HomeMy WebLinkAboutCOUNCIL MINUTES 1994-06-08 28287
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-FOURTH
1,10 REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 8, 1994, 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 McGee delivered the
invocation
Roll was called with the following result Michael P McGee,
Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A Jurcisin, Fernon P
Feenstra, and Gerald Taylor Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Cathryn K
White, Chief Assistant City Attorney; Joan McCotter, City Clerk; Karen A
Szymula, Director of Legislative Affairs; Robert Bishop, City Treasurer;
1100 and Robert Alanskas, Planning Commission
Audience Communication
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#411-94 RESOLVED, that having considered an application from Al
Tuller, 34713 Northland Drive, dated June 6, 1994, requesting
permission to close the cul-de-sac on Northland Drive west of
Gill Road on Sunday, June 12, 1994, 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, the action taken herein
being made subject to the approval of the Police Department
On a motion by Feenstra, seconded by Kavanagh, and unanimously*
adopted, it was
#412-94 RESOLVED, that the minutes of the 1,273rd Regular
Meeting of the Council of the City of Livonia, held May 25, 1994,
are hereby approved as submitted
*Councilmember Toy abstained from voting which is recorded as a "yes" vote
under the provisions of Section 2 04 190B of the Livonia Code of
Ordinances
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A communication from the Department of Finance, dated May 20,
1994, re various financial statements of the City of Livonia for the
month ending April 30, 1994, was received and placed on file for the
information of the Council
At the direction of the Chair, Item #14 was removed from the
Consent portion of the Agenda and placed at the end of the Regular portion
On a motion by Feenstra, seconded by McGee, it was
#413-94 RESOLVED, that having considered an application from
Gale Rund, 9241 Woodring, dated May 10, 1994, requesting
permission to close Woodring between Vermont and Oregon on
Saturday, August 6, 1994, from 2 00 p m to 10 00 p m , for the
purpose of conducting a block party, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department
#414-94 RESOLVED, that having considered an application from
Catherine Moran, 36721 Sherwood, dated May 23, 1994, requesting
permission to close Sherwood between Comstock and Williams on
Saturday, June 18, 1994, from 2 00 p m to 8 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
#415-94 RESOLVED, that having considered a letter from Paul
Sabatini, 31630 Plymouth Road, Livonia, Michigan 48150,
representing East Side Mario's, dated May 24, 1994, wherein an
interest is expressed in the rental of certain vacant City-owned
property located adjacent to his property at 31630 Plymouth Road
to accommodate overflow traffic from a proposed restaurant at
that location, the Council does hereby refer this item to the
Department of Law for its report and recommendation
#416-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 11, 1994, the
Council does hereby approve of the request from Brinker Michigan,
Inc for transfer of ownership of a 1994 Class C licensed
business with Official Permit for premises to be occupied after
hours for the service of food, and Sunday Sales Permit, from
Romano's Macaroni Grill, Inc , for a business located at 39300
Seven Mile Road, Livonia, Michigan, Wayne County; and the City
Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
A communication from the Livonia Housing Commission, dated May 2,
Ihe
1994, re the Livonia Housing Commission Audit Report for the fiscal year
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ending December 31, 1993, was received and placed on file for the
information of the Council
#417-94 RESOLVED, that having considered the report and
recommendation of the City Librarian and the Director of Public
Works, dated May 11, 1994, approved by the Finance Director and
approved for submission by the Mayor, the Council does hereby
authorize retaining the firm of Testing Engineers and
Consultants, Inc , 1333 Rochester Road, Troy, Michigan, to
provide inspection services for roof replacement at the Carl
Sandburg Library, in an amount not to exceed $2, 700 00, and
retaining the firm of S F Sonk and Associates, Inc , 39201
Schoolcraft Road, Suite B9, Livonia, Michigan 48150, to provide
air balancing services in connection with the construction of the
improvements to the Carl Sandburg Library, in the amount of
$1, 750 00; and the Council does hereby appropriate and authorize
the transfer of $4,450 00 from the Library Unexpended Fund
Balance Account to the Capital Outlay Building Improvement
Account No 271-740-976-000 and the expenditure of such amount
for this purpose; FURTHER, the Council does hereby authorize the
action herein without competitive bidding in accordance with
Section 3 04 140D2 of the Livonia Code of Ordinances, as amended;
