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HomeMy WebLinkAboutCOUNCIL MINUTES 1995-02-22 28682 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 22, 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 01 p m Councilmember Toy delivered the invocation Roll was called with the following result Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, and Gerald Taylor Absent None * (*A vacancy currently exists on the Council ) 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; Robert R Bishop, City Treasurer; Suzanne Wisler, Director of Community Resources; Jeanne Treff, Cable Television Director; Ann W Tavolacci, Deputy City Clerk; Patrick J Tavolacci, Board of Canvassers; Joseph F Mysliwiec, Court Administrator; Lee Morrow, Planning Commission; Daniel Piercecchi, Planning Commission; Robert Alanskas, Planning Commission; Lee Alanskas, Arts Commission; Sean P Brosnan, Zoning Board of Appeals; and Albert Flores, Zoning Board of Appeals On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #109-95 RESOLVED, that the minutes of the 1,290th Regular Meeting of the Council of the City of Livonia, held February 8, 1995, are hereby approved as submitted No one from the audience wished to speak at this time On a motion by McGee, seconded by Kavanagh, it was 28683 #110-95 RESOLVED, that having considered letters from the Secretary of the Livonia Woodcarvers Club, dated January 24, 1995 and February 17, 1995, in connection with the 21st Annual Woodcarving Show to be conducted at Eddie Edgar Arena on August 5 and 6, 1995, and which request permission to display temporary advertising signs from July 29 through August 6, 1995, which signs will be in the following sizes and displayed in the following locations A double sign (24" wide x 48" high - tent style) at the southwest corner of Five Mile and Farmington Roads; A double sign (24" wide x 48" high - tent style) at the southeast corner of Five Mile and Farmington Roads; A 24" wide x 48" high double sign (opens like a book - hinged in the middle) at the southeast corner of Schoolcraft and Farmington Roads; A 24" wide x 48" high double sign (opens like a book - hinged in the middle) at the northeast corner of Plymouth and Farmington Roads; A 42" high x 72" wide sign on Farmington Road at the south corner of Ford Field; and A 42" high x 72" wide sign at the southwest corner of Farmington Road and Lyndon; the Council does hereby approve and grant this request in the manner and form herein submitted; FURTHER, the Council does hereby take this means to indicate that the Livonia Woodcarvers Club is recognized as a non-profit organization operating in the community, the action herein being taken for the purpose of affording the Livonia Woodcarvers Club an opportunity to obtain a gaming license from the State of Michigan in accordance with provisions of State statute; FURTHER, the Council does hereby determine that this request shall receive a Category III application pursuant to the City of Livonia Fees/Waivers Four Category Grid dated February 8, 1993, as established in Council Resolution 371-93, adopted on May 5, 1993 #111-95 RESOLVED, that having considered a communication from the Court Administrator and District Judges of the 16th District Court, approved for submission by the Director of Finance and the Mayor, the Council does hereby authorize the purchase of a microfilm/microfiche reader-printer and a Model 200 AS400 computer upgrade from IBM Corporation, 18000 W Nine Mile Road, Southfield, Michigan 48086-5050, for the price of $29, 800 00, the same to be appropriated and expended from the Drunk Driving Caseflow Assistance Fund ($27, 000 00) and Account 101-141-000- 983-000 ($2,800 00) for this purpose; FURTHER, the Council does hereby authorize the said purchase without competitive bidding 28684 for the reasons set forth in the aforementioned communications and in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #112-95 RESOLVED, that having considered a communication from the Cable Television Commission, dated January 30, 1995, approved by the Director of Community Resources and approved for submission by the Mayor, and which transmits its resolution 230-95, wherein it is recommended that the allocation of public access channels be approved as follows (subject to review in one year) Channel Designation 3 Community Bulletin Board 8 City Channel 10 M-ITV Educational Programming State 12 Community Programming 13 Catholic Television Network (CTN) & Eternal Word Television Network (EWTN) 15 Educational Programming Livonia K - 12 16 Educational Programming Livonia College Network Madonna University/ Schoolcraft College 19 Loaned to MetroVision WADL Mt Clemens 20 College Cable 23 Educational Programming Clarenceville K-12 24 Loaned to MetroVision WBSX Ann Arbor 25 Blank for future allocation the Council does hereby concur in and approve of the aforesaid action #113-95 RESOLVED, that having considered a letter from the City Attorney and the City Engineer, dated January 12, 1995, approved for submission by the Mayor, submitting the offer of Pam and Steve Pokornicki, 31641 Bobrich Avenue, Livonia, Michigan 48152 for the purchase of certain vacant lots owned by the City of Livonia, located at 30060 and 