Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1995-09-13 29029 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 13, 1995, 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 Jurcisin delivered the invocation, and Councilmember Feenstra asked for a moment of silence for a gravely ill, long-time Jaycee friend, Avedis Samarian Roll was called with the following result: Dale A. Jurcisin, Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Maureen Miller Brosnan, Laura M Toy, and Gerald Taylor Absent: None Elected and appointed officials present. Robert D Bennett; Mayor; John LNagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Joan McCotter, City Clerk, Michael T Slater, Finance Director; Ronald Reinke, Superintendent of Parks and Recreation, Robert J Beckley, Director of Public Works, and Edith Davis, Personnel Director On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #625-95 RESOLVED, that the minutes of the 1,303rd Regular Meeting of the Council of the City of Livonia, held August 30, 1995, are hereby approved as submitted On a motion by Toy, seconded by McGee, and unanimously* adopted, it was #626-95 RESOLVED, that the minutes of the 231st Special Meeting of the Council of the City of Livonia, held September 7, 1995, are hereby approved as submitted 29030 *Councilmember Kavanagh abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances No one from the audience wished to speak during the audience communication portion of the meeting Council President Taylor announced and congratulated Councilmember McGee on his 41st birthday (which is today) On a motion by Feenstra, seconded by Brosnan, it was #627-95 RESOLVED, that the Council does hereby refer the matter of the delay in counting votes and obtaining results from the Primary Election and the steps necessary to correct the deficiency (if any) to the Livonia Election Commission for its report and recommendation, FURTHER, the Council does hereby request that Business Records Corporation, 155 North Wacker Drive, Chicago, IL 60606, submit a report to the Council before the November General Election regarding this subject. A roll call vote was taken on the foregoing resolution with the following result: AYES Jurcisin, Feenstra, McGee, Brosnan, and Taylor NAYS Kavanagh and Toy The President declared the resolution adopted A communication from the Director of Finance, dated August 21, 1995, re forwarding various financial statements of the City of Livonia for the month ending July 31, 1995, was received and placed on file for the information of the Council At the direction of the Chair, Item #10 was removed from the Consent portion of the Agenda. On a motion by McGee, seconded by Brosnan, it was- #628-95 RESOLVED, that having considered an application from Denise Giovannini, President of the Birchwood Farms Association, 36297 W Seven Mile Road, dated September 6, 1995, requesting permission to close Parklane Street between Seven Mile Road and Dardanella on Saturday, September 16, 1995, from 9.00 a.m to 5 00 p m for the 29031 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. #629-95 RESOLVED, that having considered a letter from Mary Mengel, 18090 Fairway, Livonia, Michigan 48152, dated August 18, 1995, which, in behalf of the St. Genevieve Elementary School, requests permission to place 48" x 36" sandwich signs advertising a fund-raiser rummage sale to be conducted on Saturday, October 21, 1995, one sign to be installed at Jamison and Middlebelt on Saturday, October 14, 1995, and the remaining four signs to be installed on Thursday, October 19, 1995, at the following intersections Five Mile and Garden Lyndon and Harrison Inkster and Lyndon Middlebelt and Schoolcraft and all signs to be removed by 4 00 p m on Saturday, October 21, 1995, the Council does hereby approve of and concur in this request in the manner and form herein requested #630-95 RESOLVED, that having considered a communication from John J Nagy, Director, dated August 17, 1995, transmitting resolution 95- 25 adopted by the Plymouth Road Development Authority on August 17, 1995, wherein it is requested that the Council amend Article III, Section 5 of the PRDA Bylaws, the Council does hereby approve such request and Article III, Officers, Section 5 is hereby amended to read as follows Section 5 All checks shall be signed by the treasurer and countersigned by either the chairperson or the director, except as otherwise provided by the board #631-95 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 14, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits Parks and Recreation Commission resolution 2318-95, adopted on May 1, 1995, wherein it is recommended that changes in Facility Reservation Fees be made as described in the above referenced report and implemented on a one-year trial basis starting in the 1996 season, the Council does hereby concur in and approve of such action; FURTHER, the "City of Livonia Fees/Waivers" policy and accompanying four category grid previously adopted in Council Resolution 371-93 is hereby amended as necessary to reflect these changes in facility reservation fees #632-95 RESOLVED, that having considered a communication from the City Clerk, dated August 3, 1995, which