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HomeMy WebLinkAboutCOUNCIL MINUTES 1995-06-05 28834 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-EIGHTH LREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 5, 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 02 p m Councilmember Jurcisin delivered the invocation 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 Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; John Fegan, Director of Inspection; Jeanne Treff, Cable Television Director; Robert Alanskas, Planning Commission; and Lee Morrow, Planning Commission On a motion by Kavanagh, seconded by McGee, and unanimously adopted, it was #354-95 RESOLVED, that the minutes of the 1,297th Regular Meeting of the Council of the City of Livonia, held May 17, 1995, are hereby approved as amended* *The amendment to the aforementioned minutes occurs on page 28818 re the second reading for Petition 93-11-1-17, which roll call vote shall be reflected to read as follows A roll call vote was taken on the foregoing Ordinance with the following result AYES Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Toy and Brosnan Toy petitioned the Chair to change her vote on the foregoing Ordinance with the following result 28835 AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Brosnan The President declared the foregoing Ordinance duly adopted, and would become effective on publication During the audience communication portion of the meeting, the following individuals spoke to the subject matter of the water main breaks and the hydroseeding/weed problems along Inkster Road between West Chicago and Joy Road Jim Nelson, 9217 Inkster, who was also speaking on behalf of Rick Diamond and Angela Agazzi; Mr Mieszczur, 9129 Inkster; and Henry Binder, 9207 Inkster Road On a motion by Kavanagh, seconded by Brosnan, and unanimously adopted, it was #355-95 RESOLVED, that the Council does hereby refer the matter of the failure of the contractor to properly replace lawns in connection with the work performed along Inkster Road between West Chicago and Joy Road to the Engineering Department for a report and recommendation On a motion by Kavanagh, seconded by Brosnan, and unanimously adopted, it was #356-95 RESOLVED, that the Council does hereby refer the matter of the failure of the contractor to restore lawns in connection with work performed along Inkster Road between West Chicago and Joy Road, and the subject of frequent water main breaks in this area, to the Department of Public Works for its report and recommendation A communication from the Department of Law, dated May 9, 1995, re Bianconi v City of Livonia, Zoning Board of Appeals of the City of Livonia and David Woodcox, Wayne County Circuit Court Civil Action No 92-231883-AW, State of Michigan Court of Appeals No 168186, was received and placed on file for the information of the Council A communication from the Department of Finance, dated May 18, 1995, re forwarding various financial statements of the City of Livonia 28836 for the month ending April 30, 1995, was received and placed on file for the information of the Council At the direction of the Chair, Item #4 was removed from the Consent portion of the Agenda On a motion by Kavanagh, seconded by Toy, it was #357-95 RESOLVED, that having considered an application from Jeanette M Lang, 16723 Ryan, dated May 9, 1995, requesting permission to close Ryan Road, south of Six Mile Road and east of Merriman Road, on Saturday, September 9, 1995, from 12 00 p m to 7 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #358-95 RESOLVED, that having considered a communication from the City Assessor, dated April 26, 1995, approved for submission by the Mayor, with regard to a request from Mr Kenneth Mundy, 10478 Wayne Road, Livonia, Michigan, representing Mr Leonard Ball, 29802 Greenland, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-053-01-0069-000 into two parcels, the legal descriptions of which shall read as follows Parcel A. Livrance Estates Subdivision, T 1S , R 9E , L67 P10, Wayne County Records, the west 70 0 ft of Lot 69 Parcel B. Livrance Estates Subdivision, T 1S , R 9E , L67 P10, Wayne County Records, Lot 69 exc the west 70 0 ft as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals #359-95 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 12, 1995, regarding a resolution previously adopted by the Council approving Teh-Yuan Yu for a new full-year Class C license to be located at Laurel Park Place Shopping Center, Newburgh Road, Livonia, Michigan 48150, Wayne County, the Council does hereby amend Council Resolution 218-95 to read as follows 28837 RESOLVED, that having considered a letter dated March 21, 1995, from Jack R Penwarden, Attorney at Law, representing 168, Inc. , requesting approval of an application for a new full-year, on-premise Michigan Liquor Control Commission Class C liquor license for a restaurant to be located at 37546 W. Six Mile Road in Laurel Park Place Shopping Center, Livonia, Michigan 48152, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City approves the said request "Above All Others" ; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #360-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Superintendent of Public Service, and the Superintendent of Parks and Recreation, dated May 9, 1995, 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 Sprinkler Services Company, 30017 W Eight Mile Road, P 0 Box 530693, Livonia, Michigan 48153, for completing all work in connection with the installation of the Whispering Willows Golf Course irrigation