30062 Norfolk (Lots 182 and 183 Storm and Fowlers Country Crest Subdivision) , the Council does hereby request that in accordance with Council Resolution 300-88, the said property be posted with a "For Sale" sign for 30 days prior to taking bids, and that the Director of Finance prepare specifications and obtain competitive bids with a minimum bid price of $26, 000, which specifications shall contain the following specific requirements and restrictions 1) The development of the lots in question will require the improvement of Norfolk and Oporto Avenues as an Alternate IV type of improvement An additional 30' of right-of-way west of the centerline of Oporto will be required from the owners of the properties facing Purlingbrook Avenue; 28685 2) A water main extension west from Melvin Avenue will be 3) required This will necessitate open cutting Melvin Avenue; Sanitary sewers are available to service the two properties in question as platted If the two lots are to be split and combined so as to face Norfolk Avenue, a public sanitary sewer extension will be required to service the newly created west lot; and 4) Construction of two homes on the two lots will require the extension of the storm sewer system currently located at the Norfolk and Melvin intersection for purposes of outletting the home sump pumps; which bids shall be accompanied by a deposit in the form of a money order or certified check which is equal to five percent of the bid price or $500 00, whichever is greater, and in the event of a default, the deposit is subject to forfeiture or liquidated damages, and all competitive bids shall thereafter be submitted to the Council for consideration #114-95 RESOLVED, that having considered the report and recommendation of the Departments of Law and Engineering, dated January 12, 1995, approved for submission by the Mayor and submitted pursuant to Council Resolutions 670-94 and 671-94 with respect to the request from Steve and Pam Pokornicki to purchase City-owned property located south of Eight Mile Road and east of Merriman at 30060 and 30062 Norfolk (Tax Item Nos 005 01 0182 000 and 005 01 0183 000) , the Council does hereby refer the subject of the possible improvement of Oporto between Morlock and Norfolk, including the cost thereof, and acquiring an additional 30 feet of right-of-way west of the centerline of Oporto in order to widen the road to 60 feet to the Department of Law and the Engineering Department for a report and recommendation #115-95 RESOLVED, that having considered a communication from the City Engineer, dated January 25, 1995, signed by the Finance Director, and approved for submission by the Mayor, to which is attached a list of sidewalks requiring installation and/or replacement on Sunbury Street between Five Mile Road and Jamison in Section 24, in the City of Livonia, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install and/or remove and replace sidewalk at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Title 12, Chapter 04, Section 340 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 1995, after which date the Engineering Department shall arrange for the construction and/or reconstruction of the said sidewalks as an inclusion to the 1995 Sidewalk Program, which program will include all required work 28686 which has not been completed by private property owners by June 1, 1995; FURTHER, the Council does hereby authorize the construction, and/or reconstruction of various sections of sidewalks and crosswalks at certain locations in this area inasmuch as the same are the City' s responsibility; FURTHER, the Council authorizes an advance of $23,235 00 from the General Obligation Road Improvement Bond Issue, subject to reimbursement from the special assessment receipts, and an amount of $1, 000 00 from the Michigan Transportation Fund (Local Road Account) to pay for the City' s portion of this project #116-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 26, 1995, approved for submission by the Mayor, wherein it is recommended that certain rights-of-way associated with the widening and improvement of Seven Mile Road located in the Southeast 1/4 of Section 6 and the Northeast 1/4 of Section 7 be conveyed to Wayne County, the legal descriptions of which are as follows (1) The North 60 feet and the East 60 feet of the East 1/2 of the Northeast 1/4 of Section 7, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Seven Mile Road and Newburgh Road rights-of-way) (2) The East 60 feet and the South 60 feet of the following described parcel of land Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as follows Beginning at the Southeast corner, Section 6, T 1 S , R 9 E ; thence along the south line of Section 6, South 89°53'01" West, 335 00 feet; thence North 00°06' 50" East, 600 23 feet; thence North 89°55' 22" East, 335 00 feet; thence along the east line of Section 6, South 00°06'50" West, 600 00 feet to the point of beginning; subject to the rights of the public and of any governmental unit in any part thereof taken or deeded for street, road or highway purposes (3) The South 60 feet of the West 295 0 feet of the East 630 0 feet of the South 220 0 feet of the East 100 acres of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, except