indicates that the proprietor of 29032 Oakcrest Villas Subdivision, situated in the Southeast 1/4 of Section 11, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communication from the City Planning Commission, dated August 10, 1995, wherein said Commission approves the final plat for the said subdivision in its resolution 8-145-95, adopted on August 1, 1995, and the Council having considered a report from the City Engineer, dated July 25, 1995, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 591-94, adopted on August 17, 1994, said preliminary plat having been recommended for approval by the City Planning Commission on July 26, 1994, in its resolution 7-134-94, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Oakcrest Villas Subdivision, located in the Southeast 1/4 of Section 11, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #633-95 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated August 21, 1995, approved by the City Attorney and the Finance Director, and approved for submission by the Mayor, and to which is attached a User- Side Subsidy/Specialized Transportation Services Agreement to Provide Specialized Transportation Service for Non-Transferable Handicapped Persons in Northwest Wayne County, Farmington and Farmington Hills, between the City of Livonia and Northwest Transport Co , 31376 Industrial Road, Livonia, Michigan 48150, for the period October 1, 1995 through September 30, 1996, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement, as well as to execute an agreement with SMART for support of this Specialized Services (Lift-Equipped) Transportation Program, provided that the agreement is approved as to form by the Department of Law #634-95 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 29, 1994, and the report and recommendation of the Chief of Police, dated August 18, 1995, approved for submission by the Mayor, the Council does hereby approve of the request from Sunrise Inn Limited Partnership for a transfer of ownership of a 1992 B-Hotel licensed business with Entertainment Permit (located in escrow) at 36655 Plymouth Road, Livonia, Michigan 48150, Wayne County, from the Inn of Livonia, Inc. (Step 1), and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission 29033 #635-95 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 29, 1994, and the report and recommendation of the Chief of Police, dated August 18, 1995, approved for submission by the Mayor, the Council does hereby approve of the request from 30471, Inc. for transfer of ownership of a 1992 B-Hotel licensed business with Entertainment Permit (located in escrow) at 36655 Plymouth Road, Livonia, Michigan 48150, Wayne County, from Sunrise Inn Limited Partnership and for transfer of location to a business located at 30471 Plymouth Road, Livonia, Michigan 48150, Wayne County, and for transfer of status to a Class C license and the addition of a Sunday Sales Permit and Official Food Permit, and to drop the Entertainment Permit (Step 2), and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #636-95 RESOLVED, that having considered a communication from the Department of Law, dated August 14, 1995, approved by the Finance Department and the City Engineer, and approved for submission by the Mayor, the Council does hereby authorize the retention of the following appraisers to procure appraisals of Seven Mile Road properties as follows A. R.S. Thomas & Associates, Inc., 29145 Five Mile Road, Livonia, Michigan 48154, for before and after appraisals for the following properties for the sum of$12,850 00. 1 27716 Seven Mile Road, 004-01-0010-000 2 27720 Seven Mile Road, 004-01-0012-000 and 004-01-0013-000 3 29010 Seven Mile Road, 003-01-0415-001 4 27600 Seven Mile Road, 004-99-0068-000 5 28911 Seven Mile Road, 046-99-0021-000 B Dean Appraisal Company, 690 E Maple, Birmingham, Michigan 48009-6352, for value of part taken appraisals for the following properties for the sum of$3,050 00 1 27650 Seven Mile Road, 004-99-0067-000 2 27448 Seven Mile Road, 004-01-0538-002 3 28103 Seven Mile Road, 045-03-0192-000 4 28125 Seven Mile Road, 045-03-0186-000 5 28107 Seven Mile Road, 045-03-0190-000 C Charles W. Allen Real Estate, Inc., 15337 Farmington Road, Livonia, Michigan 48154, for value of part taken appraisals for the following properties for the sum of $2,000 00 1 30325 Seven Mile Road, 041-99-0063-000 2. 34650 Seven Mile Road, 015-99-0020-002 and 34680 Seven Mile Road, 015-99-0019-003 3 34700 Seven Mile Road, 015-99-0019-002 29034 4 34730 Seven Mile Road, 015-99-0018-001 5 34750 Seven Mile Road, 015-99-0016-000 and 015-99-0017-000 FURTHER, the amount of $18,000 00 shall be appropriated and expended from the $12 Million General Obligation Bond Issue (Fund 486) for this purpose #637-95 RESOLVED, that Arbor Building Co , 17150 Inkster Road, Redford, MI 48200, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Harrison Woods Subdivision to be located on the south side of Seven Mile Road between Lathers Avenue and Brentwood Avenue in the North 1/2 of Section 12, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated March 22, 1995, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on February 28, 1995, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated August 24, 1995, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended, 29035 (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts A. General Improvement Bond $213,000 00 of which at least $ 10,000 00 shall be in cash B Sidewalk Bond $ 15,000 00 of which at least $ 3,000 00 shall be in cash C Grading & Soil Erosion $ 2,000 00 (all cash) D Entrance Markers & $ 9,000 00 of which at least Landscaping $ 2,000 00 shall be in cash E Monuments & Lot Markers $ 525 00 (all cash) and require cash payments in the total amount of $15,690 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision 29036 #638-95 RESOLVED, that having considered a communication from the Assistant Planning Director, dated August 7, 1995, approved for submission by the Mayor, to which is attached a Holdharmiess Contract between the City of Livonia and the Community Commission on Drug Abuse for the 1995-96 program year, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #639-95 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated August 7, 1995, approved for submission by the Mayor, to which is attached a Holdharmiess Contract between the City of Livonia and First Step for the period August 1, 1995, through July 31, 1996, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #640-95 RESOLVED, that having considered a communication from the City Planning Commission, dated August 24, 1995, which transmits its resolution 8-170-95, adopted on August 15, 1995, with regard to a Sign Permit Application, submitted by Aldo Liberatore, requesting approval for signage for Maplewood Plaza located at 28911 Seven Mile Road in the Northwest 1/4 of Section 12, 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 American Sign Center, received by the Planning Commission on August 1, 1995, is hereby approved and shall be adhered to, 2 That this approval constitutes Master Sign Approval for the entire center, and the guidelines set in the approved sign package shall govern all present and future signage, 3 The petitioner is allowed ten illuminated tenant signs, however, one sign per tenant. Signs for spaces without tenants shall be the same construction with a blank white panel, 4 All window signage, vinyl and neon, are to be removed except signs indicating the business is open/closed, 5 The illuminated tenant signs must be timer-controlled to go off no later than 9 00 p m , and 29037 6 The landscaping around the entire property is to be improved and kept properly maintained. #641-95 RESOLVED, that having considered a communication from the City Planning Commission, dated August 23, 1995, which transmits its resolution 8-157-95, adopted on August 15, 1995, with regard to Petition 95-7-2-23, submitted by Lindhout Associates, Architects, requesting waiver use approval to expand an existing veterinary clinic located on the north side of Five Mile Road between Middlebelt Road and Cavour Avenue in the Southwest 1/4 of Section 13, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 95-7-2-23 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet P1 dated 8-9-95, as revised, prepared by Lindhout Associates, Architects, which is hereby approved, shall be adhered to, 2 That the landscaping shown on the approved Site Plan shall be installed prior to final inspection and shall thereafter be permanently maintained in a healthy condition, and 3 That the Building Elevation Plan marked Sheet P2 dated 8-9-95 prepared by Lindhout Associates, Architects, which is hereby approved, shall be adhered to #642-95 RESOLVED, that having considered a communication from the City Planning Commission, dated August 23, 1995, which transmits its resolution 8-166-95, adopted on August 15, 1995, with regard to Petition 95-8-8-17 submitted by Gallagher Group, requesting approval of all plans in connection with a proposal to construct an addition to the gas station located at 20595 Farmington Road in the Northeast 1/4 of Section 4, 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 95-8-8-17 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 received by the Planning Commission on July 26, 1995, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to, 2 That the Building Elevation Plan marked Sheet 2 received by the Planning Commission on July 26, 1995, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to, and 29038 3 That the building materials of the new addition will match the building materials of the existing service station so that upon completion the entire structure will look like it was constructed at one time #643-95 RESOLVED, that having considered a communication from the City Planning Commission, dated August 23, 1995, which transmits its resolution 8-168-95 adopted on August 15, 1995, with regard to Petition 95-8-8-19 submitted by House of Leon, requesting approval of all plans in connection with a proposal to renovate the facade and add new signage to the restaurant located at 29041 Seven Mile Road in the Northwest 114 of Section 12, 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 95-8-8-19 is hereby approved and granted, subject to the following conditions 1 That the Site & Landscape Plan marked Sheet S-1, dated 6/21/95, prepared by Richard A. Zischke & Associates is hereby approved and shall be adhered to, 2 That the Building Elevation Plan marked Sheet A-3, dated 6/21/95, prepared by Richard A. Zischke & Associates is hereby approved and shall be adhered to, 3 That the signage shown on the approved Building Elevation Plan is hereby approved and shall be adhered to, 4 That the dumpster enclosure gates will be repaired, 5 That the asphalt parking lot will be repaired and weeds in the parking lot eliminated, and 6 That the grease container be enclosed or included with the dumpster #644-95 RESOLVED, that having considered a communication from the City Planning Commission, dated August 23, 1995, which transmits its resolution 8-167-95 adopted on August 15, 1995, with regard to Petition 95-8-8-18 submitted by Quality Maintenance & Repair, requesting approval of all plans in connection with a proposal to construct an addition to the building located at 17001 Newburgh Road in the Northeast 1/4 of Section 18, 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 95-8-8-18 is hereby approved and granted, subject to the following conditions 29039 1 That the Site Plan marked Sheet C-1, dated 6/22/95 prepared by Bowman Architects & Engineers, is hereby approved and shall be adhered to, 2 That the Building Elevation Plan marked Sheet C-2, dated 6/22/95 prepared by Bowman Architects & Engineers, is hereby approved and shall be adhered to, 3 That the building materials of the new addition will match the building materials of the existing building so that upon completion, the entire structure will look like it was constructed at one time, and 4 That the brick used in the construction of the trash dumpster enclosure shall match the existing building #645-95 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, November 15, 1995, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 95-5-1-10, submitted by Louis Bitoff, Jr for a change of zoning of property located on the north side of Seven Mile Road between Bethany Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to OS, the City Planning Commission in its resolution 8-155-95 having recommended to the City Council that Petition 95-5-1-10 be denied, and (2) Petition 95-7-1-13, submitted by the City Planning Commission 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 and OS to R-6, the City Planning Commission in its resolution 8-156-95 having recommended to the City Council that Petition 95-7-1-13 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 amendments to the Zoning Ordinance, and/or (b) locations of the proposed changes of zoning isw as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City 29040 Clerk is requested to do all other things necessary or incidental to the full performance of this resolution #646-95 RESOLVED, that having considered a communication from Arsen Sanjian, dated August 22, 1995, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on August 15, 1995, by the City Planning Commission in its resolution 8-158-95 with regard to Petition 95-7-2-24 submitted by Super Hi-Tech Auto Service Center requesting waiver use approval for outdoor storage and rental of U-Haul trucks on property located on the south side of Plymouth Road between Yale Avenue and Levan Road in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby designate Wednesday, November 1, 1995, at 8.00 p m. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. #647-95 RESOLVED, that having considered a communication from the City Engineer, dated August 17, 1995, approved for submission by the Mayor, and submitted pursuant to Council Resolution 409-95, and the City Engineer having ascertained the assessed valuation of all property affected by the improvement of the public alleys between Five Mile Road and Elsie Avenue and Middlebelt Road and Cavour Avenue in the Northwest 1/4 of Section 24, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of August 17, 1995, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, November 1, 1995, at 8 00 p m. as the date and time for a public hearing on the necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 29041 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code #648-95 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, November 1, 1995, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 95-7-6-4, submitted by the City Planning Commission, to determine whether to amend Sections 10 02 and 10 03 of the Zoning Ordinance so as to provide for additional permitted uses and waiver uses in the C-1 zoning district, the City Planning Commission in its resolution 8-161-95 having recommended to the City Council that Petition 95-7-6-4 be approved, and (2) Petition 95-7-6-5, submitted by the City Planning Commission, to determine whether to amend Section 4 02(g) of the Zoning Ordinance so as to provide for certain home occupations as permitted accessory uses in R-1 through R-5 zoning districts, the City Planning Commission in its resolution 8-162-95 having recommended to the City Council that Petition 95-7-6-5 be approved, and (3) Petition 95-7-6-6, submitted by the City Planning Commission, to determine whether to amend Section 18 37 of the Zoning Ordinance so as to require double striping of parking