and the Director of Public Works is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized to execute contracts
Lfor and on behalf of the City of Livonia with the aforesaid
companies and to do all other things necessary or incidental to
the full performance of this resolution
#418-94 RESOLVED, that having considered a communication from
the Chairperson of the Livonia Cable Television Commission, dated
May 11, 1994, approved by the Director of Community Resources and
the Director of Finance, and approved for submission by the
Mayor, and wherein it is recommended that the Council approve the
public access grant request from the Livonia Economic Development
Office for $20, 000 00 per year from the Cable Division budgeted
funds for the fiscal years of 1993-94, 1994-95 and 1995-96, the
Council does hereby concur in and approve of the requested action
for the expenditure of public access grant funds to the Livonia
Economic Development Office in the amount of $20, 000 00 per year
from the Cable Division budgeted funds for the fiscal years of
1993-94, 1994-95 and 1995-96; and the Mayor and the Livonia Cable
Television Commission are hereby requested to do all things
necessary or incidental to the full performance of this
resolution
#419-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 19,
1994, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby authorize a
one-year extension to the agreement between the City of Livonia
and Allied Communications, 21125 Northwestern Highway,
Southfield, Michigan 48075-5000, for maintaining the City of
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Livonia telephone system for the period June 1, 1994 through May
31, 1995 at a monthly rate of $1,639 25; FURTHER, the Council
does hereby authorize the said item without competitive bidding
in accordance with the provisions set forth in Section 3 04 140D4
of the Livonia Code of Ordinances, as amended
#420-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 19,
1994, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby authorize a
one-year extension to the agreement between the City of Livonia
and Allied Communications, 21125 Northwestern Highway,
Southfield, Michigan 48075-5000 for maintaining the 911 equipment
for the period June 1, 1994 through May 31, 1995 at a monthly
rate of $240 95; FURTHER, the Council does hereby authorize the
said item without competitive bidding in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#421-94 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 20, 1994, approved
by the City Attorney and the Finance Director, and approved for
submission by the Mayor, and to which is attached a proposed
agreement for shuttle services to Ann Arbor, Ypsilanti and the
adult day care facility in Plymouth Township, for senior and
handicapped citizens between the City of Livonia acting for the
Northwest Wayne/Oakland Transportation Consortium (Farmington,
lbw Farmington Hills, Northville, Northville Township, Livonia and
the City of Plymouth) and Child & Family Service of Washtenaw,
Inc , 118 S Washington, Ypsilanti, Michigan 48197, for the
period July 1, 1994 through June 30, 1995, the Council does, for
and on behalf of the City of Livonia, authorize the Mayor and
City Clerk to execute the said agreement in the manner and form
herein submitted; FURTHER, the Council does hereby authorize the
Mayor and City Clerk to execute an agreement with SMART for
support of this program, provided that the agreement is approved
as to form by the Law Department; FURTHER, the Council does
hereby waive, to the extent applicable, such licensing
requirements as may be prescribed in the Livonia Code of
Ordinances with respect to the services being provided herein
#422-94 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 20, 1994, approved
by the City Attorney and the Finance Director and approved for
submission by the Mayor, and to which is attached a proposed
agreement for the User Side Subsidy Transportation Program
(Dial-a-Ride) for senior and handicapped citizens between the
City of Livonia (Northwest Wayne/Oakland Transportation
Consortium consisting of Farmington, Farmington Hills,
Northville, Northville Township, Livonia and the City of
Plymouth) and Northwest Transport Co , 31376 Industrial Road,
imo Livonia, Michigan 48150, for the period July 1, 1994 through June
30, 1995, the Council does, for and on behalf of the City of
Livonia, authorize the Mayor and City Clerk to execute the said
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agreement in the manner and form herein submitted; FURTHER, the
Council does hereby authorize the Mayor and City Clerk to execute
an agreement with SMART for support of this program, provided
that the agreement is approved as to form by the Law Department
#423-94 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 16, 1994, to
which is attached a letter from the Executive Director of the
Michigan Municipal League, dated May 10, 1994, and an invoice
with respect to the City's Michigan Municipal League dues for the
period July 1, 1994 through June 30, 1995, the Council does