system, including pump station, for the sum of $113, 000 00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize the expenditure of the sum of $113, 000 00 from funds already budgeted for this purpose in Account No 101-680-974-000; FURTHER, the Council does hereby authorize the Finance Department to arrange an installment purchase loan for the financing of this project over a five-year period; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required, in accordance with Section 3 04 130 of the Livonia Code of Ordinances; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all things necessary or incidental to the full performance of this resolution #361-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Superintendent of Public Service, and the Superintendent of Parks and Recreation, dated May 9, 1995, 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 Valley Turf, Inc , 3721 28th Street S W , Grandville, MI 49418, to supply materials and equipment only for the Whispering Willows Golf Course irrigation system, for the sum of $156, 072 00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize the expenditure of the sum of $156, 072 00 from funds already budgeted for this purpose in Account No 101-680-974-000; FURTHER, the Council does hereby authorize the Finance Department to arrange an installment purchase loan for the financing of this project over a five-year period; and the Director of Public Works is hereby authorized to approve minor contract changes as required, 28838 in accordance with Section 3 04 130 of the Livonia Code of Ordinances; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all things necessary or incidental to the full performance of this resolution #362-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated May 9, 1995, 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 Enviro Vac Services, Inc , 1755 Austin Avenue, Troy, Michigan 48083, for completing all work in connection with the installation of a new gasoline/diesel underground storage tank system at Whispering Willows Golf Course for the sum of $66, 000 00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $66, 000 00 from the Capital Project Fund, Account No 401-000-818-036 for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all things necessary or incidental to the full performance of this resolution #363-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 10, 1995, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc , 487 W Division Street, Sparta, Michigan 49345, for supplying the Public Service Division (Equipment Maintenance and Idyl Wyld Golf Course Sections) with two (2) multi-reel fairway mowers for a net price of $28, 328 00, based on a total price of $41, 828 00 less trade-ins of $13, 500 00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize the expenditure of the sum of $28, 328 00 from funds already budgeted in Account Nos 101-446-987-000 and 101-683-985-000 for this purpose #364-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 11, 1995, 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 Burke Equipment Co , 36000 Mound Road, P 0 Box 8010, Sterling Heights, Michigan 48311, for supplying the Public Service Division (Forestry Section) with one (1) trailer-mounted vacuum leaf collector for the total price of $15,710 00 (including $210 00 to upgrade impeller blades) , the same having been in fact the lowest and only bid received and meets specifications; FURTHER, the Council does hereby authorize the expenditure of the sum of $15, 710 00 from funds already budgeted in Account No 205-527-987-000 for this purpose 28839 #365-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 11, 1995, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Motor City Ford Truck, Inc , 39300 Schoolcraft Road, Livonia, Michigan 48150, to supply the Public Service Division (Equipment Maintenance Section) with one (1) truck-mounted aerial device for a total price of $78, 353 00; FURTHER, the Council does hereby determine the aforesaid bid to be a better bid than the bids submitted by TECO, Inc and Cannon Engineering & Equipment Company for the reasons indicated in the aforesaid communication, and the action taken herein being made in accordance with Section 3 04 140E of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the expenditure of the sum of $78,353 00 from funds already budgeted in Account No 101-446-985-000 for this purpose #366-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 15, 1995, 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 Wolverine Truck Sales, 3550 Wyoming, Dearborn, Michigan 48120, to supply the Public Service Division (Equipment Maintenance Section) with two (2) 1995 cabs and chassis complete with installed 5-7 yard dump bodies and hoists, tailgate salt spreaders, underbody scraper blades, truck hydraulic systems, and front snowplow hitches with snowplows for a net price of $133,826 48, based on a total price of $135,426 48 less trade-ins of $1, 600 00, the same having been in fact the lowest bid received which meets all specifications; and the bid of Bill Wink Chevrolet-GMC is hereby rejected for the reasons indicated in the attachment; FURTHER, the Council does hereby authorize the expenditure of the sum of $133, 826 48 from funds already budgeted in Account No 101-446-985-000 for this purpose #367-95 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated May 16, 1995, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is indicated that the Water and Sewer Board in its resolution WS 3093 4/95, adopted April 24, 1995, has requested that the City