lots, the City Planning Commission in its resolution 8-163-95 having recommended to the City Council that Petition 95-7-6-6 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 amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public bearing, 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 29042 #649-95 RESOLVED, that having considered a communication from the Director of Finance, dated August 29, 1995, and approved for submission by the Mayor, the Council does hereby determine to conduct a public hearing on Monday, October 9, 1995, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the proposed Annual Budget for the City of Livonia for the fiscal year ending November 30, 1996, and the City Clerk shall give adequate public notice of said public hearing in accordance with provisions of law and City Charter #650-95 RESOLVED, that having considered a communication from the Director of Finance, dated August 29, 1995, and approved for submission by the Mayor, the Council does hereby refer the subject of the presentation of the Annual Budget to the Finance, Insurance and Budget Committee for its report and recommendation A roll call vote was taken on the foregoing resolutions with the following result: AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, Toy, and Taylor NAYS None On a motion by McGee, seconded by Jurcisin, and unanimously adopted, it was #651-95 WHEREAS, the Council previously in Council Resolution 373-95 approved the Consolidated Plan, including the Fiscal Year 1995 Community Development Block Grant Program, in order to obtain its Fiscal Year 1995 entitlement funds under the Community Development Act of 1987, and WHEREAS, having considered a communication from the Assistant Planning Director, dated August 1, 1995, approved for submission by the Mayor, wherein it is stated that federal regulations provide that funding for public services may not exceed 15% of the yearly allocation from HUD, plus 15% of any program income received in the previous program year, and that the budget previously approved provides a level of funding for public services of $104,000 00 which exceeds what is permitted by $5,000 00, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livonia that the Consolidated Plan, including the Fiscal Year 1995 Community Development Block Grant Program, is hereby approved as modified so as to reduce the total funding for public services by $5,000 00; and the Consolidated Plan, as modified, shall be submitted to the Department of Housing and Urban Development. 29043 At the direction of the Chair, proposals prepared and submitted by Orchard, Hiltz & McCliment, Inc., dated February 13, 1995, and Spalding, DeDecker & Associates, Inc., dated February 14, 1995, re the implementation of a Geographic Information System were received and placed on file for the information of the Council On a motion Kavanagh, seconded by Brosnan, and unanimously adopted, it was #652-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 15, 1995, and August 29, 1995, submitted pursuant to Council Resolution 886-94, and the report and recommendation of the Director of Public Works, dated September 11, 1995, which bears the signature of the City Engineer, Director of Finance and the Mayor, the Council does hereby authorize and accept the proposal of Orchard, Hiltz & McCliment, Inc., 34935 Schoolcraft Road, Livonia, Michigan 48150, to serve as a consultant to complete all work necessary for the implementation of a Geographic Information System as described in its proposal dated February 13, 1995, FURTHER, THE COUNCIL DOES HEREBY DETERMINE AS FOLLOWS 1 To authorize the City Attorney, Finance Director and Director of Public Works to negotiate and prepare a contract with the consultant for submission to Council wherein such consultant shall serve as a "general contractor" responsible for the successful completion of the GIS implementation, and 2 To authorize retaining Plante & Moran, 27400 Northwestern Highway, P 0 Box 307, Southfield, Michigan 48037-0307, to provide assistance in the preparation and administration of the GIS contract at the rate of $125 00/hour, not to exceed the sum of $4,500 00, and FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinance, as amended On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #653-95 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated September 6, 1995, in connection with a communication from the 29044 Personnel Director, dated August 30, 1995, approved by the Finance Director and approved for submission by the Mayor, and to which is attached a copy of the proposed contract between the City of Livonia and Livonia Fire Fighters Union Local 1164 for the period December 1, 1993 through November 30, 1996, and which Agreement incorporates negotiated provisions, and having also considered a resolution adopted by the Civil Service Commission on August 30, 1995, wherein the Commission recommends that the Council concur in a proposed three- year contract to be entered into by and between the City of Livonia and the Livonia Fire Fighters Union Local 1164, affiliated with the International Association of Fire Fighters, AFL-CIO, for the period December 1, 1993 through November 30, 