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HomeMy WebLinkAboutCOUNCIL MINUTES 1997-10-08 30496 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 8, 1997, 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 8'03 p m Councilmember Taylor delivered the invocation. Roll was called with the following result: Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, and Joe Laura. Absent: None Elected and appointed officials present: Jack E. Kirksey, Mayor; John Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Linda McCann, Director of Community Resources, and Jeanne Treff, Cable Television Director On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was- #801-97 RESOLVED, that the minutes of the 1,353rd Regular Meeting of the Council of the City of Livonia, held September 22, 1997, are hereby approved as submitted During audience communication, Bruce Cunningham, 15929 Ellen Drive, requested that cracks be filled and repairs be made to portions of Ellen Drive On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #802-97 RESOLVED, that having considered a letter submitted by the Citizens of Ingram, dated August 1, 1997, regarding backyard drainage problems at 15416, 15436, 15500 and 15506 Ingram, the Council does hereby refer this matter to the Engineering Division for its report and recommendation. 30497 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #803-97 RESOLVED, that the Council does hereby refer to the Inspection Department for its report and recommendation and any enforcement required the subject matter of four (4) abandoned vehicles at the northeast corner of Bainbridge and Lyndon Councilmember Taylor wished Bonnie Johnson, Administrative Assistant in the City Council Office, a belated "Happy Birthday " (Monday, October 6, 1997) Jack Downey, 15947 Ellen Drive, also addressed repairs needed on Ellen Drive A communication from the Engineering Division, dated October 1, 1997, re status of the Hillcrest Court Development project, located at Five Mile and Spanich Court on the east side of Kroger, was received and placed on file for the information of the Council A communication from the Engineering Division, dated October 1, 1997, re construction/restoration status of the Edgewood Sanitary Sewer Replacement Project was received and placed on file for the information of the Council A communication from the Engineering Division, dated October 1, 1997, re. status of the Pines of Winfield Subdivision and the restoration work in Sheffield Estates was received and placed on file for the information of the Council A communication from the Department of Finance, dated September 22, 1997, re forwarding various financial statements of the City of Livonia for the month ending August 31, 1997, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by McGee, it was 30498 #804-97 RESOLVED, that having considered a letter from Jeffry A. Campeau, representing the Livonia Jaycees, dated September 8, 1997, which requests permission to place ten 24" x 24" signs announcing the Livonia Jaycees Annual Haunted House, which signs shall be installed on October 9, 1997, at the following intersections Plymouth and Middlebelt (Northeast) Schoolcraft and Middlebelt (Northeast) Seven Mile and Middlebelt (Northeast) Plymouth and Inkster (Northwest) Six Mile and Inkster (Southwest) Grand River and Inkster (Northwest) Seven Mile and Farmington (Northeast) Five Mile and Levan (Northwest) Five Mile and Farmington (Southeast) Six Mile and Newburgh (Northeast) and all signs to be removed no later than November 1, 1997, the Council does hereby grant and approve this request in the manner and form herein submitted #805-97 RESOLVED, that having considered a letter from Joan S Smykowski, representing the YMCA Livonia Family Branch, dated September 9, 1997, which requests permission to display two 6 ft. by 3 ft. signs announcing the Mulberry Holiday Market Craft Show to be held on Saturday, November 1, 1997, and which will be displayed at the intersection of Farmington and Lyndon Roads and the intersection of Stark and Schoolcraft Roads from October 27 through November 1, 1997, the Council does hereby grant and approve this request in the manner and form herein submitted #806-97 RESOLVED, that having considered a communication from the City Assessor, dated August 5, 1997, approved for submission by the Mayor, with regard to a request from Oscar Cox, 29204 Bretton, 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 approve of the proposed division of Tax Item No 46 003 01 0446 000 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A. Lot 446 except the East 75 feet of"Supervisor's Livonia Plat No 7" of the West 1/2 of the S W 1/4 of Section 1, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan (L. 66, P 58) Subject to easements of record Containing 0 62 acres 30499 PARCEL B. The East 75 feet of Lot 446 of"Supervisor's Livonia Plat No 7" of the West 1/2 of the S W 1/4 of Section 1, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan (L. 66 P 58) Subject to easements of record Containing 0 52 acres 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 such approval is granted subject to removal of the large shed located closest to the east lot line of the property A communication from the Department of Parks and Recreation, dated September 3, 1997, re administrative response to CR 702-96 - applying for a grant from the Department of Natural Resources and working with interested community groups regarding a proposed archery range for public use -was received and placed on file for the information of the Council #807-97 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 3, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 702-96, with respect to the subject of a possible archery range for public use, the Council does hereby refer this matter to the Capital Improvement Committee for its report and recommendation #808-97 RESOLVED, that having considered a communication from the Mayor, dated September 10, 1997, to which is attached a letter from a representative of the Board of Directors of the Michigan Coalition to Protect the Public Rights-of-Way from Telecommunications Encroachments (PROTEC), and an invoice with respect to the City's PROTEC membership dues for the period July 1, 1997, through June 30, 1998, the Council does hereby authorize the payment of$25,000 00 from funds already budgeted in the current 1996-97 Cable Division budget Account No 297-751-818-005 for this purpose A communication from the Cable Television Commission, dated September 15, 1997, re recommended allocation of access channels for the 30500 remainder of the franchise with Time Warner Cable was received and placed on file for the information of the Council how #809-97 RESOLVED, that having considered the report and recommendation of the Cable Television Commission, dated September 15, 1997, approved by the Director of Community Resources and approved for submission by the Mayor, transmitting Resolution 257-97 adopted by the Livonia Cable Television Commission at its meeting of September 4, 1997, the Council does hereby concur in the recommendation of the Livonia Cable Television Commission and does hereby approve loaning access channels 22 and 23 to Time Warner Cable for carriage of The Golf Channel and either a Flint PBS "must- carry" channel (WFUM) or an entertainment-based channel to be named with the following provisions 1 Clarenceville Schools programming shall be moved to Channel 10; Time Warner shall finance a first class mailing to all Clarenceville homes announcing such move (or provide funds equivalent to cost of such mailing) 2 MI-TV shall be placed on a discrete portion of the subscriber network and sent to all Livonia schools. 3 Recognizing that Time Warner has already purchased four (4) modulators and two (2) demodulators for the purpose of video arraignments on the institutional network, Time Warner shall purchase up to two (2) additional modulators if needed to send video from four sites Police Building, two (2) courtrooms and magistrate room 4 Time Warner shall purchase equipment for Livonia Public Schools in keeping with Cable Commission Resolution #256-97 in an amount not to exceed $18,000 00 5 Time Warner shall submit all material requested in a letter of July 28, 1997, for purposes of technical audit by September 22, 1997 FURTHER, the Council does hereby approve the allocation of access channels for the remainder of the franchise with Time Warner, expiring June, 1998, as follows Channel Designation 3 Community Bulletin Board 8 City Channel 8 10 Clarenceville Public Schools 12 Community Programming and Michigan Government TV (MGTV) M-F 10 AM-2 PM 30501 13 Catholic Television Network (CTN) & Eternal Word 16 Television Network (EWTN) 15 Livonia Public Schools Livonia College Network - shared by Madonna University and Schoolcraft College 19 Loaned to Time Warner. WADL 20 College Cable 21 Loaned to Time Warner. WBSX 22 Loaned to Time Warner WFUM or Entertainment Channel 23 Loaned to Time Warner Carriage of The Golf Channel #810-97 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated September 11, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of The Beresh Group Inc., 11835 Brookfield, Livonia, Michigan 48150, for completing all work required with respect to the removal and replacement of 226 bi-fold closet doors in the McNamara Towers #2 apartments for the total price of $34,913 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted for this purpose in the amount of $34,913 00 from Account Number 236-800-818-657 (CDBG), and the Executive Director of the Housing Commission is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A communication from the Livonia Housing Commission, dated September 18, 1997, re the Fiscal Year 1996 Assessment for the Public Housing Management Assessment Program (PHMAP) was received and placed on file for the information of the Council A communication from the Livonia Housing Commission, dated September 18, 1997, re the Livonia Housing Commission Audit Report for the Fiscal Year ending December 31, 1996, was received and placed on file for the information of 4 imp the Council 30502 #811-97 RESOLVED, that having considered the report and recommendation of the Acting Chief of Police, dated September 3, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of General Tires for the Division of Police from Belle Tire, 36591 Plymouth Road, Livonia, Michigan 48150, at unit prices which are less than the low State of Michigan bid price for Goodyear Tires, through December 31, 1999, FURTHER, the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #812-97 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 14, 1996, and a report and recommendation from the Chief of Police, dated September 17, 1997, in connection therewith, with respect to a request for a new SDM license and two (2) direct connections submitted by Kmart Corporation, 33400 W Seven Mile Road, Livonia, Michigan 48152, Wayne County, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this applicant's request for waiver use approval was denied and therefore this applicant would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #813-97 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 11, 1997, and the report and recommendation of the