appropriate funds to participate with the Township of Redford in the replacement of the water main on Inkster Road between Seven Mile and Grand River, with the City of Livonia participation estimated at $29,666 92, the Council does hereby determine as follows 1) That the City of Livonia agrees to participate in the project cost; and 2) That the sum of $29,666 92 is hereby appropriated and authorized to be expended from the $5 Million Revenue Bond for this purpose 28840 #368-95 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 4, 1995, approved for submission by the Mayor, to which is attached a proposed Administrative Services Contract Renewal Agreement with Blue Cross and Blue Shield of Michigan for a one-year renewal term for the period June 1, 1995 through May 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 agreement 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; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended #369-95 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 11, 1995, approved for submission by the Mayor, to which is attached a proposed Request for Proposal (RFP) for ambulance billing services to be provided after August 1, 1995, the Council does hereby approve the Request for Proposal as submitted and does hereby authorize the Director of Finance to obtain bids for such ambulance billing services in accordance with the provisions set forth in the Financial Ordinance, the same to be thereafter submitted to Council for its consideration #370-95 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1995, which transmits its resolution 5-79-95, adopted on May 9, 1995, with regard to the proposed preliminary plat of Orangelawn Woods Subdivision No 2, to be located south of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on May 9, 1995, the Council does hereby approve of the said preliminary plat subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein and the financial assurances guaranteeing the satisfactory installation of such improvements #371-95 RESOLVED, that having considered a communication from the City Planning Commission, dated May 15, 1995, which transmits its resolution 5-86-95, adopted on May 9, 1995, with regard to Petition 95-4-8-9 submitted by Tom Bjorklund on behalf of Time Warner Cable, requesting approval of all plans in connection with a proposal to expand the existing building and parking lot located at 14701 Farmington Road in the Northeast 1/4 of Section 21, pursuant to the provisions set forth in Section 18 47, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-4-8-9 is hereby approved and granted, subject to the following conditions 1) That the Site Plan, defined as Drawing No SP-1 dated 4/25/95 by Redstone Architects, is hereby approved and shall be adhered to; 28841 2) That the Landscape Plan, dated 4/24/95 by Michael J Dul & Associates, Inc , is hereby approved and shall be adhered to; 3) Underground sprinklers are to be provided for all landscaped and sodded lawn areas, and all planting materials shall thereafter be permanently maintained in a healthy condition; 4) That the Elevation Plan, defined as Drawing No A-4 dated 4/25/95 by Redstone Architects, is hereby approved and shall be adhered to; 5) That all roof-top mechanical units which can be seen by the public shall be screened or painted a color to match the building; 6) That the landscaped greenbelt along the north property line, as shown on the approved Landscape Plan, shall be substituted for the protective wall required by Section 18 45 of Zoning Ordinance No 543; and 7) That the parking spaces shall be double striped #372-95 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, July 19, 1995 at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 95-3-1-5, submitted by Brashear, Tangora & Spence on behalf of Ronald Borkowski, for a change of zoning of property located on the east side of Haller Avenue, north of Plymouth Road, in the Southwest 1/4 of Section 25 from C-2 and R-1 to R-6, the City Planning Commission in its resolution 5-74-95 having recommended to the City Council that Petition 95-3-1-5 be denied; (2) Petition 95-4-1-6, submitted by William C Primo, for a change of zoning of property located on the west side of Middlebelt Road, north of Puritan Avenue, in the Northwest 1/4 of Section 14 from OS to C-1, the City Planning Commission in its resolution 5-75-95 having recommended to the City Council that Petition 95-4-1-6 be denied; and (3) Petition 95-3-6-3, submitted by the City Planning Commission on its own motion to determine whether to amend Section 18 42 of the Zoning Ordinance which would exempt the new smaller satellite dishes from site plan approval, the City Planning Commission in its resolution 5-82-95 having recommended to the City Council that Petition 95-3-6-3 be approved; 28842 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution 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 Feenstra, seconded by Jurcisin, it was #373-95 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1987, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs; and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, to obtain its Fiscal Year 1995 entitlement funds under the Community Development Act of 1987, the City of Livonia must submit a Consolidated Plan, including an Action Plan, satisfactory assurances that the Plan will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations; and satisfactory assurances that, prior to submission of the Consolidated Plan, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities; the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held