1996, and that the necessary amendments to the Retirement Plan Ordinance and Compensation Plan and changes in certain benefits as required to effectuate this agreement be approved, the Council does hereby determine to approve of and concur in the aforesaid action, and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution McGee gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 36 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 95-5-1-9) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting. Feenstra gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 95-7-3-2) 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 29045 Kavanagh gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTIONS 010B, 010C, 011A, 020B, 020D, 055A, 0556, 065A, 065B, 066A AND 070C OF AND ADDING SUBSECTION 010S TO CHAPTER 36 (OPERATING VEHICLE WHILE UNDER INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE) OF TITLE 10 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 McGee 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 95-3-1-5) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Jurcisin, Kavanagh, Brosnan, and Taylor NAYS Feenstra, McGee, and Toy The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was. #654-95 RESOLVED, that the Council does hereby refer the matter of multi-family occupancy of homes in the R-1 single-family district in the area near the east side of Haller Avenue, north of Plymouth Road, to the Inspection Department for its report and recommendation. 29046 Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 42 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (Petition 95-3-6-3) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, Toy, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #655-95 RESOLVED, that having considered the report and recommendation of the City Engineer and Superintendent of Parks and Recreation, dated August 8, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of General Construction, Inc , P 0 Box 46579, Mt. Clemens, Michigan 48046-6579, for completing all work required in connection with the Ford Field Ball Diamond Lighting Improvements (Contract 95-T) for the estimated total cost of $215,820 00 based upon the Engineering Department's estimate of units involved (Item #8 lightning protection in the amount of $17,712 00 has been deleted pursuant to the Parks and Recreation Superintendent's request), based upon the Engineering Department's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $150,000 00 from accounts currently budgeted in the Capital Projects Fund, Account No 401-000-976-023 and the additional appropriation of a sum not to exceed $65,820 00 from the Unexpended Fund Balance of the Capital Projects Fund to be transferred to the above referenced account for this purpose, and the City Engineer 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 29047 On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #656-95 RESOLVED, that having considered a communication from the City Planning Commission dated August 23, 1995, which transmits its resolution 8-169-95, adopted on August 15, 1995, with regard to a Sign Permit Application, submitted by Art Store & More, Inc., requesting approval to erect one wall sign on property located at 15373 Farmington Road in the Southeast 1/4 of Section 16, 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 Signature Awning, received by the Planning Commission on July 21 , 1995, is hereby approved and shall be adhered to, 2 That the awning and the signage on the awning shall not be back lit; and 3 That the petitioner shall submit a copy of the maintenance agreement entered into between the petitioner and Signature Awning with respect to the awning and accompanying signage On a motion by Jurcisin, seconded by Brosnan, and unanimously adopted, it was #657-95 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Crucam, Inc., dated July 18, 1995, covering new industrial facilities to be located within City of Livonia Industrial Development District No 55, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Crucam, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Wednesday, September 6, 1995, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 29048 1 That the City Council, on the basis of the information received from the applicant, Crucam, Inc., finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Crucam, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 55, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates On a motion by Jurcisin, seconded by Brosnan, and unanimously adopted, it was #658-95 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from NYX Incorporated, dated July 24, 1995, covering new industrial facilities to be located within City of Livonia Industrial Development District No 22, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded NYX, Incorporated, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Wednesday, September 6, 1995, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 29049 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, NYX, Incorporated, finds and determines. (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from NYX, Incorporated, covering new industrial facilities to be located within the City of Livonia Industrial Development District No 22, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates On a motion by Jurcisin, seconded by Brosnan, and unanimously adopted, it was #659-95 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 16, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the cash donation of $43 50 from the Plymouth Community United Way, the same to be credited to and deposited to Account No 702-000-285-215 for activities in the Livonia Youth Assistance Program. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was 29050 #660-95 RESOLVED, that having considered a letter from the Executive Director of the National League of Cities, dated August 18, 1995, wherein it is requested that the City of Livonia designate the voting delegate that will be attending the Annual Congress of Cities to be conducted on November 29 - December 2, 1995, the Council does hereby designate Gerald Taylor as the Official Representative and Voting Delegate of the City of Livonia and Dale A. Jurcisin as the Alternate Voting Delegate, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution The following two (2) individuals from the audience spoke regarding the next Agenda item 1) Diamond Kapsalis - spoke on behalf of her parents, owners of George's Livonia Gardens at 31405 W Seven Mile, stating they are against any proposed change of zoning in the area indicated, that they were not notified of any proposed changes, and that the ordinance supports the present zoning that is in place, and 2) Steve Stavros - also spoke on behalf of the owners of George's Livonia Gardens, stating his opposition to the proposed change of zoning of the property located on the southwest corner of Seven Mile and Merriman On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #661-95 RESOLVED, that the Council does hereby determine on its own motion in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, as amended, to refer to and request that the City Planning Commission conduct a public hearing on the question of whether property located on the southwest corner of Seven Mile Road and Merriman Road known as George's Livonia Gardens and the parcel on Seven Mile Road just west of Bicentennial Park known as Glenda's Market should be rezoned to a more appropriate commercial zoning classification and thereafter submit a report and recommendation to the Council On a motion by Brosnan, seconded by Jurcisin, and unanimously adopted, it was #662-95 WHEREAS, Senate Bill No 201 has been introduced by Senator George A. McManus which would amend the Michigan Liquor Control Act to provide that the Liquor Control Commission shall not prohibit an applicant for or the holder of a SDD or SDM license from 29051 owning or operating motor vehicle fuel pumps on or adjacent to the licensed premises under certain conditions, and WHEREAS, Senate Bill No 201 would allow businesses located in neighborhood shopping centers or in a retail building of not less than 900 square feet and which maintain a minimum inventory of certain designated amounts and which also sell gasoline to the public to sell packaged beer, wine or liquor to the public; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Livonia does hereby take this means to indicate its opposition to Senate Bill 201 since it appears to contravene recent efforts to strengthen drunk driving laws and would constitute state preemption of land use and waiver use controls granted to cities such as Livonia pursuant to the Home Rule Cities Act, and the City Clerk is hereby requested to forward a certified copy of this resolution to State Senator R. Robert Geake, State Representative Lyn R. Bankes, and State Representative Gerald Law On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was #663-95 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. Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 10 OF ARTICLE II AND SECTIONS 12 01 AND 12 03 OF ARTICLE XII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 95-2-6-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated therein Jurcisin invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result. AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, Toy, and Taylor NAYS None 29052 The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Jurcisin, seconded by Brosnan, and unanimously adopted, it was #664-95 RESOLVED, that the subject of the possible amendment of Sections 2 10 and 12 03 of Zoning Ordinance 543 to add the definition of Child Caring Institutions thereto shall remain in the Legislative Committee During the audience communication portion at the end of the meeting, Jerry Ranck, 36450 Rayburn, a Livonia Fire Fighter, thanked the Council for approving their contract and asked questions re the pension of the Council Additionally, Councilmember Brosnan indicated the need for our Legislative Consultant, Mr Garcia, to inform the Council of new proposed legislation re simulcasting of races and the reduction of the pari-mutual tax. On a motion by McGee, seconded by Toy, and unanimously adopted, this 1,304th Regular Meeting of the Council of the City of Livonia was adjourned at 9.40 p m , September 13, 1995 , Joan c otter, ity eek