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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-01-31 29267 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND THIRTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 31, 1996, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Duggan delivered the invocation Roll was called with the following result: Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor, and Joe Laura Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Sean P Kavanagh, newly-appointed City Attorney; Ann W Tavolacci, Deputy City Clerk, Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Finance Director; Ronald J Engle, Fire Chief; John Fegan, Director of Inspection, Jeanne Treff, Cable Television Director; Barbara Scherr, Assistant City Attorney; William C Fried, Municipal Building Authority of Livonia, and William LaPine, Planning Commission On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #44-96 RESOLVED, that the minutes of the 1,312th Regular Meeting of the Council of the City of Livonia, held January 17, 1996, are hereby approved as submitted No one from the audience wished to speak at this time At the direction of the Chair, Items 2 and 11 were removed from the Consent portion of the Agenda. On a motion by Taylor, seconded by Duggan, it was #45-96 RESOLVED, that having considered a letter from the Dean of Marketing & Development of the Schoolcraft College Foundation, dated 29268 January 5, 1996, wherein a request is submitted to place 22" x 14" campaign signs advertising a Spring craft show to be conducted on Saturday, March 9, 1996, and a Fall craft show to be conducted on Saturday and Sunday, November 9 and 10, 1996, at Schoolcraft College, the purpose of which is to raise funds for student scholarships, which signs are to be installed no earlier than Monday, March 4, 1996, and removed no later than Monday, March 11, 1996, for the Spring craft show and installed no earlier than Monday, November 4, 1996, and removed no later than Monday, November 11, 1996, for the Fall craft show, at the following locations Two signs - Six Mile and Haggerty Two signs - Seven Mile and Haggerty One sign - Laurel Park Drive and Six Mile Road Two signs - Five Mile and Newburgh Two signs - Five Mile and Farmington Two signs - Six Mile and Newburgh Two signs - Seven Mile and Newburgh One sign - Seven Mile and Merriman Two signs - Seven Mile and Farmington the Council does hereby concur in and approve of this request in the manner and form herein submitted, such signs to be located on the right- of-way as close as possible to the sidewalk. #46-96 RESOLVED, that having considered a communication from the City Assessor, dated January 3, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct public hearings in 1996, which public hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 FIRST SESSION Tuesday March 5, 1996 1 00 p m - 4 30 p m Wednesday March 6, 1996 9 00 a.m - 12 30 p m 2 00 p m - 4 30 p m Friday March 8, 1996 900 a m - 12 30 p m 2 00 p m - 430 p m Saturday March 9, 1996 9 00 a m - 3 00 p m SECOND SESSION Monday March 11, 1996 1 00 p m - 8 00 p m Tuesday March 12, 1996 1 00 p m - 4 30 p m Wednesday March 13, 1996 9 00 a m - 12 30 p m 2 00 p m - 4 30 p m Friday March 15, 1996 900 a m - 12 30 p m 2 00 p m - 4 30 p m Saturday March 16, 1996 9 00 a m - 3 00 p m 29269 Monday March 18, 1996 1 00 p m - 8 00 p m Tuesday March 19, 1996 1 00 p m - 4 30 p m Wednesday March 20, 1996 9.00 a.m - 12 30 p m 2 00 p m - 4 30 p m Friday March 22, 1996 9.00 a.m - 12 30 p m 2 00 p m - 4 30 p m FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E V ) for the year 1996 CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Residential 50 00 1 0000 Personal 50 00 1 0000 #47-96 RESOLVED, that having considered the report and recommendation of the Cable Television Commission, dated January 9, 1996, approved by the Director of Community Resources and approved for submission by the Mayor, and to which is attached Resolution 241-96 adopted by the Livonia Cable Television Commission at its meeting of January 3, 1996, the Council does hereby concur in the recommendation of the Livonia Cable Television Commission and does hereby approve the allocation of access channels as follows for a one-year period CHANNEL DESIGNATION 3 Community Bulletin Board 8 City Channel 10 M-ITV Educational Programming - State 12 Community Programming 13 Catholic Television Network (CTN) & Eternal Word Television Network (EWTN) (shared allocation) 15 Livonia Public Schools K-12 16 Livonia College Network Madonna University and Schoolcraft College 19 Loaned to Time Warner for WADL-Mt. Clemens 20 College Cable 22 Blank for Future Allocation (formerly Bravo) 23 Clarenceville Public Schools K-12 24 Loaned to Time Warner for WBSX-Ann Arbor #48-96 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 8, 1995, which bears the signature of the Finance Director and is approved for 29270 submission by the Mayor, to which is attached a proposed software maintenance agreement between Digital Equipment Corporation and the City of Livonia, wherein the Digital Equipment Corporation