at least two public hearings to obtain the views of citizens on housing and homeless needs, long-term strategies and a short-term Action Plan to meet those needs and 28843 (C) provided citizens an adequate opportunity (at least thirty (30) days) to examine the content of and to submit comments on the Consolidated Plan NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, that the Consolidated Plan, including the Fiscal Year 1995 Community Development Block Grant Program, is hereby approved as modified so as to allocate an additional $6, 000 00 to the Community Commission on Drug Abuse, and the Consolidated Plan, as modified, shall be submitted to the Department of Housing and Urban Development A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and Taylor NAYS Toy The President declared the resolution adopted On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #374-95 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 10, 1995, submitted pursuant to Council Resolution 143-95, with respect to the subject of towing charges, the Council does hereby authorize the Finance Director to do all things necessary to prepare specifications and obtain bids for this service in accordance with the provisions set forth in the Financial Ordinance, the same to be thereafter submitted to Council for its consideration On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #375-95 RESOLVED, that the Council does hereby determine that an additional section shall be added to such proposed amendment to the Livonia Code of Ordinances (Impounding Vehicle - Redemption Conditions and Costs) to provide that the Police Department shall not utilize any towing company that proposes to charge more for towing and related services than is permitted by this proposed amendment Feenstra gave first reading to the following Ordinance, as revised AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER 21 (IMPOUNDED VEHICLE - REDEMPTION CONDITIONS AND COSTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED (REVISED CORRECTED PG-SEE CR#376-95 28844 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 On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #376-95 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 10, 1995, submitted pursuant to Council Resolution 160-95 and a communication from the Chairman of the Zoning Board of Appeals, dated March 15, 1995, requesting that the Council review Section 2 10 (4) , Section 18 50A(16) and Section 2 06 of the Zoning Ordinance to determine if there is a need for revision/updating of same, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether a possible amendment to Section 2 10 (4) of the Zoning Ordinance shall be made to increase the square footage of attached garages to 900 square feet without accessory building, with a limit of vehicle openings to three, with the provisions regarding detached garages and lot coverage percent (including front yards, side yards and rear yards) to remain as is On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #377-95 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 10, 1995, submitted pursuant to Council Resolution 160-95 and a communication from the Chairman of the Zoning Board of Appeals, dated March 15, 1995, requesting that the Council review Section 2 10 (4) , Section 18 50A(16) and Section 2 06 of the Zoning Ordinance to determine if there is a need for revision/updating of same, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether a possible amendment to Section 18 50A(16) of the Zoning Ordinance shall be made to allow two signs for a corner business fronting two thoroughfares, provided that the combined square footage for the two signs shall not exceed the allowable square footage for a business fronting one major thoroughfare On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was 28845 #378-95 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 10, 1995, submitted pursuant to Council Resolution 160-95 and a communication from the Chairman of the Zoning Board of Appeals, dated March 15, 1995, requesting that the Council review Section 2 10 (4) , Section 18 50A(16) and Section 2 06 of the Zoning Ordinance to determine if there is a need for revision/updating of same, the Council does hereby determine to take no further action with respect to the possible amendment of Section 2 06 (Fronting/Fencing) since the matter is already pending before the Planning Commission On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #379-95 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 10, 1995, submitted pursuant to Council Resolution 160-95, the Council does hereby refer to the Law Department for its report and recommendation the matter of the legality of the possible establishment of a "Fence Board of Appeals" which would hear only cases regarding fencing issues and which would consist of three individuals one representative from the Code Enforcement Division, one representative from the citizenry at large appointed by the City Council and one representative from the City Council appointed by the City Council Kavanagh gave first reading to the following Ordinance, as revised AN ORDINANCE ADDING CHAPTER 91 (CARELESS, RECKLESS OR NEGLIGENT USE OF BOW AND ARROW, CROSSBOW OR BLOWGUN) TO TITLE 9 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 Jurcisin gave first reading to the following Ordinance AN ORDINANCE ADDING CHAPTER 05 (FERRETS) TO TITLE 6 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 28846 Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 13 