hereby authorize the payment of same from monies budgeted for
this purpose with respect to the annual dues in the amount of
$11, 036 00; provided, however, that the Council rejects and
denies authorization to make payment with respect to the $800 00
Legal Defense Fund Membership
#424-94 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 17, 1994,
approved for submission by the Mayor, to which is attached a
proposed Administrative Services Contract Renewal Agreement with
Blue Cross and Blue Shield of Michigan, for a one-year renewal
term for the period June 1, 1994 through May 31, 1995, the
Council does hereby authorize the Mayor and City Clerk, for and
on behalf of the City of Livonia, to execute the said agreement
in the manner and form herein submitted, as well as to do all
other things necessary or incidental to the full performance of
Ibm this resolution; FURTHER, the Council does hereby authorize the
said item without competitive bidding in accordance with Section
3 04 140D2 of the Livonia Code of Ordinances as amended
#425-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 23, 1994, which transmits
its resolution 5-100-94, adopted on May 17, 1994, with regard to
Petition 94-4-3-4, submitted by George Mesler, requesting the
vacating of a 30 foot easement located in the north 1/2 of
vacated Pembroke Avenue between Melvin Avenue and Oporto Avenue,
in the Northeast 1/4 of Section 2, the Council does hereby concur
in the recommendation of the Planning Commission and does grant
and approve the said Petition 94-4-3-4; and the Department of Law
is hereby requested to prepare the necessary vacating ordinance
in accordance with this resolution
#426-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 23, 1994, which transmits
its resolution 5-93-94, adopted on May 17, 1994, with regard to
Petition 94-3-2-8, submitted by Paul Bloom, requesting waiver use
approval to construct an addition to an existing veterinary
clinic located on the south side of Five Mile Road between
Merriman Road and Bainbridge Avenue in the Northwest 1/4 of
Section 23, which property is zoned C-2, the Council does hereby
16110 concur in the recommendation made by the City Planning Commission
and Petition 94-3-2-8 is hereby approved and granted, subject to
the following conditions
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1) That the Site Plan marked Sheet P-1 dated 03-28-94, prepared
110
by Lindhout Associates, Architects, which is hereby approved
shall be adhered to;
2) That the building elevations shown on the Site Plan which are
hereby approved shall be adhered to;
3) That the landscaping shown on the Site Plan which is hereby
approved shall be installed prior to the issuance of a
Certificate of Occupancy and shall thereafter be permanently
maintained in a healthy condition; and
4) That a greenbelt shall be substituted for the required
protective wall on the south property line
#427-94 RESOLVED, that having considered a communication from
Council Vice President Michael P McGee, dated May 23, 1994, with
respect to the City's policy concerning approval of septic tanks
and the connection to the sewer system, the Council does hereby
refer this matter to the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee for its report and recommendation
#428-94 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Valassis
Communications, Inc , dated May 19, 1994, covering new industrial
facilities to be located within City of Livonia Industrial
Development District 33;
110 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows
1 The City Clerk shall provide copies of the said Application
to the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, P A 1974, as amended
2 The City Clerk shall contact each of the affected taxing
units and, (i) indicate the Council's interest in this
matter, and (ii) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions on this Application and, (iii) advise
the said taxing units of this Council's desire to hold a
hearing on this Application on Monday, July 11, 1994, at
7 45 p m at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
3 The Council hereby sets Monday, July 11, 1994, at 7 45 p m ,
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a
hearing on said Application
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#429-94 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
IWO 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, July 18, 1994, at 8 00
p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 94-4-1-9, submitted by Jeff Winkler of Winkler
Builders, Inc , requesting a change of zoning of property
located on the west side of Louise Avenue between Eight Mile
Road and Morlock Avenue in the Northeast 1/4 of Section 2,
from M-1 to R-2, the City Planning Commission in its
resolution 5-91-94 having recommended to the City Council
that Petition 94-4-1-9 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed 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
IWo 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 McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, it was