would continue to provide a high level technical support plan for the Livonia Police Department computer system for a three-year period for the sum of $16,832.00 per year, from funds already budgeted for this purpose, the Council does hereby approve this agreement and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to affix their signatures to such contract, as well as to do all other things necessary or incidental to the full performance of this resolution, and the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #49-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 3, 1995, and the report and recommendation from the Chief of Police, dated January 5, 1996, in connection therewith, approved for submission by the Mayor, the Council does hereby recommend approval of the request from Courtyard Management Corporation (a Delaware Corporation) and Courtyard by Marriott II Limited Partnership (a Delaware Limited Partnership), co- licensees, to transfer stock in 1995 12-Month Resort B-Hotel licensed business located at 17200 N Laurel Park, Livonia, Michigan 48154, Wayne County, through transfer of all stock (100 shares) from Marriott Corporation to new stockholder Marriott International, Inc., and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #50-96 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 16, 1996, 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 Bedzyk Brothers, Inc., 31523 W Eight Mile, Livonia, Michigan 48152, for completing all work in connection with the renovation of the Police Headquarters in order to house a new communication center for the City for the sum of $18,650 00, the same having been the lowest bid received for this item, and the same to be expended from funds already budgeted for this purpose in Account No 261-000-818-000; and the Chief of Police 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 451-96 RESOLVED, that having considered a communication from the Director of Finance, dated January 12, 1996, approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and Karoub Associates, 200 North Capitol Avenue, Suite 500, Lansing, Michigan 48933, to act as the City's legislative consultant 29271 for the period January 1, 1996, through December 31, 1996, for an annual fee of $20,000 00, including all expenses, the Council does hereby approve the agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said agreement, subject to approval as to form by the Department of Law #52-96 RESOLVED, that having considered a communication from the Mayor and City Council, dated January 17, 1996, with respect to the possible installation of traffic signals at the intersections of Victor Parkway and Eight Mile Road and Newburgh Road and Pembroke due to increased traffic, the Council does hereby refer this item to the Traffic Commission for its report and recommendation #53-96 RESOLVED, that the Council does hereby refer the subject of the necessity for turn lanes and additional pedestrian signals at the Newburgh Road and Pembroke Road intersection to the Engineering Department for its report and recommendation #54-96 RESOLVED, that having considered a communication from the City Planning Commission, dated December 13, 1995, which transmits its resolution 11-230-95, adopted on November 28, 1995, with regard to Petition 95-10-2-30, submitted by Jean G Newell requesting waiver use approval to operate a dance studio within an existing building located on the west side of Farmington Road between Roycroft and Rayburn in the Southeast 1/4 of Section 16, which property is zoned OS, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 95-10-2-30 is hereby approved and granted, subject to the following conditions 1) A limitation on the number of students permitted in the building at any one time of not to exceed 20; and 2) That the parking lot shall be repaved and restriped, adding one barrier-free parking space, and a ramped access to the building's sidewalk shall be constructed before an Occupancy Permit is issued #55-96 RESOLVED, that having considered a communication from the City Planning Commission, dated January 18, 1996, which transmits its resolution 1-7-96, adopted on January 16, 1996, with regard to Petition 95-12-2-33, submitted by Gallagher Group requesting waiver use approval to construct an auto repair center on property located on the west side of Middlebelt Road between Six Mile Road and Ravine Drive in the Southeast 1/4 of Section 11, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 95-12-2-33 is hereby approved and granted, 29272 subject to the granting of a variance for a deficient front yard setback by the Zoning Board of Appeals and to the following additional conditions. 