the East 25 feet thereof, Wayne County, Michigan (Parcel 06J21a) Seven Mile Road right-of-way (4) The South 60 feet of the East 218 feet of the following parcel of land Land in the City of Livonia, Wayne County, Michigan, being a part of the South 1/2 of Section 6, T 1 S , R 9. E , more particularly described as That part of the East 100 acres of the S E 1/4 of Section 6, described as beginning at a point on the South line of said Section, distant S 89°38' 20" W , 630 feet from the S E corner of Section 6 and proceeding thence S 89°38'20" W along said S line 218 0 feet, thence N 0°05'40" W , 158 50 feet; thence S 89°38'20" W , 300 0 feet; thence N 0°05'40" W 28687 573 50 feet; thence N 89°38'20" E 518 0 feet; thence S 0°05'40" E 732 0 feet to the point of beginning (06J20) - Seven Mile Road right-of-way (5) South 60 feet of West 50 0 feet of the East 898 0 feet of the South 158 50 feet of the East 100 acres of the Southeast 1/4 of Section 6, City of Livonia, Wayne County, Michigan (6) South 60 feet of the West 100 0 feet of the East 998 0 feet of the South 158 50 feet of the East 100 acres of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (06J18) - Seven Mile Road right-of-way and South 60 feet of the West 75 feet of the East 1073 feet of the South 158 50 feet of the East 100 acres of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (06J16bJ17) - Seven Mile Road right-of-way (7) The South 60 feet of the following parcel of land Land in the City of Livonia, Wayne County, Michigan, being a part of the South 1/2 of Section 6, T 1 S , R 9 E , more particularly described as The West 75 feet of the East 1148 feet of the South 158 50 feet of the East 100 acres of the S E 1/4 of Section 6 (06J15, 16a) - Seven Mile Road right-of-way (8) Land in the City of Livonia, County of Wayne, State of Michigan, described as The South 60 feet of the West 50 0 feet of the East 1248 0 feet of the South 158 50 feet of the East 100 acres of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County Records (06J13) - Seven Mile Road right-of-way and Land in the City of Livonia, County of Wayne, State of Michigan, described as The South 60 feet of the West 50 0 feet of the East 1198 0 feet of the South 158 50 feet of the East 100 acres of the S E 1/4 of Section 6, T 1 S , R 9 E , City of Livonia (06J14) - Seven Mile Road right-of-way the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute proper deeds of conveyance of the aforesaid Seven Mile Road rights-of-way to the County of Wayne, subject to approval as to form by the Department of Law #117-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 1, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the 28688 unit price bid of Siteworks Construction Company, P 0 Box 1437, Monroe, Michigan 48161, for the expansion and reconstruction of the Shelden Park Senior Center parking lot and the installation of a greenbelt along the west right-of-way of Deering Avenue between Plymouth Road and Wadsworth Avenue, for the estimated total cost of $23, 599 60, 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 sum of $15,439 60 is hereby authorized and appropriated from the Community Development Block Grant Program for the parking lot improvement at Shelden Park Senior Center and the sum of $8, 160 00 is hereby authorized and appropriated from the Community Development Block Grant Program for the Deering Avenue greenbelt planting; 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 #118-95 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) , dated February 6, 1995, which bears the signature of the Finance Director, approved for submission by the Mayor, and submitted pursuant to Section 13 (6) (a) of Act 51, of the Public Acts of Michigan of 1951, as amended, with regard to the transfer of funds for the fiscal year 1994-95 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for the Major Street System to be used on the Local Street System, and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #119-95 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) dated February 6, 1995, which bears the signature of the Finance Director, approved for submission by the Mayor, and submitted pursuant to Section 13 (6) (b) of Act 51 of the Public Acts of Michigan of 1951, as amended, with regard to the transfer of funds for the fiscal year of 1994-95 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $600, 000 from those funds designated for use on the Major Street System to be used on the Local Street System; and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #120-95 RESOLVED, that having considered a letter from the Mayor, dated February 8, 1995, with respect to the sale of City-owned properties located near Seven Mile and Fitzgerald, 28689 south of the Fox Creek Golf Course, the Council does hereby request that the Department of Law obtain updated appraisals as necessary to ascertain the fair market value thereof; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $500 00 from the Unexpended Fund Balance Account for purposes of making payment to the appraiser for services rendered in the preparation of amended appraisals; FURTHER, after such appraisals have been obtained, the Council does hereby