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 94-10-1-22) 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 Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 12 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 94-12-1-25) 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 Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING ARTICLES II AND XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 94-12-6-7) 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 gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 95-1-1-1) 28847 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 94-11-1-24) 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 Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 13 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 94-12-1-26) A roll call vote was taken on the foregoing Ordinance with the following result AYES Jurcisin, McGee, Kavanagh, Brosnan, Toy, and Taylor NAYS Feenstra The President declared the foregoing Ordinance duly adopted, and would become effective on publication 28848 Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 28 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 94-12-1-27) 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 Jurcisin took from the table, for second reading and adoption, the following Ordinance (Version B) AN ORDINANCE ADDING SECTION 075 TO TITLE 10, CHAPTER 36 (OPERATING VEHICLE WHILE UNDER INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Toy, seconded by Jurcisin, it was RESOLVED, that having considered a communication from the City Assessor, dated May 8, 1995, approved for submission by the Mayor, with regard to a request from Mr & Mrs Jerry Rakowski, 20164 Osmus, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-009- 28849 99-0028-000 into two parcels, the legal descriptions of which shall read as follows PARCEL 1. Land in the City of Livonia, County of Wayne, State of Michigan, described as The East 120 feet of the North half of the North half of the N W quarter of the S E quarter of the N E quarter of Section 3, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except the Westerly 30 feet and Northerly 25 feet thereof and also except the East 310 40 feet thereof Subject to all restrictions and easements of record, if any PARCEL 2 . Land in the City of Livonia, County of Wayne, State of Michigan, described as The West 200 feet of the North half of the North half of the N W quarter of the S E quarter of the N E quarter of Section 3, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except the Westerly 30 feet and Northerly 25 feet thereof and also except the East 310 40 feet thereof Subject to all restrictions and easements of record, if any as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals On a motion by Feenstra, it was RESOLVED, that the Council does hereby determine to substitute a resolution that would divide the foregoing property so that the east lot would be one-half acre in size and the west lot would be one-half acre plus 02 in size The motion to substitute failed for lack of support A roll call vote was then taken on the originally proposed resolution, as follows #380-95 RESOLVED, that having considered a communication from the City Assessor, dated May 8, 1995, approved for submission by the Mayor, with regard to a request from Mr & Mrs Jerry Rakowski, 20164 Osmus, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-009- 28850 99-0028-000 into two parcels, the legal descriptions of which Log shall read as follows PARCEL 1. Land in the City of Livonia, County of Wayne, State of Michigan, described as The East 120 feet of the North half of the North half of the N W quarter of the S E quarter of the N E quarter of Section 3, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except the Westerly 30 feet and Northerly 25 feet thereof and also except the East 310 40 feet thereof Subject to all restrictions and easements of record, if any PARCEL 2 . Land in the City of Livonia, County of Wayne, State of Michigan, described as The West 200 feet of the North half of the North half of the N W quarter of the S E quarter of the N E quarter of Section 3, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except the Westerly 30 feet and Northerly 25 feet thereof and also except the East 310 40 feet thereof Subject to all restrictions and easements of record, if any as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals with the following result AYES Jurcisin, McGee, Kavanagh, Brosnan, Toy, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #381-95 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 9, 1995, approved for submission by the Mayor, to which is attached a letter from the Executive Director of the Michigan Municipal League, dated May 8, 1995, and an invoice with respect to the City's Michigan Municipal League dues for the period July 1, 1995 through June 30, 1996, the Council does hereby authorize the payment of same from monies budgeted for this purpose with respect to the annual dues of $11, 409 00; provided, however, that the Council rejects and denies authorization to make payment with respect to the $800 00 Legal Defense Fund Membership 28851 On a motion by Jurcisin, seconded by Toy, it was RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 15, 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 Flat Rock Contractors, Inc , 14667 Telegraph, Flat Rock, MI 48134, for completing all work required in connection with the repair of the concrete pavement on Levan Road from Five Mile Road south to Meadowbrook (Contract 95-G) for the estimated