1) That the Site Plan marked Sheet#1 dated December 18, 1995, prepared by Gallagher Group Construction Co , which is hereby approved, shall be adhered to, 2) That the Building Elevation Plan dated December 18, 1995, prepared by Gallagher Group Construction Co , which is hereby approved, shall be adhered to, and 3) That the Landscape Plan dated December 18, 1995, prepared by Gallagher Group Construction Co , which is hereby approved, shall be adhered to and shall be installed prior to final inspection, and shall thereafter be permanently maintained in a healthy condition A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS None On a motion by Duggan, seconded by McGee, and unanimously adopted, it was #56-96 RESOLVED, that having considered a communication from Edward L. McIntosh, President of Clippers, dated January 10, 1996, requesting an amendment to Council Resolution 803-94 to modify the condition of a waiver use approval regarding hours of operation imposed by the Council in connection with Petition 94-7-2-25, the Council does hereby amend and revise Council Resolution 803-94, adopted on November 9, 1994, so as to provide that the loading and unloading of vehicles shall be permitted on a 24-hour basis from November 1, 1996 through April 1, 1997 (i e , extended hours shall be allowed for such trial period), to accommodate the snow removal portion of the business and that from April 2 through October 31 of each year, the loading and unloading of vehicles shall be permitted only during the hours of 7 30 am and 6 00 p m , and the balance of Council Resolution 803-94 shall remain in full force and effect. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #57-96 RESOLVED, that the Council does hereby receive and place on file for the information of the Council the report of the Inspection 29273 Department, dated January 24, 1996, regarding a complaint pertaining to the business hours of Clippers Landscaping, 29615 Eight Mile Road, Livonia, Michigan The reports and recommendations of the Department of Parks and Recreation and the Parks and Recreation Commission, dated November 2, 1995, and of the Arts Commission, dated August 4, 1995, re the subject of the Master Civic Center Park Plan and the harmonious integration of additional items, including landscaping, sculptures, jogging trails, and the like, were received and placed on file for the information of the Council (CR 288-95) On a motion by Feenstra, seconded by Duggan, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 16, 1996, submitted pursuant to Council Resolution 179-93, and a communication from the City Planning Commission, dated January 5, 1993, which sets forth its resolution 12-537-92, adopted on December 15, 1992, with regard to Petition 92-10-1-23, submitted by Stuart Frankel for a change of zoning on property located on the south side of Six Mile Road between Fitzgerald Avenue and Newburgh Road in the Northwest 1/4 of Section 17, from OS to C-2, P and AG, and the Council having conducted a public hearing with regard to this matter on February 22, 1993, pursuant to Council Resolution 9-93, the Council does hereby approve Petition 92-10- 1-23, as modified, so as to rezone the property from OS to C-2 and P, 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, and the Council does hereby authorize the City Attorney, for and on behalf of the City of Livonia, to execute a Stipulation and Modification to the Consent Judgment previously entered with respect to this property as may be required in connection with the previous civil action Councilmembers Feenstra withdrew his motion and Duggan withdrew his support of the motion on the foregoing resolution 29274 On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #58-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 16, 1996, submitted pursuant to Council Resolution 179-93, and a communication from the City Planning Commission, dated January 5, 1993, which sets forth its resolution 12-537-92, adopted on December 15, 1992, with regard to Petition 92-10-1-23, submitted by Stuart Frankel for a change of zoning on property located on the south side of Six Mile Road between Fitzgerald Avenue and Newburgh Road in the Northwest 1/4 of Section 17, from OS to C-2, P and AG, and the Council having conducted a public hearing with regard to this matter on February 22, 1993, pursuant to Council Resolution 9-93, the Council does hereby reject the recommendation of the Planning Commission and Petition 92-10-1-23 is hereby denied for the following reasons 1) That the proposed changes of zoning are contrary to the Future Land Use Plan which designates the subject site for Office land use, 2) That the proposed C-2 zoning district will be detrimental to and not in harmony with the surrounding uses in the area, 3) That there is no demonstrated need for additional commercial zoning in the area, and 4) That the proposed changes of zoning are in conflict with the agreement stipulated in connection with certain litigation involved with the subject property From the audience, the following individuals spoke regarding the proposed change of zoning by Stuart Frankel 1) Gary Witt, 16795 Renwick - he is the Vice President of the Kingsbury Heights Civic Association In 1993 their association was opposed to this same zoning change He feels that any change in commercial zoning will result in problems for the area residents He is also concerned about who will be in there - Kroger or Food Emporium? A meeting is scheduled for February 20 with Mr Frankel, Kroger, and the civic association