request that in accordance with Council Resolution 300-88 the said properties be posted with a "For Sale" sign for 30 days prior to taking bids and that the Director of Finance prepare specifications and obtain competitive bids with a minimum bid price in accordance with the appraisals obtained, which bids shall be accompanied by a deposit in the form of a money order or certified check which is equal to 51 of the bid price or $500 00, whichever is greater, and that in the event of a default the deposit is subject to forfeiture or liquidated damages and all competitive bids shall thereafter be submitted to the Council for consideration #121-95 WHEREAS, pursuant to the direction of the City Council in its resolution 43-95, adopted on January 18, 1995, and in accordance with Section 3 08 140 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of February 6, 1995 an assessment roll dated February 6, 1995 for the street lighting improvement consisting of the installation of 100-watt high pressure sodium lights on colonial post top poles in Hunters Pointe Subdivision located in the Southeast 1/4 of Section 30, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 43-95; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday, April 3, 1995, at 8 00 p m to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said 28690 City, at least ten (10) days prior to the aforesaid date of April 3, 1995; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor' s office #122-95 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 Monday, April 3, 1995 at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 94-11-1-24, submitted by the City Planning Commission on its own motion, for a change of zoning of property located south of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, from RUF to R-1A, the City Planning Commission in its resolution 1-9-95 having recommended to the City Council that Petition 94-11-1-24 be approved; (2) Petition 94-12-1-26, submitted by Las Brisas Development Company and Perpich-Murninghan Venture, for a change of zoning of property located on the north side of Five Mile Road between Garden Avenue and Harrison Avenue in the Southwest 1/4 of Section 13, from RUF to R-7, the City Planning Commission in its resolution 1-10-95 having recommended to the City Council that Petition 94-12-1-26 be approved; and (3) Petition 94-12-1-27, submitted by Philip Barth, for a change of zoning of property located south of Schoolcraft and west of Farmington Road in the Northeast 1/4 of Section 28, from M-1 to C-2, the City Planning Commission in its resolution 1-11-95 having recommended to the City Council that Petition 94-12-1-27 be denied; 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 28691 A roll call vote was taken on the foregoing resolutions with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #123-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 25, 1995, submitted pursuant to Council Resolution 728-94 in connection with a communication from the City Planning Commission, dated September 26, 1994, which transmits its resolution 9-163-94, adopted on September 20, 1994, with regard to Petition 94-9-8-18 submitted by Tech Express Corp , requesting approval of all plans in connection with a proposal to construct an addition to the gas station located at 29401 Seven Mile Road in the Northeast 1/4 of Section 11, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 94-9-8-18 is hereby approved and granted, subject to the following conditions 1) That the Site Plan, defined as Drawing D-1 dated October 10, 1994, by Sun Company, Inc is hereby approved and shall be adhered to; 2) That the Landscape Plan, defined as Drawing L-1 dated October 10, 1994, by Sun Company, Inc is hereby approved and shall be adhered to, and that the landscape materials shall be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; 3) That the Elevation Plan, defined as Drawing A-2 dated May 25, 1994, by Sun Company, Inc is hereby approved and shall be adhered to; 4) The petitioner is to install a cedar wood gate on the dumpster enclosure; 5) In the event the petitioner can reach agreement with the adjacent property owner, the petitioner will remove the wall along the west side cf the property; 6) The petitioner will convey additional right-of-way along Seven Mile Road to the City so that Seven Mile Road will be dedicated to its fullest extent adjacent to the subject site; 28692 7) The dead and/or dying landscaping is to be replaced as soon as possible; and 8) The petitioner is to erect a "No Parking" sign on the west side of the property (in front of the door) to discourage customer parking which could create a traffic flow problem On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #124-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 13, 1995, submitted pursuant to Council Resolution 33-95 in connection with a letter from the Michigan Liquor Control Commission, dated October 12, 1994, and the report and recommendation of the Chief of Police, dated November 30, 1994, approved for submission by the Mayor, the Council does hereby approve of the request from Dallo's Brothers, Inc , stockholders Carl Dallo and Ralph Dallo, for transfer of ownership of a 1994 SDM