Acting Chief of Police, dated September 19, 1997, approved for submission by the Mayor, the Council does hereby approve of the request from Pick-a-Bone, Inc. for a transfer of ownership of 1996 Tavern- licensed business (in escrow) with Official Permit (Food) from Major Magic's - Lakeside, Inc., Charles J Taunt, Interim Trustee, for transfer of location from 33458 Seven Mile, Livonia, Michigan 48152, Wayne County, to 30325 Six Mile Road, Livonia, Michigan 48152, Wayne County, to transfer classification to a Class C license and for a new Dance-Entertainment Permit to be held in conjunction with such license, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #814-97 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 8, 1997, and the report and recommendation of the Acting Chief of Police, dated September 18, 1997, approved for submission by the Mayor, wherein it is requested that Council Resolution 1126-96 be amended, the Council does hereby 30503 amend and revise Council Resolution 1126-96 so as to have the same read as follows RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 28, 1996, and the report and recommendation of the Chief of Police, dated November 14, 1996, approved for submission by the Mayor, with regard to a request from J Alexander's Restaurants, Inc. (a Tennessee corporation) requesting approval of an application for a new Michigan Liquor Control Commission Class C full year liquor license and Official Permit (Food) and Service Permit for difference in hours of operation for a full service restaurant to be located on the east side of Haggerty, north of Seven Mile Road, Livonia, Michigan, Wayne County, in addition to prior approval already granted in Council Resolution 879-96, adopted on September 11, 1996, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #815-97 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 16, 1997, approved for submission by the Mayor, submitted pursuant to Council Resolution 1070-96, with regard to the competitive bid received in connection with the sale of City-owned property located at 9864 Stark Road, the Council does hereby accept the bid and authorize the sale of the aforesaid City-owned property to Gary Nixon, President, IVS - Home Builders, Inc., 13311 Stark Road, Livonia, Michigan 48150, for a total purchase price of$48,900 00, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a Quit Claim Deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction #816-97 RESOLVED, that the Council does hereby amend and revise Council Resolution 506-97 so as to have the same read as follows WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 392 for a proposed street improvement consisting of approximately 4" of asphalt over the existing roadway (Alternate IV) on Laurel Road, Curtis Avenue to Seven Mile Road, located in the Northwest 1/4 of Section 9 in the City of Livonia, Wayne County, 30504 Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, April 14, 1997, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 392, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated February 4, 1997, in the amount of$95,029 07, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No 392 is hereby approved and confirmed in all respects, effective immediately; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from the date said project is installed as certified by the City Engineer Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1, 1998, and subsequent installments on December 1st of succeeding years, (4) 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 said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish 30505 notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to the date said project is installed as certified by the City Engineer (5) The first installment shall be spread upon the 1998 City tax roll in the manner required by Section 3 08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from the date said project is installed as certified by the City Engineer, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08 220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay 15% of the paving costs ($16,769 84) and 100% of drainage costs ($25,300 00) for a total amount of $42,069 84 #817-97 RESOLVED, that having considered a communication from the City Engineer, dated September 2, 1997, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, regarding the Botsford Park Improvements Project (Contract 97-K), the Council does hereby reject all bids received in connection with this item, the action herein being taken for the reasons indicated in the aforesaid communication #818-97 RESOLVED, that having considered a communication from the City Engineer and the Director of Public Works, dated September 19, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding a proposed sanitary sewer system improvement consisting of the installation of small diameter storm sewers in the southern portion of the City to relieve existing drainage problems, the Council does hereby authorize the Director of Public Works, together with the Director of Finance, to prepare specifications and obtain competitive bids for the alternate drainage program as recommended in the aforesaid report and recommendation, 30506 the same to be thereafter submitted to Council for its consideration, and the Engineering Division is hereby authorized to obtain all necessary easements in order to facilitate such storm sewer construction #819-97 RESOLVED, that having considered a communication from the City Planning Commission, dated September 15, 1997, approved for submission by the Mayor, which transmits its resolution 8-141-97, adopted on