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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-12-07 28571 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 7, 1994, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Ochala delivered the invocation, and President Taylor asked for a moment of silence in remembrance of the bombing of Pearl Harbor 50 years ago Roll was called with the following result Ron Ochala, Laura M Toy, Dale A Jurcisin*, Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, and Gerald Taylor (*arrived late) 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 IPOof Legislative Affairs; Michael Slater, Finance Director; and Robert J Beckley, Director of Public Works On a motion by Toy, seconded by Kavanagh, and unanimously* adopted, it was #835-94 RESOLVED, that the minutes of the 1,285th Regular Meeting of the Council of the City of Livonia, held November 21, 1994, are hereby approved as amended *Councilmember Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances President Taylor presented a commendation to Kenneth Miencier extending appreciation on behalf of the community for all his contributions during the time he served as a member of the Zoning Board of Appeals ism (fourteen years and four months) , which included serving as Vice Chair and Chair of the Board, and wished him well in his future endeavors 28572 On a motion unanimously introduced, seconded and adopted, it was #836-94 WHEREAS, James Richard McCann was born in Detroit, Michigan, with proud parents being Charles and Elizabeth McCann; and WHEREAS, James married Lillian Frances DeHart in October of 1949 and is the proud father of four children Kathleen, Maureen, James and Wade; and the grandfather of nine; and WHEREAS, James received his B A with honors from Hillsdale College in 1950, later earning his Juris Doctor from Wayne State University Law School in 1955 and was admitted to the practice of Law in Michigan that same year; and WHEREAS, James taught government and history at the 0 L Smith Middle School, in Dearborn, for approximately 14 years; during which time he pursued his law degree; WHEREAS, James was elected to and served on the Livonia City Council from 1958 until 1966 when he was elected to the office of Municipal Judge here in Livonia In January 1969, James became Livonia' s first District Court Judge During his tenure he initiated the Voluntary Probation Program in Livonia, became the longest serving member of the Michigan Judicial Tenure ibm Commission, is the past President of the Michigan District Judges Association, past Board member of the Livonia Drug Commission and founded and serves as the Executive Secretary of the Irish American Lawyers Association NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council joins Mayor Robert D Bennett in congratulating and honoring James Richard McCann upon his retirement on December 31, 1994 and wish him and his wife, Lillian, many more enjoyable years together No one from the audience wished to speak during the audience communication portion of the meeting On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #837-94 RESOLVED, that having considered a communication from Mr and Mrs Ray Hurd, 11170 Garden, Livonia, Michigan, dated December 5, 1994, regarding a complaint about a business being operated out of a home located at 11161 Garden, Livonia, Michigan, the Council does hereby refer the matter of whether a business is being conducted in a residential district at this location to the Inspection Department for its report and recommendation 28573 A communication from the Director of Finance, dated November 22, 1994, re forwarding various financial statements of the City of Livonia for the month ending October 31, 1994, was received and placed on file for the information of the Council At the direction of the Chair, Items 4 and 5 were removed from the Consent portion of the Agenda On a motion by Toy, seconded by Ochala, it was #838-94 RESOLVED, that having considered a letter from Linda Boulton, Kennedy PTA President, and Judy Rizzo, Craft Show Chairperson, dated November 14, 1994, which, in behalf of the Kennedy Elementary School PTA, requests permission to place 12" x 16" signs advertising a craft show to be conducted on April 1, 1995, at the following intersections and in front of the school at 14201 Hubbard Road, and which signs would be installed March 18, 1995, and removed by April 2, 1995 Five Mile and Hubbard Road Schoolcraft Road and Hubbard Road Farmington Road and Lyndon Road Merriman Road and Lyndon Road Five Mile Road and Merriman Road Merriman Road and Schoolcraft Road Schoolcraft Road and Farmington Road the Council does hereby approve of and concur in this request in the manner and form herein requested A communication from the Office of the City Clerk, dated November 18, 1994, re the 1994/95 tax rate of the Livonia Public Schools was received and placed on file for the information of the Council #839-94 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated November 8, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit bid price of Allie Brothers of Livonia, 20295 Middlebelt, Livonia, Michigan 48152, for supplying the Division of Police with police uniforms for the unit prices set forth in the attachment, and for a total estimated price of $46,210 00, the same having been in fact the lowest bid received and meets all specifications, and which unit prices shall remain in effect through November 30, 1996 #840-94 WHEREAS, the City of Livonia has joined a multitude of other Michigan municipalities which fund Michigan's trial courts in order to compel funding under MCL Sec 600 9947; 28574 WHEREAS, the Michigan Court of Appeals has held that this statute imposes a binding financial commitment on the