#430-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution 755-88
in connection with a letter submitted by certain residents of the
Heart Subdivision, dated July 11, 1988, requesting the deletion
of the Sidewalk Bond requirement for this subdivision, the
Council does hereby amend Item No 7 of Council Resolution
111-88, adopted on February 10, 1988, so as to delete the
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Sidewalk Bond requirement set forth therein; FURTHER, the Council
does hereby, pursuant to Section 16 24 340, waive and modify the
improvement requirements set forth in Section 16 24 120 of the
Subdivision. Control Ordinance relative to sidewalk construction
in the Heart Subdivision for the reason that such improvement
would cause undue hardship in this case and would not be
necessary or otherwise in the best interest of the City
On a motion by Ochala, seconded by Toy, and unanimously adopted,
it was
#431-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution 755-88
in connection with a letter submitted by certain residents of the
Heart Subdivision, dated July 11, 1988, requesting the deletion
of the Sidewalk Bond requirement for this subdivision set forth
in Item No 7 of Council Resolution 111-88, adopted on February
10, 1988, the Council does hereby authorize the release to Vargo
and Associates, 35166 Vargo, Livonia, Michigan 48152, the
proprietor of Heart Subdivision, located on the west side of
Alois, south of Plymouth Road in Section 30, of the financial
assurances previously deposited with respect to the sidewalk
improvements, in the sum of $10, 900, of which $1, 000 was to be in
cash, pursuant to Council Resolution 111-88 and subsequently
amended in Council Resolution 972-88; FURTHER, all other
financial assurances now on deposit with the City, if any, with
respect to this subdivision shall remain the same and unchanged
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#432-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution
1171-89 in connection with the matter of the lack of sidewalks on
the east side of Newburgh between Schoolcraft and Five Mile Roads
and on the south side of Five Mile Road between Newburgh and
Levan Roads, the Council does hereby determine to take no further
action
On a motion by Ochala, seconded by Toy, and unanimously adopted,
it was
#433-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution 824-90
L in connection with the report and recommendation of the City
Engineer, dated August 17, 1990, approved for submission by the
Mayor, and submitted pursuant to Council Resolution 597-90, with
regard to the need for sidewalks on both sides of Schoolcraft
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from Inkster to Eckles in response to which is attached the
"Schoolcraft Sidewalk Inventory, " the Council does hereby
determine to refer this item to the City Engineer for his report
and recommendation
On a motion by Ochala, seconded by Kavanagh, it was
#434-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution 912-91
in connection with a letter from Stephen L Lindsay, 34050
Wadsworth, Livonia, Michigan, dated February 7, 1991, wherein a
request is submitted for the installation of sidewalks on
Wadsworth and south on Stark Road to Plymouth Road and on
Plymouth Road east to the Antique Shop, the Council does hereby
determine to take no further action
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Kavanagh, Ochala, Toy, and Taylor
NAYS Jurcisin and Feenstra
The President declared the resolution adopted
On a motion by Ochala, seconded by Toy, it was
#435-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution 212-92
with regard to the question of the installation of sidewalks on
Wadsworth, east of Stark Road in the Southeast 1/4 of Section 28,
the Council does hereby determine to take no further action
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Kavanagh, Ochala, Toy, and Taylor
NAYS Jurcisin and Feenstra
The President declared the resolution adopted
On a motion by Kavanagh, seconded by Toy, it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution 639-93
in connection with the report and recommendation of the City
Engineer, dated July 27, 1993, approved for submission by the
Mayor, and submitted pursuant to Council Resolution 553-93 with
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regard to the question of the notification process prescribed
under the single lot assessment ordinance with respect to
sidewalk and drive approach construction, the Council does hereby
determine as a matter of policy that in the event there are five
(5) or more continuous/contiguous property owners who are to be
assessed for installation of a new sidewalk and/or drive
approach, the Council shall conduct a public hearing prior to
final determination
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Ochala, and Toy
NAYS McGee, Jurcisin, Feenstra, and Taylor
The President declared the resolution denied
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was
#436-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution 639-93