August 19, 1997, with regard to a Sign Permit Application, submitted by T Rogvoy Associates, on behalf of Champps Americana, requesting approval to erect two wall signs for a proposed restaurant to be located at 19740 Haggerty Road in Southwest 1/4 of Section 6, 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 signage shown on the Exterior Building Elevation Plans marked A7 1 and A7 2, dated September 3, 1997, as revised, prepared by Champps Entertainment, Inc., would be limited to the east and west side, and 2 That the signage shall not be illuminated beyond 30 minutes after the restaurant closes #820-97 RESOLVED, that having considered a communication from the City Planning Commission, dated September 17, 1997, approved for submission by the Mayor, which transmits its resolution 9-148-97, adopted on September 16, 1997, with regard to the proposed preliminary plat of Parkview Subdivision to be located on the south side of Plymouth Road between Jarvis Avenue and Jug Handle Road in the Southeast 1/4 of Section 30, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on September 16, 1997, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements. #821-97 RESOLVED, that having considered a communication from Councilmember Michael P McGee, dated September 17, 1997, regarding a request for consideration of funding in the next fiscal year to develop and implement a City "Home Page" on the Internet to increase public access to Livonia government and services, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 30507 #822-97 RESOLVED, that having considered a communication from Councilmember Michael P McGee, dated September 22, 1997, the Council does hereby take this means to indicate its support of House Bill 4669 and Senate Bill 106 which encourage historic preservation efforts by offering financial incentives, FURTHER, since there are several properties located within the City of Livonia which have been designated as historic, the passage of this legislation could be of great benefit with respect to those properties, FURTHER, the Council does hereby request that a copy of this resolution be forwarded to Governor Engler, State Senator R. Robert Geake, State Representative Lyn Bankes, State Representative Gerald Law, the MML State and Federal Affairs Division, and the Conference of Western Wayne #823-97 RESOLVED, that having considered a communication from the City Librarian, dated September 23, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from the Assistant Personnel Director, dated September 23, 1997, transmitting a copy of a resolution adopted by the Civil Service Commission at its regular meeting of September 10, 1997, requesting pay scale adjustments for the classifications of Librarian I and Librarian II, the Council does hereby concur in the recommendation of the Civil Service Commission and the pay scale adjustments for the classifications of Librarian I and Librarian II are hereby amended, effective November 1, 1997, as follows' LIBRARIAN I Current Wage Rate Adjusted Wage Rate STEP 1 $29,993 60 $31,345 60 STEP 1 5 $30,596 80 $31,969 60 STEP 2 $31,158 40 $32,593 60 STEP 3 $32,344 00 $33,904 00 STEP 4 $33,612.80 $35,256 00 STEP 5 $34,923 20 $36,670 40 LIBRARIAN II Current Wage Rate Adjusted Wage Rate STEP 1 $37,419.20 $39,104 60 STEP 1 5 $38,188 80 $39,894 40 STEP 2 $38,916 80 $40,664 00 STEP 3 $40,352.00 $42,286 40 STEP 4 $41,953.60 $43,971.20 STEP 5 $43,555.20 $45,739.20 FURTHER, the Council does hereby authorize the transfer of $40,000 00 from the Library Fund Balance to cover the increase in wage and fringe benefit accounts for Fiscal Year 1998 30508 A roll call vote was taken on the foregoing resolutions with the following result: it AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura. NAYS None On a motion by Duggan, seconded by Brosnan, it was. #824-97 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 1, 1997, submitted pursuant to Council Resolution 586-97, and a communication from the City Planning Commission, dated June 23, 1997, which transmits its resolution 6-101-97, adopted on June 17, 1997, with regard to the proposed preliminary plat of Jacol Subdivision to be located on the north side of Six Mile Road, east of Laurel Drive in the Southwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on June 17, 1997, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to a variance being granted by the Zoning Board of Appeals to allow up to a fifty foot extension of a less restrictive use into a more restrictive zoning district and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements Communications from Grand River Baptist Church and from Lorraine Bowers, dated October 7, 1997 and October 6, 1997, respectively, re the sale of vacant church property to Jacol Development were received and placed on file for the information of the Council A roll call vote was then taken on the foregoing resolution with the following result: AYES Taylor, Duggan, Brosnan, Vandersloot, and McGee NAYS Feenstra and Laura The President declared the resolution adopted Dan DiComo, 33150 Schoolcraft, Suite 104, representing Jacol Development, stated that the preliminary plat may be amended by the addition of property to the north of this subdivision prior to the final plat approval 30509 On a motion by Duggan, seconded by Brosnan, it was #825-97 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 1, 1997, submitted pursuant to Council Resolution 586-97, and a communication from the City Planning Commission, dated June 23, 1997, which transmits its resolution 6-101-97, adopted on June 17, 1997, with regard to the proposed preliminary plat of Jacol