State of Michigan, obligates the State to appropriate the amounts specified in this statute, and the funding units' only remedy to enforce the statute is to consider themselves relieved of their funding obligation to the extent of the entitlement and thereby reduce their appropriations accordingly; WHEREAS, in reliance on the Court of Appeals decision the City of Livonia previously passed a resolution reducing local appropriations in an amount equivalent to its entitlement under MCL Sec 600 9947; WHEREAS, a second class action lawsuit has been filed to protect the interest of the local funding units, See 10th Judicial Circuit et al v Saginaw County et al; Saginaw Circuit Court No 94-2936-AA-1 and Michigan Court of Claims No 94-15534-CM ("Saginaw class action") and a Stipulation and Interim Funding Order entered therein direct the State of Michigan to pay the Sec 600 9947 entitlement and recognizes the potential of a fine to reimburse the local units if they pay such amounts in the face of a State failure to follow the Court's order; NOW, THEREFORE, IT IS HEREBY RESOLVED, that in reliance on the Stipulation and Interim Funding Order in the ("Saginaw class action") case described above, the City of Livonia restores local funding to the trial courts it finances as budgeted before passage of the Resolution reducing appropriations in accordance with MCL Sec 600 9947; BE IT FURTHER RESOLVED, that this restoration of local funding shall be conditioned on the State' s failure to honor the Interim Funding Order in the Saginaw class action; BE IT FURTHER RESOLVED, that the restoration of funding herein shall not be considered voluntary and shall not be construed as a waiver or release of any claim of entitlement for reimbursement from the State of Michigan through any form, including but not limited to a claim for damages or to a compensatory fine; BE IT FURTHER RESOLVED, that the chief fiscal officer is directed to implement this Resolution forthwith and that its terms shall supersede and replace any inconsistent resolution #841-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 16, 1994, approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 1994 Sidewalk Repair Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution 166-94 and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a 28575 statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, March 8, 1995, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #842-94 RESOLVED, that having considered a communication from the Planning Director, dated November 4, 1994, to which is attached the "Capital Improvement Program 1995-2000" , the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation #843-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 18, 1994, which bears the signature of the Finance Director and the City Attorney, and is approved for submission by the Mayor, wherein it is recommended that the City enter into a contract with the Michigan Department of Transportation and the County of Wayne with respect to the responsibilities of the parties and cost allocations associated with the Merriman Road Grade Separation and Road Resurfacing Project, the Council does hereby authorize the City' s participation ($2,131, 550 00) in the project cost as outlined in the tri-party agreement; FURTHER, the Mayor and City Clerk are hereby authorized to execute a contract agreement (No 94-2022) for and on behalf of the City of Livonia with the Michigan Department of Transportation and the County of Wayne with respect to this project and to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $2,131,550 00 from the $12 Million General Obligation Road Improvement Bond Issue for this purpose; AND FURTHER, an advance in a sum not to exceed $784, 000 00 from the aforementioned appropriation is hereby authorized to be forwarded to the County of Wayne by March 1, 1995, for purposes of making construction payments relative to the Merriman Road Grade Separation Project; and the City Clerk is hereby requested to send a certified copy of this resolution to the Michigan Department of Transportation #844-94 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, January 23, 1995, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item 28576 (1) Petition 94-8-1-19, submitted by the City Planning Commission for a change of zoning of property located on the west side of Melvin Avenue between Norfolk Avenue and Bretton Road in the Northeast 1/4 of Section 2, from R-5 to RUFA, the City Planning Commission in its resolution 11-182-94 having recommended to the City Council that Petition 94-8-1-19 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change 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 #845-94 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Exhibit Works, Inc , dated November 16, 1994, covering new industrial facilities to be located within City of Livonia Industrial Development District 53; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A 1974, as amended 2 The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, January 23, 1995, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, January 23, 1995, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application (REVISED PAGE-SEE CR #847-94) 28577 #846-94 RESOLVED, that having considered a communication from Charles G Tangora of Brashear, Tangora and Spence on behalf of the Italian American Club Banquet Hall, Inc , dated November 28, 1994, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on November 22, 1994, by the City Planning Commission in its resolution 11-191-94 with regard to Petition 94-9-2-30 submitted by the 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 1-96/1-275 Expressway and Knolson Avenue in the Southwest 1/4 of Section 18, which property is