W , 57 57 feet; thence N 89°27'37" E., 196 00 feet; thence S 00°01'11" E , 107 20 feet; thence 16 25 feet along the arc of a curve to the left having a radius of 435 94 feet passing through a central angle of 02°08'11" with a long chord bearing S 78°15'06" W , 16 25 feet; thence 195 30 feet along the arc of a curve to the right having a radius of 195 00 feet passing through a central angle of 57°22'58" with a long chord bearing N 74°07'34" W , 187 24 feet to the Point of Beginning Containing 0 457 acres of land Subject to easements and restrictions of record 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 On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #760-96 RESOLVED, that having considered a communication from the City Assessor, dated July 10, 1996, approved for submission by the Mayor, with regard to a request from Mr Henry Talaske, 19845 Doris, Livonia, Michigan 48152, 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 determine to deny the request for dividing Tax Item No 46-008-01-0474-000 into two (2) parcels since the 29684 same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #761-96 RESOLVED, that having considered a communication from Mr Darrel K. Emerson, 19033 Laurel Drive, dated June 19, 1996, and before determining to pave Laurel Street, south of Seven Mile Road, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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, pursuant to the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #762-96 RESOLVED, that having considered a communication from Mr Darrel K. Emerson, 19033 Laurel Drive, dated June 19, 1996, requesting to have Laurel Street, south of Seven Mile Road, paved, the Council does hereby refer the subject of a neighborhood meeting with the Water & Sewer Board regarding installation of sanitary sewers to the Water & Sewer Board for its report and recommendation. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #763-96 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 385, more particularly described in Council Resolution 547-96 adopted on June 5, 1996, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll, as revised, prepared by the City Assessor to 29685 cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Hillcrest Court Development in said Special Assessment District No 385, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100-watt high pressure sodium lights on 18' high Hallbrook poles with underground wiring for the Hillcrest Court Development in the Northwest 1/4 of Section 23, and that the assessments set forth in said Special Assessment District No 385 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 385 based on installation of 100-watt high pressure sodium lights on 18' high Hallbrook poles with underground wiring in the Hillcrest Court Development is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement for this purpose, and FURTHER, a sum not to exceed $2,750 00 is hereby authorized from the cash payments posted by the developer of the Hillcrest Court Development in order to defray the Detroit Edison contribution-in-aid costs connected with this street light installation project; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $4,206 40 from the General Obligation Road Improvement Bond Issue to be reimbursed from the first year assessment. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #764-96 RESOLVED, that having considered a communication from the Department of Law, dated July 24, 1996, transmitting for Council acceptance a Quit Claim Deed and Grant of Easement, more particularly described as follows (1) Quit Claim Deed, dated May 8, 1996, executed by William L. and Mary Ann Roskelly, husband and wife, to the City of Livonia for Part of the SW 1/4 of Section 15, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the th. North & South 1/4 line of Section 6 also being the centerline of Hubbard Road distant North 00 degree 17 minutes 00 seconds West 2368 26 feet from the South 1/4 corner of Section 15, and proceeding thence South 89 degrees 37 minutes 40 seconds West 29686 43 00 feet; thence North 00 degree 17 minutes 00 seconds West 204 00 feet; thence South 89 degrees 37 minutes 40 seconds West 277 99 feet; thence along a curve to the left radius 60 00 feet an arc distance of 62 83 feet; thence along a curve to the right radius 60 00 feet an arc distance of 251 33 feet; thence North 89 degrees 37 minutes 40 seconds East 425 00 feet to the center of Section 15, thence along the North & South 1/4 line of Section 6, also being the centerline of Hubbard Road South 00 degree 17 minutes 00 seconds East 264 00 feet to the point of beginning (Hubbard Road and Camborne Lane Rights-of-Way) Tax I D #46- 059-99-0001-007 (2) Grant of Easement, dated May 29, 1996, executed by Gene P and Joyce A. Bourdage, husband and wife, to the City of Livonia for Sanitary Sewer Easement. A 20 foot Sanitary Sewer Easement whose centerline is described as beginning at a point distant North 00 degree 17 minutes 00 second West 2632.26 feet along the North & South 1/4 of Section 15 to the center of Section 15, T 1 S , R.9 E , and South 89 degrees 37 minutes 40 seconds West 500 00 feet along the East & West 1/4 line of Section 15 and South 00 degree 22 minutes 20 seconds East 20 00 feet from the South 1/4 corner of Section 15, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan Proceeding thence South 41 degrees 40 minutes 51 seconds East 27 55 feet to a point on the right-of-way line of Camborne Lane, also being the point of ending Tax I D #059-99-0001-006 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed and Grant of Easement, 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, AND BE IT FURTHER RESOLVED, that said Camborne Lane is an improved public street and is open for public street purposes, and FURTHER, that said street is accepted into the City's Local Street System On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #765-96 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 29687 On a motion by Duggan, seconded by Feenstra, and unanimously adopted, it was #766-96 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Salvatori DeSanto, 15156 Nola, Livonia, Ml 48154, is hereby appointed to the Zoning Board of Appeals for a three year term expiring July 12, 1999, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. No one wished to speak during audience communication at the end of the meeting Councilmember Brosnan wished her sister, Debbie Tracy, a "Happy Birthday" (August 11, 1996) On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,326th Regular Meeting of the Council of the City of Livonia was adjourned at 12.10 a.m , August 13, 1996 "Nh I70-0A/L Joa McCotter, City Clerk