licensed business from Arbor Ridge, Inc for a business located at 9479 Newburgh Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #125-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 13, 1995, WHEREAS, on September 9, 1994, Advance/Newhouse Partnership (a New York general partnership whose partners are Vision Cable Communications, Inc , and Newhouse Broadcasting Corporation, hereinafter called "Advance Newhouse") and Time Warner Entertainment Company, L P , a Delaware limited partnership (TWE") , entered into a partnership agreement for the formation of Time Warner Entertainment-Advance Newhouse Partnership, a New York general partnership ("TWE-A/N") ; and WHEREAS, by Contribution Agreement dated September 9, 1994, by and among TWE, Advance/Newhouse, Advance Publications, Inc ("Advance") , and Newhouse Broadcasting Corporation ("Newhouse") , Advance and Newhouse agreed to transfer certain cable television systems to TWE-A/N, including the system serving the City of Livonia; and WHEREAS, MetroVision of Livonia, Inc ("MetroVision") is the grantee of a cable television franchise in the City of Livonia under City of Livonia Ordinance No 1685 (the "Franchise") ; and 28693 WHEREAS, MetroVision is directly or indirectly owned and controlled by Newhouse and Advance and the Advance/Newhouse Partnership, and pursuant to the terms of the Contribution Agreement they will transfer the Franchise to TWE-A/N so that after the transaction the Franchise and the cable television system authorized by the Franchise will be owned and operated by TWE-A/N; and WHEREAS, MetroVision and TWE-A/N submitted an Application for Franchise Authority Consent to transferandassignment of the Franchise on FCC form 394, providing certain information with respect to the parties and the proposed transfer; and WHEREAS, MetroVision and TWE-A/N submitted additional information and documents in response to requests of the City relating to the transaction and its effect on the provision of cable television service within the City; and WHEREAS, the City is relying upon the information and documents submitted by MetroVision and TWE-A/N in acting upon the Application for Franchising Authority consent; and WHEREAS, the City and MetroVision, in a Memorandum of Understanding to be entered into between the parties, have resolved certain outstanding matters of franchise noncompliance with respect to obligations of MetroVision to purchase additional community access equipment and related issues; and WHEREAS, the City does not intend to exercise its right of first refusal provided in Section 5-1815 (a) of the Franchise; and WHEREAS, the City intends to authorize and consent to the transfer and assignment of the Franchise subject to TWE-A/N's acceptance of the terms and conditions set forth herein; NOW, THEREFORE, BE IT RESOLVED that the City of Livonia does hereby authorize and consent to the transfer and assignment of the cable television franchise granted by Ordinance No 1685 to Time Warner Entertainment-Advance/Newhouse Partnership, a New York general partnership, subject to the following conditions a) Execution by MetroVision of Livonia, Inc of the Memorandum of Understanding regarding purchase of community access equipment, and b) The execution by MetroVision of Livonia, Inc and Time Warner Entertainment-Advance/Newhouse Partnership of an Assumption Agreement as provided for in Ordinance No 1685, said Assumption Agreement to continue as obligations of the franchisee all requirements of the pertinent City ordinances, the Franchise Agreement, including the referenced Request For Proposals and Pro-Formas, and all Memorandums of Understanding executed between MetroVision of Livonia, Inc and the City of Livonia; (REVISED PAGE) 28694 and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the Memorandum of Understanding referred to herein, subject to approval as to form by the Department of Law; FURTHER, the Department of Law is hereby requested to prepare an appropriate ordinance regarding this transfer for submission to Council On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #126-95 RESOLVED, that having considered a letter from Councilmember Ochala dated January 9, 1995, wherein he indicates his desire to resign from the Livonia City Council effective January 31, 1995, the Council does hereby accept the resignation of Councilmember Ron Ochala effective January 31, 1995 On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #127-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 16, 1995, Maureen Miller Brosnan, 11320 Arden, Livonia, MI 48150, is hereby appointed to the Office of Councilmember of the Livonia City Council to fill the unexpired term of Ron Ochala, which expires December 31, 1995 Toy made the following disclosure regarding the next Agenda item Prior to the public hearing on the Italian American Club, my concern was that a conflict of interest could keep me from participating I was told by the City Attorney that it was my option to attend or not to attend that hearing Let the public record show I did participate in the hearing, but was merely present My concern is that I am a member of the Italian American Club for approximately the last 10 years I am classified as a lifetime