zoned C-1, the Council does hereby designate Wednesday, February 15, 1995, at 8 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Toy, Feenstra, McGee, Kavanagh, and Taylor NAYS None On a motion by Feenstra, seconded by Toy, it was #847-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 10, 1994, with regard to a request from General Mills Restaurants, Inc requesting approval of an application for a new Michigan Liquor Control Commission Class C full year liquor license and Sunday Sales and Official Permit (food) for the China Coast restaurant located at 13800 Middlebelt Road, Livonia, Michigan 48150, in addition to prior approval already granted in Council Resolution 624-94 adopted on August 29, 1994, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Toy, Feenstra, McGee, Kavanagh, and Taylor NAYS None 28578 The President declared the resolution adopted Jurcisin entered the meeting at 8 10 p m On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #848-94 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 17, 1994, approved for submission by the Mayor, and to which is attached a list of adjustments required for the 1994 budget, the Council does hereby authorize the said budget adjustments and transfers in the manner and form set forth in the attachment The report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, re Petition 94-1-2-2 submitted by Building Committee, Incorporated, requesting waiver use approval to construct a new credit union facility to be located on the south side of Five Mile Road between Levan and Golfview Drive in the Northeast 1/4 of Section 20 and the Natural Use, Scenic and Open Space Easement pertaining to this petition was received and placed on file for the information of the Council The subject of a former landfill located in the area between Stevenson High School and Marshall School, west of the Beitz Drain, referred to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee pursuant to Council Resolution 341-94, is to remain in committee On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #849-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, submitted pursuant to Council Resolution 320-94, with regard to the erosion problem which may exist along the banks of the Bell Creek adjacent to residential property in the Rennolds' Ravine Subdivision, the Council does hereby authorize the Engineering Department to prepare an erosion mitigation plan for submittal to the Michigan Department of Natural Resources for approval; FURTHER, the Council does hereby appropriate and authorize the 28579 expenditure of a sum not to exceed $500 00 from Account No 375-000-965-101 for the application fee required by the Department of Natural Resources to review such plan; FURTHER, the report and recommendation of the Department of Law, dated November 18, 1994, submitted pursuant to Council Resolution 657-94 is hereby received and placed on file for the information of the Council; FURTHER, that the subject matter of the possible erosion problem in this area shall remain in the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for further consideration The report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, submitted pursuant to Council Resolution 626-94, and the report and recommendation of the Department of Law, dated October 11, 1994, submitted pursuant to Council Resolution 683-94, with respect to the subject matter of drainage problems as they relate to the Pines of Winfield Subdivision proposed to be located south of Seven Mile and east of Wayne Road in the Northwest 1/4 of Section 9, were received and placed on file for the information of the Council On a motion by McGee, seconded by Toy, and unanimously adopted, it was #850-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, submitted pursuant to Council Resolution 681-94, and the report and recommendation of the Department of Law, dated October 11, 1994, submitted pursuant to Council Resolution 683-94, with respect to the establishment of improvement bonds for Pines of Winfield Subdivision, located in the Northwest 1/4 of Section 9, and the subject of drainage concerns related to the development of the subdivision, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Ochala, it was RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, submitted pursuant to Council Resolution 724-94, and the report and recommendation of the City Engineer, dated September 23, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to a proposed 28580 miscellaneous storm sewer extension program, and the responsibility for payment of costs thereof, the Council does hereby determine to take no further action with respect to this item On a motion by Jurcisin, seconded by Toy, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, submitted pursuant to Council Resolution 724-94, and the report and recommendation of the City Engineer, dated September 23, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to a proposed miscellaneous storm sewer extension program, and the responsibility for payment of costs thereof, the Council does hereby authorize the Engineering Department to prepare plans and specifications and thereafter to arrange for the taking of bids for a miscellaneous storm sewer extension program, which program will consist of installing storm sewers at the following five locations 15658 Parklane 28703 Dover 19261 Newburgh 19578 Brentwood 9012 Denne; the estimated cost of which is $105, 800 00; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $98, 900 00 from surplus Drain Funds available in the Sewer Separation Bond Retirement Fund No 375 and the expenditure of a sum not to exceed $7, 000 00 from the $5 Million 1993 Water and Sewer Revenue Bond Issue for this purpose; and the Engineering Department is