He asked that no action be taken on this matter until after this meeting, where they hopefully will receive more information 2) Susan Tranquilla, 16823 Fitzgerald - she is the former president of the civic association She was opposed to a zoning change in 1993 and she is still opposed She went to two Kroger stores to check on their trash situation and found them to be quite messy (photographs were shown to the Council) She is opposed to having a Kroger so close to her 29275 3) Bev Delor, 17007 Fitzgerald - she owns the third house south of Six Mile Road, and putting in a Kroger would mean having 200 parking spaces behind her house She has no air conditioning and her windows are always open There are also a lot of accidents in that area She doesn't think putting in a Kroger store would be good for the area 4) Joe Charnawskas, 36927 Munger - commented that ever since Mr Frankel bought that property they have had nothing but trouble, he does not take care of that property He also commented on the traffic problems in the area. There used to be a Kroger at Five Mile and Newburgh years ago, but they abandoned it and it turned into Foodland. 5) George Jevarjian, 36602 Grove - stated that Mr Frankel's projects have been a thorn in their sides for a long time "We have to look at history before we can look at the future " The parking lot is in poor shape, there is a possibility of Kroger being a 24- hour store, the road there goes from three lanes to two lanes and many accidents occur 6) Stuart Moyer, 37202 Munger - named off nine (9) other food stores in the area, and stated he didn't think we need to rezone for another one On a motion by Taylor, seconded by McGee, it was #59-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 16, 1996, submitted pursuant to Council Resolution 933-95, the Council does hereby rescind and repeal Council Resolution 840-95 A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura NAYS Feenstra The President declared the resolution adopted On a motion by Taylor, seconded by Brosnan, it was #60-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 16, 1996, submitted pursuant to Council Resolution 933-95, and a communication from the City Planning Commission, dated November 2, 1995, which transmits its resolution 10-206-95, adopted on October 24, 1995, with regard to Petition 95-9-2-28, submitted by Arbor Drugs, Inc. requesting waiver use approval for an SDM license for a proposed store to be located within the Four Oaks Shopping Center located on the northwest corner of Newburgh and Joy Roads in the Southeast 1/4 of Section 31, 29276 which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 95- 9-2-28 is hereby approved and granted A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS Feenstra The President declared the resolution adopted On a motion by Taylor, seconded by Brosnan, it was #61-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 16, 1996, submitted pursuant to Council Resolution 933-95, and a communication from the Michigan Liquor Control Commission, dated December 5, 1994, and the report and recommendation of the Chief of Police, dated August 23, 1995, in connection therewith, approved for submission by the Mayor, the Council does hereby determine that it has no objection and does recommend approval of the request from Arbor Drugs, Inc. for a new SDM license to be located at 8811 Newburgh Road, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura NAYS Feenstra The President declared the resolution adopted On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #62-96 RESOLVED, that the Council does hereby determine to take no further action with respect to the matter of the proposed amendment to Section 090 of Title 3, Chapter 05 (City Property Disposition) of the Livonia Code of Ordinances, as amended McGee gave first reading to the following Ordinance AN ORDINANCE AMENDING EXHIBIT D(A)(2) OF ORDINANCE 1685 OF THE LIVONIA CODE OF 29277 ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 040 AND 050C OF AND ADDING SECTION 070 TO CHAPTER 84 (PRIMARY AND REGULAR ELECTIONS) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting From the audience, the following individuals spoke regarding the foregoing matter 1) Denise Mika-Biga, 35354 Lancashire - questioned the meaning of certain sections of the proposed ordinance change, 2) Tim Bailey, 9826 Cranston - questioned the definition of "term" in the proposed ordinance amendment, and stated this amendment would change the meaning of what he voted for "Term" should include tenure, 3) Jim Biga, 35354 Lancashire - asked the Council not to go ahead with this amendment, especially item "c" which pertains to the definition of "term " He feels that this is a revision of the City Charter; 4) Patricia Holmes, 11015 Merriman - feels there is a conflict of interest for Councilmembers McGee and Brosnan to be on a committee re term limits, they have a special interest in this issue and how it affects them She also stated it is not appropriate for the Council to change what the citizens have voted for No combination is supposed to exceed eight (8) years, 5) Michael