total cost of $215,024 30, 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 appropriate and authorize the expenditure of the sum of $215, 024 30 from the General Obligation Road Improvement Bond Issue 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 On a motion by Brosnan, seconded by Feenstra, and unanimously livadopted, it was #382-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 15, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to the Levan Road Pavement Repair from Five Mile Road south to Meadowbrook (Contract 95-G) , the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation On a motion by Toy, seconded by McGee, and unanimously adopted, it was #383-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 15, 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 Bidigare Contractors, Inc , 36812 Curtis Road, Livonia, Michigan 48152, for completing all work in connection with the Botsford Elementary School storm sewer extension (Contract 95-R) for the estimated total cost of $20,175 00, 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 28852 appropriate and authorize the expenditure of the sum of ibo $20, 175 00 from the Surplus Drain Funds available in the Sewer Separation Bond Retirement Fund No 373 for this purpose, with the provision that said fund be reimbursed by the Clarenceville School District for one-half of the cost thereof; 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 On a motion by Feenstra, seconded by Toy, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 15, 1995, which transmits its resolution 5-80-95, adopted on May 9, 1995, with regard to a request to modify conditions of approval in connection with Petition 94-4-2-11, submitted by Lorraine B Salan, requesting waiver use approval to operate an arcade with mechanical amusement devices within the Livonia Mall Shopping Center located at the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and this request is hereby approved and granted, subject to variances being granted by the Zoning Board of Appeals and to the following additional conditions 1) That the number of mechanical amusement devices shall not exceed 30; 2) That the hours of operation may be extended to 10 00 p m Monday through Saturday during the summer recess of the public schools, but return to 9 00 p m Monday through Friday during the rest of the year; and 3) That such arcade shall be properly attended at all times by qualified personnel who shall be at least 18 years of age On a motion by Jurcisin, seconded by McGee, it was RESOLVED, that the Council does hereby determine to substitute a resolution which would provide that the number of mechanical amusement devices shall not exceed 30, and to extend the hours on Monday thru Thursday to 10 00 p m and on Friday and Saturday to 11 00 p m , and allow for personnel who shall be at least 18 years of age A roll call vote was taken on the motion to substitute as follows AYES NAYS Jurcisin and McGee Feenstra, Kavanagh, Brosnan, Toy, and Taylor The President declared the motion to substitute denied 28853 A roll call vote was then taken on the originally proposed resolution, as Irsofollows #384-95 RESOLVED, that having considered a communication from the City Planning Commission, dated May 15, 1995, which transmits its resolution 5-80-95, adopted on May 9, 1995, with regard to a request to modify conditions of approval in connection with Petition 94-4-2-11, submitted by Lorraine B Salan, requesting waiver use approval to operate an arcade with mechanical amusement devices within the Livonia Mall Shopping Center located at the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and this request is hereby approved and granted, subject to variances being granted by the Zoning Board of Appeals and to the following additional conditions 1) That the number of mechanical amusement devices shall not exceed 30; 2) That the hours of operation may be extended to 10 00 p m Monday through Saturday during the summer recess of the public schools, but return to 9 00 p m Monday through Friday during the rest of the year; and Ile 3) That such arcade shall be properly attended at all times by qualified personnel who shall be at least 18 years of age with the following result AYES Jurcisin, McGee, Kavanagh, Toy, and Taylor NAYS Feenstra and Brosnan The President declared the resolution adopted On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #385-95 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1995, which transmits its resolution 5-76-95, adopted on May 9, 1995, with regard to Petition 95-4-2-15, submitted by Anusbigian LLC (Mark Anusbigian) , requesting waiver use approval to construct a fruit market on property located on the west side of Middlebelt Road between Five Mile Road and Linda Avenue in the Northeast 1/4 of Section 23, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 95-4-2-15 is hereby approved and granted, subject to the following conditions 28854 1) That the Site Plan marked Sheet A-1 dated May 2, 1995, as IM, revised, prepared by Daniel DeRemer & Associates, Architects, which is hereby approved shall be adhered to; 2) That the Landscape Plan marked Sheet A-3 dated May 8, 1995, as revised, prepared by Daniel DeRemer & Associates, Architects, which is hereby approved shall be adhered to and shall be installed prior to the issuance of Certificate of Occupancy and thereafter permanently maintained in a healthy condition; 3) That the Building Elevation Plans Sheet A-2 dated April 6, 1995 and Sheet A-4 dated April 21, 1995 prepared by Daniel DeRemer & Associates, Architects, which