in connection with the report and recommendation of the City
Engineer, dated July 27, 1993, approved for submission by the
Mayor, and submitted pursuant to Council Resolution 553-93 with
regard to the question of the notification process prescribed
under the single lot assessment ordinance with respect to
sidewalk and drive approach construction, the Council does hereby
refer this matter to the Streets, Roads and Plats Committee for
further study and thereafter to submit a report and
recommendation
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#437-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution 905-93
with respect to a proposal to install sidewalks on Levan Road
between Schoolcraft Road and Five Mile Road, the Council does
hereby refer this matter to the Streets, Roads and Plats
Committee for further consideration of whether sidewalks and/or a
traffic signal should be installed in this location and to
thereafter submit its report and recommendation
16 On a motion by Ochala, seconded by Kavanagh, it was
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#438-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994 and submitted pursuant to Council Resolution 14-94
in connection with the report and recommendation of the City
Engineer, dated December 8, 1993, approved for submission by the
Mayor, which sets forth certain alternatives for assessing the
cost of installing sidewalks along major mile roads such as
Inkster Road (Five Mile to Six Mile Road) , the Council does
hereby request that before determining whether to install
sidewalks on Inkster Road between Five and Six Mile Roads, the
City Engineer 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
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, and Feenstra
NAYS Taylor
The President declared the resolution adopted
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#439-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, and submitted pursuant to Council Resolution 353-94
in connection with a communication from the Department of Law,
dated April 15, 1994, which submits a proposed amendment to
Zoning Ordinance 543, pursuant to Council Resolution 262-94, in
connection with Petition 93-8-1-12 for a change of zoning on
property located on the south side of Five Mile Road between
Bainbridge and Henry Ruff in the Northwest 1/4 of Section 23,
from RUFA to R-3A, and which ordinance amendment received its
first reading by Councilmember Ochala at the Regular Meeting of
April 27, 1994, the Council does hereby determine to deny the
said Petition 93-8-1-12 for the reason that the petitioner has
requested in a communication dated June 8, 1994, that the
petition be withdrawn
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On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, it was
#440-94 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 18, 1994, the Council does hereby request that the Inspection
Department submit a report and recommendation on the status of
existing homes located on the south side of Five Mile Road
between Henry Ruff and Spanich Court
The bids received on June 7, 1994, re replacing/upgrading the
City's present Voter Registration Software/Hardware System, as well as the
Optical Scan System for voting and vote tabulation, were received and
placed on file for the information of the Council
At the direction of the Chair, Item 20 re presentation and
discussion of the Accu-Vote Tabulation System by Doubleday Brothers and
Company is to remain in Committee of the Whole
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SUBSECTION 14 OF SECTION 010
OF CHAPTER 16 (PARKS AND PLAYGROUNDS) OF TITLE 12
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 030A OF TITLE 5,
CHAPTER 30 (ENTERTAINMENTS AND AMUSEMENTS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
28299
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
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
AN ORDINANCE AMENDING SECTION 010 OF CHAPTER 56
(MALICIOUS MISCHIEF) OF, AND ADDING CHAPTER 85 (PARENTAL
RESPONSIBILITY) AND CHAPTER 89 (SPRAY PAINT) TO TITLE 9
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Kavanagh took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 030 OF TITLE 10,
CHAPTER 57 (TRUCK ROUTES) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
28300
Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SUBSECTIONS C, D, E AND F
OF SECTION 145 OF TITLE 10, CHAPTER 66 (VEHICLE
EQUIPMENT) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Toy took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 30 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 93-11-1-18)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
#441-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 15, 1994, and the
report and recommendation of the Chief of Police, dated May 12,
1994, approved for submission by the Mayor, the Council does
hereby approve of the request from Esam Shokrie and Samir
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Shoukri, stockholders in Sesco, Inc , for transfer of ownership