hereby authorized to obtain the easements needed in order to proceed with this project A roll call vote was taken on the motion to substitute as follows AYES Toy and Jurcisin NAYS Ochala, Feenstra, McGee, Kavanagh, and Taylor The President declared the motion to substitute denied On a motion by Jurcisin, seconded by Toy, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following 28581 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, submitted pursuant to Council Resolution 724-94, and the report and recommendation of the City Engineer, dated September 23, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to a proposed miscel- laneous storm sewer extension program, and the responsibility for payment of costs thereof, the Council does hereby authorize the Engineering Department to prepare plans and specifications and thereafter to arrange for the taking of bids for a miscellaneous storm sewer extension program, which program will consist of installing storm sewers at the following five locations 15658 Parklane 28703 Dover 19261 Newburgh 19578 Brentwood 9012 Denne; the estimated cost of which is $105, 800 00; and the Council does herein also determine that such project shall be constructed and financed by means of one-half the cost thereof to be paid by the City, and one-half of the cost to be raised by special assessments; FURTHER, the Council does hereby authorize and appropriate the expenditure of a sum not to exceed $49,450 00 from surplus Drain Funds available in the Sewer Separation Bond Retirement Fund No 375 and the expenditure of a sum not to exceed $3, 500 00 from the $5 Million 1993 Water and Sewer Revenue Bond Issue for this purpose; and the Engineering Department is hereby authorized to obtain the easements needed in order to proceed with this project A roll call vote was taken on the motion to substitute as follows AYES Toy and Jurcisin NAYS Ochala, Feenstra, McGee, Kavanagh, and Taylor The President declared the motion to substitute denied A roll call vote was taken on the originally proposed resolution, as follows #851-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, submitted pursuant to Council Resolution 724-94, and the report and recommendation of the City Engineer, dated September 23, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to a proposed miscellaneous storm sewer extension program, and the 28582 responsibility for payment of costs thereof, the Council does hereby determine to take no further action with respect to this item with the following result AYES Ochala, Feenstra, McGee, Kavanagh, and Taylor NAYS Toy and Jurcisin The President declared the resolution adopted On a motion by McGee, seconded by Feenstra, it was #852-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, submitted pursuant to Council Resolution 684-94, and the communication from the City Planning Commission, dated September 9, 1994, which transmits its resolution 8-152-94, adopted on August 30, 1994, with regard to Petition 94-8-3-7 submitted by Terry and Frank Czekaj requesting the vacating of a portion of an easement on Lot 12, Carrington Estates, located south of Seven Mile Road between Wayne and Laurel Roads in the Northwest 1/4 of Section 9, the Council does hereby reject the recommendation of the Planning Commission and Petition 94-8-3-7 is hereby denied; FURTHER, the Council does hereby determine in lieu of vacating the subject portion of the easement to request the Department of Law to prepare an appropriate agreement in which the City gives authorization for encroachment upon the subject portion of the natural drainage easement for the purpose of installing an above- ground pool and surrounding deck, and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid agreement for and on behalf of the City of Livonia in this regard A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Toy The President declared the resolution adopted The question of the need, if any, to revise landfill and transfer site fees, referred to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee pursuant to Council Resolution 984-90, is to remain in committee 28583 The subject of curbside recycling and composting, referred to the 10,1 Water Supply, Drainage, Sewage and Waste Disposal Study Committee pursuant to Council Resolution 1131-90, was previously reported out of committee via Council Resolution 517-91 On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #853-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, and submitted pursuant to Council Resolution 480-91, regarding the subject of the Feasibility Study of Waste Management Compliance Options, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Feenstra, it was #854-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste ihre Disposal Study Committee, dated November 22, 1994, and submitted pursuant to Council Resolution 513-91, regarding the subject of adding recycling of household batteries at the City's Recycling Center, the Council does hereby determine to take no further action with respect to this matter A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Toy The President declared the resolution adopted On a motion by McGee, seconded by Feenstra, it was #855-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, and submitted pursuant to Council Resolution 833-91, regarding the subject of the establishment of a collection facility at the Livonia Recycling Center to receive donated clothing and small household items, the Council does hereby determine to take no further action with respect to this matter A roll call vote was taken on the foregoing resolution with the following result 28584 Lir AYES Ochala, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Toy The President declared the resolution adopted The