Driscoll, 19229 Shadyside - he submitted a written statement for the record He asked the Council to reject the first reading for this amendment. He believes it nullifies the term limits concept that he voted for, and that there is a loop- hole in this amendment; and 6) Loraine Connelly, 32148 Camborne Lane - questioned the fact that our City spent $30,000 on a special election and now you (the Council) want us to believe it 29278 didn't count? Stated that if the Council voted for this ordinance amendment, they are not speaking for the people who voted for term limits Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 10 02 OF AND ADDING SUBSECTION (k) TO SECTION 10 03 OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 95-7-6-4) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 95-10-3-3) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 95-10-3-4) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura NAYS None 29279 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 25 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 95-7-1-16) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, 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 Feenstra, it was RESOLVED, that the Council does determine to receive and place on file for the information of the Council the report from the Fire Chief, dated December 21, 1995, regarding a requested increase in ambulance fees, which shall be considered the report and recommendation requested in Council Resolution 917-95 At the direction of the Chair, the report from the Fire Chief, dated December 21, 1995, submitted pursuant to Council Resolution 917-95 regarding a requested increase in ambulance fees, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Vandersloot, and unanimously adopted, it was #63-96 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 21, 1995, which bears 29280 the signature of the Director of Finance and the Mayor, requesting an increase in ambulance fees, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #64-96 RESOLVED, that having considered the report and recommendation of the Mayor, dated January 15, 1996, which bears the signature of the City Attorney and the Finance Director, the Council does hereby authorize a 1995-1996 fiscal year budget adjustment transfer in the amount of $18,109 00 from Account Number 101-173-722-000 ($18,109 00) to Account Number 101-222-702-000 (Law Department Salaries and Wages) and Account Numbers 101-222-715-000, 101-222- 717-000, 101-222-719-000, 101-222-720-000 and 101-222-722-000 (Law Department Fringe Benefits), such transfer being made to provide for $55,000 00 salary and part-time fringe benefits for the City Attorney, a $4,000 00 salary adjustment for the Chief Assistant City Attorney, increased services and continuation of all current Department of Law employees, FURTHER, the Council does hereby set the salary of the Chief Assistant City Attorney, effective February 1, 1996, as follows Classification 1995-96 Rates* Bi-weekly Annual Chief Asst. City Attorney Step 1 $2,279 20 $59,259 20 Step 1 5 $2,324 80 $60,444 80 Step 2 $2,370 40 $61,630 40 Step 3 $2,464 80 $64,084 80 Step 4 $2,563 20 $66,643 20 Step 5 $2,665 60 $69,312 00 *Subject to adjustment upon settlement of Local 192 contract. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #65-96 RESOLVED, that having considered a communication from the Chairperson of the Cable Television Commission, dated January 10, 1996, approved by the Director of Community Resources, approved as to form by the City Attorney, and approved for submission by the Mayor, which transmits resolution 242-96 adopted by the Livonia Cable Television Commission on January 3, 1996, the Council does hereby concur in the recommendation of the Livonia Cable Television Commission and does hereby authorize the Director of Community Resources, together with the Finance Director, to do all things necessary to prepare a request for proposal and obtain bids for the purpose of 29281 conducting a needs assessment and performance review of the Time Warner Cable System in accordance with the provisions set forth in the Financial Ordinance, the same to be thereafter submitted to Council for its consideration, FURTHER, this action shall be considered commencement of the formal process of consideration of renewal of the Cable Television Franchise with Time Warner in accordance with the provisions set forth in the Cable Act of 1992, and provided FURTHER, that nothing herein shall be considered as prohibiting the City and Time Warner from also engaging in the informal renewal procedures set forth in the Cable Act of 1992 (specifically 47 USC Section 546(h)) At the direction of the Chair, communications from the Department of Community Resources, dated January 10, 1996 and January 30, 1996, re request for proposals, needs assessment and performance review of Time Warner Cable System to commence formal proceedings for cable television franchise renewal were received and placed on file for the information of the Council On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #66-96 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated January 12, 1996, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to take all steps necessary to evict Bobby's Country House, Inc and terminate the lease agreement between Bobby's County House, Inc. and the City of Livonia that was previously executed pursuant to Council Resolution 604-89 in connection with the Idyl Wyld Golf Course Clubhouse, FURTHER, the Council hereby authorizes the Director of Finance to do all things necessary to prepare a request for proposals and obtain proposals for a replacement tenant at the Idyl Wyld Golf Course Clubhouse, FURTHER, the Council hereby authorizes the Department of Law to take all steps necessary to enforce Section 2 8 of the lease agreement that requires the tenant to surrender its Class C Golf Course Liquor License to the Liquor Control Commission upon termination of the lease agreement; FURTHER, the Council does hereby refer the subject of the failure of Bobby's Country House, Inc. to adhere to the terms and conditions of the lease agreement between Bobby's Country House, Inc and the City of Livonia to the Committee of the Whole for its report and recommendation Alexandra Sakellaris (Bobby's wife) addressed the Council, stating she wished to defend their position They have been in business there for 12 years and have been in default before, but "we have worked together " She indicated 1995 was not a good 29282 year, but the problems are now over and the remodeling is complete She indicated that they would be turning in their balance of $11,240 within 10 days Beth Corbett (a nervous bride-to-be) also addressed the Council, stating that there are also other people who have given deposits for bookings at Bobby's Country House, and people should know as soon as possible whether they will be staying in business or not. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #67-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 4, 1996, approved for submission by the Mayor, regarding construction of new sidewalks in the City of Livonia pursuant to the Newburgh Road Sidewalk Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution 561-95 and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, April 10, 1996, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #68-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 9, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the modernization of the existing traffic signal at the intersection of Levan and Amrhein Roads, FURTHER, the Council, having been advised that the estimated cost of the proposed traffic signal modernization is $27,000 00, does hereby approve of such modernization with the Ford Motor Company Transmission and Chassis operation facility bearing all costs of such modernization, FURTHER, the Council does hereby agree to pay 100% of the future energy and maintenance costs of the aforesaid traffic control signal, and the Mayor and City Clerk are hereby authorized to 29283 execute an agreement for and on behalf of the City of Livonia for this purpose, and the City Clerk is requested to send a certified copy of this resolution to the Wayne County Department of Public Services, Division of Roads On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #69-96 RESOLVED, that having considered a communication from the City Engineer, dated January 4, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting an additional appropriation for costs to complete the North Huron Valley/Rouge Valley Local Improvements Grant-12 (Segment III), Six Mile Relief Sewer (Contract No 3) previously authorized pursuant to Council Resolution 170-91 and 581-91, the Council does hereby appropriate and authorize the expenditure of the additional sum of $134,701 78 from Account No 592-///-158-028 for the reasons referenced in the aforesaid communication On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #70-96 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 1995, which transmits its resolution 12-252-95, adopted on December 19, 1995, with regard to Petition 95-11-8-28, submitted by Media Play, Inc., requesting approval for all plans in connection with a proposal to renovate the exterior of the commercial building located at 30000 Plymouth Road in the Southeast 1/4 of Section 26, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-11-8-28, as revised, is hereby approved and granted, subject to the following conditions 1 That the Building Elevation Plan marked "Plan A" received by the City Council on January 22, 1996, by Media Play is hereby approved and shall be adhered to, 2 That the section of storefront described as "Future Sub-tenant" on the above approved plan shall, at this time, be painted in such a manner as to match the color scheme of Media Play's storefront and once a tenant is found, they too shall be required to incorporate the same colors within their architecture, 3 That this approval does not authorize consent of any signage shown on the plan, 29284 4 5 That all parking areas shall be resealed and restriped, That all miscellaneous debris left by the previous tenant shall be removed from the site On a motion by Feenstra, seconded by