of SDM/SDD licensed business (Brass Mug) from Domenico and
Michael Soave for a business located at 19213 Newburgh, Livonia,
Michigan 48152, Wayne County; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
McGee indicated that even though his law firm is not directly
involved in the next matter, he will abstain from any participation so that
there is not a perceived conflict of interest, and also, that if the
Council decides to refer the item to a Council committee, he would request
that they refer it to a committee that he is not a member of
McGee left the podium at 8 50 p m
On a motion by Kavanagh, seconded by Ochala, it was
RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 25, 1994,
approved by the Personnel Director, the Labor Relations Director
and the Finance Department, and approved for submission by the
Mayor, with respect to specifications for the taking of
competitive proposals for the employment of bond counsel and
labor attorney, the Council does hereby approve the
specifications set forth therein to be utilized in the event that
requests for proposals to provide bond counsel and/or labor
counsel services are sought in the future
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Ochala, and Toy
NAYS Jurcisin, Feenstra, and Taylor
The President declared the resolution denied
On a motion by Kavanagh, seconded by Ochala, it was
#442-94 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 25, 1994,
approved by the Personnel Director, the Labor Relations Director
and the Finance Department, and approved for submission by the
Mayor, with respect to specifications for the taking of
competitive proposals for the employment of bond counsel and
labor attorney, the Council does hereby refer this matter to the
Finance and Insurance Committee for its report and
recommendation
28302
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor
NAYS None
The President declared the resolution adopted
McGee returned to the podium at 8 57 p m
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#443-94 RESOLVED, that the Council does hereby refer the matter
of whether references to "Chief" should be removed from job
titles to the Council Personnel Selection Committee for its
report and recommendation
On a motion by Feenstra, seconded by Jurcisin, it was
#444-94 RESOLVED, THAT WHEREAS, under the provisions of Title I
of the Housing and Community Development Act of 1987 the
Secretary of Housing and Urban Development is authorized to make
grants to units of local government to help finance community
development programs; and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable
living environment and expanding economic opportunities,
principally for persons of low and moderate income; and
WHEREAS, to obtain its Fiscal Year 1994 entitlement funds under
the Community Development Block Grant Program as authorized by
the Housing Community Development Act of 1987, the City of
Livonia must submit a statement of Community Development
objectives and project use of funds, satisfactory assurances that
the Program will be conducted and administered in accordance with
appropriate federal and state laws and Department of Housing and
Urban Development regulations; and satisfactory assurances that,
prior to submission of its Final Statement of Community
Development Objectives and Projected Use of Funds, it has (A)
provided citizens with adequate information concerning the amount
of funds available for proposed community development and housing
activities; the range of activities that may be undertaken, the
estimated amount of those funds proposed to be used for
activities that will benefit low and moderate income persons, and
other important program requirements, (B) held a public hearing
to obtain the views of citizens on community development and
housing needs, and (C) provided citizens an adequate opportunity
to examine the content of and to submit comments on the proposed
Statement of Community Development Objectives and Projected Use
of Funds
28303
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia,
Ibm that the Final Statement of Community Development Objectives and
Projected Use of Funds for the Fiscal Year 1994 Community
Development Block Grant Program is hereby approved with the
additional condition that the additional $15, 000 allocated to the
Public Services category be divided equally between First Step
and Community Commission on Drug Abuse so that each organization
receives an additional $7, 500, and shall be submitted to the
Department of Housing and Urban Development
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Jurcisin, Feenstra, and Taylor
NAYS Kavanagh, Ochala, and Toy
The President declared the resolution adopted
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#445-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 23, 1994, which transmits
its resolution 5-96-94, adopted on May 17, 1994, with regard to
Petition 94-4-2-12, submitted by Michael Patarino for
Schenkelshultz, Inc , requesting waiver use approval to construct