are hereby approved shall be adhered to; 4) That a six (6) foot masonry wall shall be installed between this property and the residential property to the west and south; 5) That the parking spaces shall be ten (10) feet in width and double-striped; 6) That all musical entertainment shall be confined inside the building; and 7) That the signage as depicted on the approved plans is hereby approved and shall be adhered to On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #386-95 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1995, which transmits its resolution 5-78-95, adopted on May 9, 1995, with regard to Petition 95-4-2-18, submitted by William Harb, Jr , requesting waiver use approval to operate a limited service restaurant (Coffee Express) in an existing building located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 95-4-2-18 is hereby approved and granted, subject to a limitation on the number of customer seats of not to exceed 24 On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #387-95 RESOLVED, that having considered a communication from the City Planning Commission, dated May 16, 1995, which transmits its resolution 5-87-95, adopted on May 9, 1995, with regard to 28855 Petition 95-4-8-10 submitted by DiComo Associates on behalf of Lot Livonia Family "Y" , requesting approval for all plans in connection with a proposal to construct an addition to the existing facility located at 14255 Stark Road in the Southeast 1/4 of Section 21, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-4-8-10 is hereby approved and granted, subject to the following conditions 1) That the Site Plan, defined as A-1 dated 3/27/95 by DiComo Associates, Inc , is hereby approved and shall be adhered to; 2) That the Elevation Plan, defined as A-3 dated 5/5/95 by DiComo Associates, is hereby approved and shall be adhered to; 3) That all roof-top mechanical units which can be seen by the public shall be screened or painted a color to match the building; and 4) That the existing landscape design will be continued so as to incorporate the area that is being added On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #388-95 RESOLVED, that having considered a communication from the Department of Law, dated May 22, 1995, submitted pursuant to Council Resolution 129-95, transmitting for Council acceptance a Warranty Deed dated May 10, 1995, executed by Eugene C and Evelyn M Oliver conveying to the City certain property described as follows The South 60 feet of the following described parcel The West 253 ft of the East 629 ft of the South 173 ft of the East 1/2 of the S E 1/4 of Section 1, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Seven Mile Road right-of-way) Part of Tax Parcel No 004-99-0070-000 Property address 27570 Seven Mile Road the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed; and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was 28856 #389-95 RESOLVED, that having considered a communication from the City Librarian, dated May 10, 1995, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of various gifts valued at $18, 915 00 from the Friends of the Library, as set forth in Library Commission Resolution 8-95 On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #390-95 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 23, 1995, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $127 50 from the Learning Tree Child Center, Inc ; FURTHER, the Council does hereby appropriate and credit the sum of $127 50 to Account No 702-000- 285-215 for use in the Livonia Youth Assistance Program On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #391-95 RESOLVED, that having considered a communication from the Mayor, dated May 1, 1995, the Council does hereby approve of and concur in the reappointment of Robert Alanskas, 36218 Barkley, Livonia, Michigan 48154, to the City Planning Commission for a term of three years, which term will expire on June 9, 1998, provided that Mr Alanskas takes the Oath of Office as required in Section 2, Chapter X of the City Charter, to be administered by the City Clerk On a motion by Toy, seconded by McGee, and unanimously adopted, it was #392-95 RESOLVED, that having considered a communication from the Mayor, dated May 1, 1995, the Council does hereby approve of and concur in the reappointment of Robert Lee Morrow, 19421 Laurel, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which term will expire on June 9, 1998, provided that Mr Morrow takes the Oath of Office as required in Section 2, Chapter X of the City Charter, to be administered by the City Clerk No one from the audience wished to speak at this time On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was 28857 #393-95 RESOLVED, that the Council does hereby refer the matter L of the "saw cut" on Fairfield Avenue and the deteriorating condition of same which has resulted in a dip in the road to the Department of Public Works for a report and recommendation regarding the cause of this condition and the proposed repair thereof Councilmember Jurcisin wished his son, Mike, who just recently graduated from Churchill High School, best wishes, and also conveyed congratulations and best wishes to the rest of the graduates and their parents Council President Taylor extended a belated "Happy Birthday" greeting to Councilmember Feenstra, whose birthday was on May 31, 1995 On a motion by Jurcisin, seconded by McGee, and unanimously adopted, this 1,298th Regular Meeting of the Council of the City of Livonia was adjourned at 9 36 p m , June 5, 1995 L4&,,, Jo: McCotter, City Clerk ilow