Subdivision to be located on the north side of Six Mile Road, east of Laurel Drive in the Southwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on June 17, 1997, the Council does hereby refer this matter to the Livonia City Council/Schools Liaison Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Duggan, Brosnan, Vandersloot, and McGee NAYS Feenstra and Laura. The President declared the resolution adopted On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #826-97 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 1, 1997, submitted pursuant to Council Resolution 584-97, and a communication from the City Assessor, dated June 12, 1997, approved for submission by the Mayor, with regard to a request from Jerald Gottlieb, P 0 Box 250273, Franklin, Michigan 48025, on behalf of JoAnne Turshnuik, 14000 Richfield, Livonia, Michigan 48154, and James Mullen, 726 Fawn Drive-Kingscountry, Scroggins, Texas 75480-4218, 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 and combining Tax Item Nos 46 076 01 0027 001 and 46 076 01 0027 002 into three (3) parcels since the 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 The petitioner, Jerry Gottlieb, addressed the foregoing matter, indicating that the three (3) lots would still be 100'x150' and would benefit the neighborhood 30510 Michelle Fetterman, 14085 Richfield, stated the neighbors still want three (3) long lots If the petitioner had the extra 75' (property to the east of these parcels), he would be more likely to sell these homes Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 97-4-3-3) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #827-97 RESOLVED, that having considered a letter dated September 22, 1997, from James C McCann, Attorney at Law, representing Michael Hamilton, President of Mesquite, Inc., requesting approval of an application for a new full-year, on-premise Michigan Liquor Control Commission Class C liquor license for a restaurant to be located at 13800 Middlebelt Road, Livonia, Michigan, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City approves the said request "Above All Others", and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Jim McCann, attorney for the petitioner, stated that Leo Burton is now 51% shareholder of the corporation, with Michael Hamilton owning the other 49% He also stated that they will not be requesting an entertainment license at this location On a motion by Feenstra, seconded by McGee, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 13, 1997, and a report and recommendation from the Chief of Police, dated September 17, 1997, approved for submission by the Mayor, regarding a request from I Am, Inc. for a new Outdoor Service Permit to be held in conjunction with 1997 30511 Class C licensed business with Dance-Entertainment Permit located at 11791 Farmington Road, Livonia, Michigan 48150, Wayne County, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this applicant would be in violation of and in non-compliance with requirements prescribed by the Livonia Zoning Ordinance 543, as amended, specifically, failing to apply for and obtain a waiver use, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Taylor, seconded by Brosnan, it was. RESOLVED, that the Council does hereby determine to substitute a resolution in lieu of the foregoing which would send this matter to the Committee of the Whole for its report and recommendation. Feenstra and McGee withdrew their motion on the foregoing resolution. Taylor and Brosnan withdrew their motion to substitute On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #828-97 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 13, 1997, and a report and recommendation from the Chief of Police, dated September 17, 1997, approved for submission by the Mayor, regarding a request from I Am, Inc. for a new Outdoor Service Permit to be held in conjunction with 1997 Class C licensed business with Dance-Entertainment Permit located at 11791 Farmington Road, Livonia, Michigan 48150, Wayne County, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Duggan left the podium at 9 09 p m. due to a conflict of interest on the next matter, as he represents the petitioner On a motion by Brosnan, seconded by Taylor, it was #829-97 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated August 29, 1997, approved for submission by the Mayor, the Council does hereby authorize the release to Leo Soave Building Co , 34822 Pembroke, Livonia, Michigan 48152, the proprietor of Lakeside Estates Subdivision No 2, located in the Southeast 1/4 of Section 33, of the financial assurances previously deposited pursuant to Council Resolution 339-97 adopted on April 30, 1997, specifically. 30512 a) General Improvement Bond $47,000 00 ($10,000 00 minimum cash), and b) Monument & Lot Marker Bond $ 400 00 (all cash), FURTHER, all other financial assurances (including the Soil Erosion and Sidewalk Bond) now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Feenstra, Brosnan, Vandersloot, McGee, and Laura. NAYS None The President declared the resolution adopted A communication from the Office of the Mayor, dated October 7, 1997, re the underground electrical system for Lakeside Estates Subdivision and Lakeside Estates Subdivision No 2 was received and placed on file for the information of the Council Duggan returned to the podium at 910 p m. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #830-97 RESOLVED, that having considered a communication from the City Planning Commission, dated September 18, 1997, which transmits its resolution 9-150-97, adopted on September 16, 1997, with regard to Petition 97-8-8-21 submitted by Mohamad R. Chahrour, requesting site plan approval in connection with a proposal to construct a gas station/convenience store on property located at 29401 Seven Mile Road in the Northeast 1/4 of Section 11, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation The attorney for the petitioner, Salem Samaan, stated that various revisions had been made to the site plan to comply with Council's concerns. 30513 On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #831-97 RESOLVED, that having considered a communication from the City Planning Commission, dated July 31, 1997, approved for submission by the Mayor, which sets forth its resolution 7-117-97, adopted on July 22, 1997, with regard to Petition 97-6-1-7, submitted by Mary Omar, for a change of zoning of property located on the north side of Schoolcraft Road (1-96 Service Drive) between Newburgh Road and Richfield Avenue in the Southeast 1/4 of Section 19, from RUF to OS, and the Council having conducted a public hearing with regard to this matter on September 29, 1997, pursuant to Council Resolution 655-97, the Council does hereby concur in the recommendation of the Planning Commission and Petition 97-6-1-7 is hereby denied for the following reasons. 1 That the proposed change of zoning would provide for a further encroachment of non-residential zoning and land uses into a predominately residential area, 2 That the proposed change of zoning would provide for uses that 3 are not needed in this area, That the proposed change of zoning is contrary to the Future Land Use Plan which designates the subject area as low density residential, and 4 That the proposed change of zoning would tend to encourage future requests for non-residential zoning changes on adjacent property On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #832-97 RESOLVED, that having considered a communication from the City Planning Commission, dated July 31, 1997, approved for submission by the Mayor, which sets forth its resolution 7-118-97, adopted on July 22, 1997, with regard to Petition 97-6-1-8, submitted by the City Planning Commission, pursuant to Council Resolution 419-97, for a change of zoning of property located on the east side of Newburgh Road, south of Ann Arbor Trail, in the Northwest 1/4 of Section 32, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on September 29, 1997, pursuant to Council Resolution 655-97, the Council does hereby approve Petition 97-6-1-8, as modified to change the zoning classification to R-C, for preparation of the ordinance for submission to Council, and the City Planner is hereby 30514 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 Feenstra, seconded by Duggan, and unanimously adopted, it was #833-97 RESOLVED, that the Council does hereby refer to the Streets, Roads and Plats Committee for tracking purposes the subject matter of Petition 97-6-1-8 by the City Planning Commission, pursuant to CR 419-97 and pursuant to Section 23 01(a) of Zoning Ordinance No 543, to rezone property located on the east side of Newburgh Road, south of Ann Arbor Trail in the Northwest 1/4 of Section 32 from RUF to R-1 (Rural Urban Farm - 1/2 Acre Lots to One Family Residential - 60' x 120' Lots) On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #834-97 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 19, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $21 25 from the Plymouth Community United Way, which brings the total amount received from the Plymouth Community United Way since 1992 to $282 50, the same to be appropriated and credited to Account #702-000-285-215 for use in connection with the Livonia Youth Assistance Program On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #835-97 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 19, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $3,764 00 from the Plastomer Corporation, which brings the total amount received from the Plastomer Corporation since 1994 to $10,784 00; FURTHER, the Council does hereby appropriate and credit the same to Account #702-000-285- 215 for use in the Livonia Youth Assistance Program. 30515 A communication from Debbie Dufour, Youth Assistance, dated October 7, 1997, re cumulative donation amounts made to the Livonia Youth Assistance "' Programs from the Plymouth Community United Way, the Plastomer Corporation, and from Target Stores was received and placed on file for the information of the Council On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #836-97 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 19, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash grant in the amount of$4,100 00 from the Target Stores, a Division of the Dayton Hudson Corporation, which brings the total amount received from the Target Stores since 1989 to $57,100 00, the same to be appropriated and credited to Account#702- 000-285-215 for use in connection with the Livonia Youth Assistance Program On a motion by Duggan, seconded by Vandersloot, it was #837-97 RESOLVED, that having considered a communication from the Department of Law, dated September 19, 1997, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that closed Committee of the Whole Meetings be held Monday, October 13, 1997, at 6 45 p m and on Wednesday, October 29, 1997, at 7 00 p m for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None The President declared the resolution adopted There was no audience communication at the end of the meeting 30516 On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,354th Regular Meeting of the Council of the City of Livonia was t iik, adjourned at 9.22 p m , October 8, 1997 -46 VA I 02iat1 Jiin McCotter, City Clerk L L