a full-service restaurant on property located on the southeast
corner of Schoolcraft and Middlebelt Roads in the Northwest 1/4
of Section 25, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 94-4-2-12 is hereby approved and granted,
subject to a variance being granted by the Zoning Board of
Appeals for a deficient number of parking spaces and to the
following additional conditions
1) That the site plan marked Sheet SD-1 dated 3-17-94, prepared
by Schenkels Architects, which is hereby approved shall be
adhered to;
2) That the Landscape Plan marked Sheet L-1 dated 3-15-94,
prepared by Schieber & Associates, Landscape Architects,
which is hereby approved shall be adhered to and the
landscape materials shall be installed prior to the issuance
of a Certificate of Occupancy and shall thereafter be
permanently maintained in a healthy condition;
3) That the Trash Enclosure Plan shown on C-2 dated 3-17-94,
prepared by Schenkels Architects, which is hereby approved
16 shall be adhered to;
28304
4) That the Building Elevation Plan marked Sheet A-2 dated
L3-17-94, prepared by Schenkels Architects, which is hereby
approved shall be adhered to;
5) That the total number of customer seats shall not exceed 334
seats; and
6) That all parking bays will be double striped
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
#446-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 24, 1994, which transmits
its resolution 5-98-94, adopted on May 17, 1994, with regard to
Petition 94-4-2-13, submitted by General Mills Restaurants, Inc
d/b/a China Coast, requesting waiver use approval to utilize a
Class C license in connection with a proposed restaurant on
property located on the southeast corner of Schoolcraft and
Middlebelt Roads in the Northwest 1/4 of Section 25, which
property is zoned C-2, the Council does hereby refer this matter
to the Committee of the Whole for its report and recommendation
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#447-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1994, which sets
forth its resolution 3-49-94, adopted on March 8, 1994, with
regard to Petition 94-1-1-3, submitted by the City Planning
Commission on its own motion, for a change of zoning on property
located on the east side of Deering, north of Joy Road in the
Southeast 1/4 of Section 36, from C-2 to RUF, and the Council
having conducted a public hearing with regard to this matter on
May 23, 1994, pursuant to Council Resolution 257-94, the Council
does hereby approve Petition 94-1-1-3, as modified, 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
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
L #448-94 RESOLVED, that the Council does, in accordance with
Section 23 01 of Zoning Ordinance 543, hereby request that the
City Planning Commission conduct a public hearing and thereafter
submit its report and recommendation on the question of the
28305
appropriateness of the RUF zoning in the area surrounding Deering
and Cardwell, north of Joy Road, in the Southeast 1/4 of Section
36
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#449-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1994, which sets
forth its resolution 3-50-94, adopted on March 8, 1994, with
regard to Petition 94-1-1-4, submitted by the City Planning
Commission on its own motion, for a change of zoning on property
located on the west side of Cardwell, north of Joy Road in the
Southeast 1/4 of Section 36, from RUF to R-1, and the Council
having conducted a public hearing with regard to this matter on
May 23, 1994, pursuant to Council Resolution 257-94, the Council
does hereby approve Petition 94-1-1-4 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
ihor On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#450-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1994, which sets
forth its resolution 3-51-94, adopted on March 8, 1994, with
regard to Petition 94-1-1-5, submitted by the City Planning
Commission, pursuant to Council Resolution 959-93, for a change
of zoning on property located on the west side of Middlebelt Road
between Seven Mile Road and Clarita Avenue in the Northeast 1/4
of Section 11, from C-1 and C-2 to P and from C-1 to C-2, and the
Council having conducted a public hearing with regard to this
matter on May 23, 1994, pursuant to Council Resolution 257-94,
the Council does hereby approve Petition 94-1-1-5 in part, so as
to approve the change of zoning from C-1 and C-2 to P and to
reject the proposed change of zoning from C-1 to C-2 and 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
thoOn a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
28306
#451-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1994, which sets
forth its resolution 3-58-94, adopted on March 8, 1994, with
regard to Petition 94-2-6-1, submitted by the City Planning
Commission on its own motion, to determine whether to amend
Section 18 46 of Zoning Ordinance 543 pertaining to division or
partitioning of lots, and the Council having conducted a public
hearing with regard to this matter on May 23, 1994, pursuant to