Duggan it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 27, 1995, which sets forth its resolution 10-221-95 adopted on November 14, 1995, with regard to Petition 95-8-1-19, submitted by Louis J Capra for a change of zoning of property located north of Bretton Road between Melvin and Oporto Avenues in the Southeast 1/4 of Section 2, from RUFA to R-1A, and the Council having conducted a public hearing with regard to this matter on January 22, 1996, pursuant to Council Resolution 860-95, the Council does hereby approve Petition 95-8-1-19 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Duggan, Feenstra, and Laura NAYS Brosnan, Vandersloot, McGee, and Taylor The President declared the resolution denied. On a motion by Taylor, seconded by Brosnan, it was #71-96 RESOLVED, that having considered a communication from the City Planning Commission, dated November 27, 1995, which sets forth its resolution 10-221-95 adopted on November 14, 1995, with regard to Petition 95-8-1-19, submitted by Louis J Capra for a change of zoning of property located north of Bretton Road between Melvin and Oporto Avenues in the Southeast 1/4 of Section 2, from RUFA to R-1, and the Council having conducted a public hearing with regard to this matter on January 22, 1996, pursuant to Council Resolution 860-95, the Council does hereby reject the recommendation of the Planning Commission and Petition 95-8-1-19 is hereby denied for the following reasons 1 That the proposed change of zoning is not compatible with the adjacent RUF-zoned properties in the area, 29285 2 That the proposed change of zoning will change the character of the area from a rural setting to a more urban setting, and 3 That the proposed change of zoning will provide for much smaller lot sizes than are prevalent to the north and west. A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, and Taylor NAYS Duggan and Laura The President declared the resolution adopted The following individuals from the audience spoke regarding the foregoing matter 1) Richard Clancy, 19859 Melvin - asked for a clarification on what just happened 2) Steve Tannehill - stated he didn't understand why the proceedings weren't open to the floor before the vote was taken on this matter He had some things he wanted to say, and in a blink of an eye, it's all over with On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #72-96 RESOLVED, that having considered a communication from the City Treasurer dated January 25, 1996, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Treasurer's letter dated January 25, 1996, is included herein by reference, which work was done pursuant to Council Resolution 166-95 and in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby pursuant to the provisions of Section 3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments, 29286 FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #73-96 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda. From the audience, Joe Charnawskas, 36927 Munger, apologized for any derogatory remarks he made toward Stuart Frankel He also questioned the request for an SDM license by Arbor Drugs and their proximity to a school He stated that we need to bring Livonia back to being a family-oriented town At the direction of the Chair, the report and recommendation of the Mayor, dated January 26, 1996, re establishing a five-step salary range for the Director of Community Resources was received and placed on file for the information of the Council On a motion by Taylor, seconded by McGee, and unanimously adopted, it was #74-96 RESOLVED, that having considered the report and recommendation of the Mayor, dated January 26, 1996, the Council does hereby set the salary of the Director of Community Resources, effective February 1, 1996, as follows Step 1 $47,340 80 Step 1-1/2 48,276 80 Step 2 49,171 20 Step 3 51,168 00 Step 4 53,227 20 Step 5 55,348 80 29287 the same benefits (i e , longevity, vacation credit, sick leave, dental, optical, medical benefits, etc.) as extended to other full-time classified Civil Service employees shall be afforded this position During the audience communication portion of the meeting, the following individuals spoke 1) Leo Delafafranier, 14681 Bredin Court - he entered the meeting late and missed the discussion on Item 16, which was the proposed amendment to Sections 020, 040, 050C of Title 2, Chapter 84 (Primary and Regular Elections) of the Livonia Code of Ordinances He feels the Council has no business messing with what the people voted for 2) Denise Mika-Biga, 35354 Lancashire - inquired about the time frame that the Law Department has to respond to a couple of issues that were referred to it. 3) Tim Bailey, 9826 Cranston - asked when the final vote would take place on the proposed amendment re Primary and Regular Elections, and asked the Council to consider his opinion This proposed amendment is not what the Livonia citizens voted for On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, this 1,313th Regular Meeting of the Council of the City of Livonia was adjourned at 9 55 p m , January 31, 1996 a , , f.an McCotter, City Clerk