member and I have paid $1,000 to join and hold a lifetime membership I have no financial interest or fiduciary interest in the Club I am not a member of the Board of Directors and have no governing authority other than being a member at large In a previous vote held approximately three years ago regarding the zoning of land for the Club the facts were similar I had the same concern I was told then by the attorney representing the Italian American Club and the former Chief City Attorney that I should recuse myself I anticipate that someone may perceive this vote as being a conflict of interest Although I have no financial or personal gain, I recognize my duty as a public official to conduct City business because of the advice I have received I offer this full disclosure of any conflict of interest and ask the City Attorney for her judgement and authority City Attorney White advised Councilmember Toy that since she has no financial interest in this matter, the Charter has a clause stating she may vote, or, if she so wishes, she may also decline to vote on this issue if she feels there is an appearance of impropriety Councilmember Feenstra challenged, for the record, the advice of the City Attorney on whether or not Toy should vote, explaining that this interpre- tation was drawn from the old Charter, which had been amended by ordinance and which further defined the obligations of councilmembers to vote on each and every issue 28695 On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was #128-95 RESOLVED, that having considered a communication from the City Planning Commission, dated December 1, 1994, which sets forth its resolution 11-191-94, adopted on November 22, 1994, with regard to Petition 94-9-2-30 submitted by Italian American Club Banquet Hall, Inc requesting waiver use approval to utilize a Class C license for an existing banquet hall located on the north side of Five Mile Road between the I-96/I-275 Expressway and Knolson Avenue in the Southwest 1/4 of Section 18, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on February 15, 1995, pursuant to Council Resolution 846-94, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 94-9-2-30 is hereby approved and granted Toy gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 011 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 Kavanagh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 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 94-8-1-19) 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 28696 AN ORDINANCE ADDING SECTION 011 OF TITLE 6, CHAPTER 08 (MISCELLANEOUS REGULATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 94-9-3-8) A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 94-9-3-9) A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 28697 Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 94-9-3-10) A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #129-95 RESOLVED, that having considered a communication from the Department of Law, dated January 25, 1995, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 27 foot strip of property, 253 feet in length, owned by Eugene C Oliver and Evelyn M Oliver which land is more particularly 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 subject to the following conditions 1 That the purchase price shall be in the sum of $6, 831 00; 2 That the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in the sum not to exceed $300 00; and 3 That the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $169 00 BE IT FURTHER RESOLVED, that a sum not to exceed $7,300 00 is hereby authorized to be expended from the $12 Million General Obligation Road Improvement Bond Issue approved by the electorate 28698 in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #130-95 RESOLVED, that having considered a communication dated January 31, 1995, from the Department of Law transmitting for Council acceptance three Quit Claim Deeds and three Grants of Easement, more particularly described as (1) Quit Claim Deed dated January 18, 1995, executed by Leo Soave, President of Soave Building Company, Inc , a Michigan Corporation, to the City of Livonia, for The North twenty-five (25) feet of the following parcel of land Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the South 1/4 corner of said Section 6; thence N 88°03' 03" E 989 69 feet along the south line of said Section 6; thence N 01°41'47" W , 1130 00 feet; thence N 88°03' 03" E 164 83 feet to the point of beginning; thence N 88°03' 03" E 82 40 feet; thence S 01°43' 00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet; thence N 01°43' 00" E 398 00 feet to the point of beginning (Sidwell No 024-99-0015-001 Northland Drive Right-of-Way) (2) Quit Claim Deed dated January 18, 1995, executed by Leo Soave, President of Soave Building Company, Inc , a Michigan Corporation, to the City of Livonia, for The North twenty-five (25) feet of the following parcel of land Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the South 1/4 corner of said Section 6; thence N 88°03' 03" E 989 69 feet along the south line of said Section 6; thence N 01°41'47" W 1130 00 feet; thence N 88°03' 03" E 247 23 feet to the point of beginning; thence N 88°0303" E 82 40 feet; thence S 01°43' 