Council Resolution 257-94, the Council does hereby approve
Petition 94-2-6-1 for preparation of the ordinance for submission
to Council; and the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance with
this resolution
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#452-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1994, which sets
forth its resolution 3-59-94, adopted on March 8, 1994, with
regard to Petition 94-2-6-2, submitted by the City Planning
Commission on its own motion, to determine whether to amend
Section 23 05 of Zoning Ordinance 543 relative to the required
zoning sign, the Council does hereby approve Petition 94-2-6-2
for preparation of the ordinance for submission to Council; and
the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#453-94 WHEREAS, the City Council has received an application
for the transfer of an industrial facilities exemption
certificate to Kelsey-Hayes Company from Borg-Warner Automotive,
Inc , covering industrial facilities located within the City of
Livonia Industrial Development District No 46; and
WHEREAS, the Council did previously in Council Resolution 466-88,
adopted on May 18, 1988, approve an industrial facilities
exemption certificate for Borg-Warner Automotive, Inc , for a
period of 12 years, for a facility located at 12000 Tech Center
Drive, Livonia, Michigan 48150; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS FOLLOWS
(1) That the City Council, on the basis of the information
received from the applicant, Kelsey-Hayes Company, finds and
determines
28307
(a) That the approval of the transfer of this industrial
Lfacilities exemption certificate shall not have the
effect of substantially impeding the operation of the
local governmental unit in which the facility is to be
located; and
(b) The application has fully complied with the
requirements of Section 9, Act No 198, PA 1974, as
amended
(2) Council Resolution 466-88, adopted on May 18, 1988, is
hereby amended and revised to the extent necessary to be
consistent with the action taken herein
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#454-94 RESOLVED, that having considered a communication from
the Director of Finance, dated May 23, 1994, 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
$250 00 from the Livonia Anniversary Committee, Inc , for use to
help defray costs incurred by the City in conjunction with EXPO
1994
Kavanagh left the podium at 9 21 p m in order to avoid a perceived
impropriety regarding the next two (2) Agenda items
On a motion by Feenstra, seconded by Jurcisin, it was
#455-94 RESOLVED, that having considered a communication from
the Department of Law, dated May 26, 1994, submitted pursuant to
Council Resolution 314-94, transmitting for Council acceptance a
Quit Claim Deed dated May 12, 1994, executed by Ka-De
Investments, conveying to the City certain property described as
follows
The South 43 feet of the following described parcel of land
The West 165 feet of the East 363 feet of the South 198 feet
of the Northeast 1/4 of Section 21, T 1 S , R 9 E , City
of Livonia, Wayne County, Michigan (Lyndon Road Right-of-
Way) (Tax Parcel No 081-99-0032-000)
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 deed and the attached
discharge of mortgage recorded in the Office of the Register of
116 Deeds and to do all other things necessary or incidental to
fulfill the purpose of this resolution
28308
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Ochala, Toy, Jurcisin, Feenstra, and Taylor
NAYS None
The President declared the resolution adopted
On a motion by McGee, seconded by Toy, it was
#456-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 23, 1994, which transmits
its resolution 5-102-94, adopted on May 17, 1994, with regard to
a Sign Permit Application submitted by Ka-De Investments,
requesting approval to erect one ground sign on property located
at 33470 Lyndon Road in Section 21, 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 Apex Sign Group, Inc , received by
the Planning Commission on May 4, 1994, is hereby approved
and shall be adhered to;
2) That the sign shall not be illuminated beyond one hour after
closing; and
3) That the landscaping related to the sign as shown on the
Landscape Plan received by the Planning Commission on May
13, 1994 is hereby approved and shall be adhered to
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Ochala, Toy, Jurcisin, Feenstra, and Taylor
NAYS None
The President declared the resolution adopted
Kavanagh returned to the podium at 9 22 p m
During the audience communication portion of the meeting, City
Clerk McCotter requested donations be made to First Step of any hotel/
travel cosmetic samples that people might have at home and do not use
IL0Additionally, the Council President offered congratulations to Roger &
Rod's Barber Shop, which celebrated its 30th anniversary last Saturday
28309
On a motion by Ochala, seconded by Kavanagh, and unanimously
10 adopted, this 1, 274th Regular Meeting of the Council of the City of Livonia
was adjourned at 9 25 p m , June 8, 1994
4 ? ' 0 I '
.=n McCotter, City Clerk