00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet; thence N 01°43' 00" E 398 00 feet to the point of beginning (Sidwell No 024-99-0015-002 Northland Drive Right-of-Way) (3) Quit Claim Deed dated January 18, 1995, executed by Leo Soave, President of Soave Building Company, Inc , a Michigan Corporation, to the City of Livonia, for 28699 The North twenty-five (25) feet of the following parcel of land Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the South 1/4 corner of said Section 6; thence N 88°03' 03" E 989 69 feet along the south line of said Section 6; thence N 01°41'47" W 1130 00 feet; thence N 88°03' 03" E 329 63 feet to the point of beginning; thence N 88°03' 03" E 82 40 feet; thence S 01°43' 00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet; thence N 01°43' 00" E 398 00 feet to the point of beginning (Sidwell No 024-99-0015-003 Northland Drive Right-of-Way) (4) Grant of Easement dated January 10, 1995, executed by Leo Soave, President of Soave Building Company, Inc , a Michigan Corporation, to the City of Livonia, for Sanitary Sewer Easement The North twelve (12) feet of the following parcel of land Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the South 1/4 corner of said Section 6; thence N 88°03' 03" E 989 69 feet along the south line of said Section 6; thence N 01°41'47" W 1130 00 feet; thence N 88°03' 03" E 164 83 feet to the point of beginning; thence N 88°03' 03" E 82 40 feet; thence S 01°43' 00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet; thence N 01°43' 00" E 398 00 feet to the point of beginning subject to the right-of-way for Northland Drive along the North 25 00 feet thereof (Sidwell No 024-99-0015-001) (5) Grant of Easement dated January 10, 1995, executed by Leo Soave, President of Soave Building Company, Inc , a Michigan Corporation, to the City of Livonia, for Sanitary Sewer Easement The North twelve (12) feet of the following parcel of land Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the South 1/4 corner of said Section 6; thence N 88°03' 03" E 989 69 feet along the south line of said Section 6; thence N 01°41'47" W 1130 00 feet; thence N 88°03' 03" E 247 23 feet to the point of beginning; thence N 88°03' 03" E 82 40 feet; thence S 01°43'00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet; thence N 01°43' 00" E 398 00 feet to the point of beginning subject to the right-of-way for Northland Drive along the North 25 00 feet thereof (Sidwell No 024-99-0015-002) CORRECTED PAGE-SEE CR #131-95 28700 (6) Grant of Easement dated January 10, 1995, executed by Leo Soave, President of Soave Building Company, Inc , a Michigan Corporation, to the City of Livonia, for Sanitary Sewer Easement The North twelve (12) feet of the following parcel of land Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the South 1/4 corner of said Section 6; thence N 88°03' 03" E 989 69 feet along the south line of said Section 6; thence N 01°41'47" W 1130 00 feet; thence N 88°03' 03" E 329 63 feet to the point of beginning; thence N 88°03'03" E 82 40 feet; thence S 01°43' 00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet; thence N O1°43' 00" E 398 00 feet to the point of beginning subject to the right-of-way for Northland Drive along the North 25 00 feet thereof (Sidwell No 024-99-0015-003) the Council does- hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deeds and Grants of Easement 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 Toy, seconded by Jurcisin, and unanimously adopted, it was #131-95 RESOLVED, that having considered a communication from the Department of Law, dated February 10, 1995, submitted pursuant to Council Resolution 872-94, transmitting for Council acceptance a Warranty Deed dated February 9, 1995, executed by Susan M Martin, conveying to the City certain property described as follows The North 60 feet of the following described parcel The North 660 feet of the West 1/2 of the West 1/2 of the NW 1/4 of Section 11, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, except the West 528 feet thereof (Seven Mile Road Right-of-Way) Part of Tax Parcel No 042-99-0030-000 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; and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above described property to the County of Wayne in a form to be approved by the Department of Law 28701 On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #132-95 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 31, 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 cash donations in the amount of $480 00 from the sources indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the sum of $480 00 to Account No 702-000-285-216 for use in the Senior Citizen Programs There was no audience communication at the end of the meeting Councilmember Feenstra extended a birthday greeting to Council President Taylor, whose birthday is tomorrow, February 23, 1995 Councilmember Jurcisin also extended a birthday greeting to his wife, Bonnie, whose birthday is Saturday, February 25, 1995 On a motion by Toy, seconded by Jurcisin, and unanimously adopted, this 1, 291st Regular Meeting of the Council of the City of Livonia was adjourned at 8 42 p m , February 22, 1995 (50;tti J An McCotter, City Clerk