question of the City providing its own yard waste composting services in lieu of privatizing such services, referred to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee pursuant to Council Resolution 412-92, is to remain in committee On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #856-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, and submitted pursuant to Council Resolution 392-93, regarding the subject of a court order prohibiting Michigan Composting, Inc from receiving yard wastes, the Council does hereby determine to take no further action with respect to this matter The subject of establishing a proposed pilot composting project under which the City would pay Environmental Cost Management $6 00 per cubic yard for bulk yard wastes and $1 00 per cubic yard for wood chips, referred to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee pursuant to Council Resolution 568-93, is to remain in committee On a motion by McGee, seconded by Kavanagh, and unanimously adopted, it was #857-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, and submitted pursuant to Council Resolution 10-94, and the report and recommendation of the Mayor, dated December 8, 1993, to which is attached a copy of a report from the Director of Public Works, dated December 7, 1993, regarding a leaking diesel fuel tank and the subject of the employment of GZA GeoEnvironmental, Inc to provide consultant services on an emergency basis in accordance with the requirement of the Michigan Department of Natural Resources, the Council does hereby determine to take no further action with respect to this matter 28585 On motion by McGee, seconded by Kavanagh, and unanimously adopted, it was #858-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated November 22, 1994, and submitted pursuant to Council Resolution 246-94, regarding the subject of lifting the MDPH-imposed moratorium on water main extension permits in the northern part of Livonia, the Council does hereby determine to take no further action with respect to this matter On a motion by McGee, seconded by Toy, it was RESOLVED, that the Council does hereby determine to change the name of the "Water Supply, Drainage, Sewage and Waste Disposal Study Committee" to the "Water and Sewer Committee " Feenstra offered a friendly amendment to the foregoing resolution with the following result #859-94 RESOLVED, that the Council does hereby determine to change the name of the "Water Supply, Drainage, Sewage and Waste Disposal Study Committee" to the "Water, Sewer and Waste Committee " AYES Toy, Feenstra, McGee, and Taylor NAYS Ochala, Jurcisin, and Kavanagh The President declared the resolution as amended adopted Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 27 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 94-6-1-15) 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 ImoAN ORDINANCE AMENDING SECTION 21 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 94-7-1-16) 28586 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 Toy invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result AYES Ochala, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kavanagh 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 94-8-1-17) 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 took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 130 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result Lor AYES Ochala, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None 28587 The President declared the foregoing Ordinance duly adopted, and would become effective on publication McGee took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTIONS 070 AND 080 TO TITLE 8, CHAPTER 44 (ANTIBLIGHT REGULATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Jurcisin, Feenstra, McGee, and Taylor NAYS Toy and Kavanagh The President declared the foregoing Ordinance duly adopted, and would become effective on publication A report and recommendation of the City Engineer, dated November ILs8, 1994, re a request by Leo Soave for City assistance and participation in a storm sewer extension westerly along Plymouth Road from the Plymouth/ Newburgh intersection was received and placed on file for the information of the Council (CR 179-94) On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was #860-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 8, 1994, approved for submission by the Mayor, submitted pursuant to Council Resolution 179-94, with regard to a request by Leo Soave for City assistance and participation in the construction of a storm sewer extension westerly along Plymouth Road from the Plymouth/Newburgh intersection, the Council does hereby refer this matter in connection with the consideration of the City' s policy regarding storm sewer extensions and the City' s participation in the cost thereof to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for its report and recommendation On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was (REVISED PAGE-SEE CR 862-94) 28588 #861-94 RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1994, which sets forth its resolution 10-169-94 adopted on October 4, 1994, with regard to Petition 94-8-2-27 submitted by Bogart' s Billiard Cafe requesting waiver use approval to operate a full service restaurant in conjunction with an existing billiard hall facility located on the north side of Plymouth Road between Tech Center Drive and Sears Avenue in the Southeast 1/4 of Section 26, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, November 30, 1994, pursuant to Council Resolution 754-94, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 94-8-2-27 is hereby approved and granted subject to the condition that the number of seats shall be limited to 30 in a designated area On a motion by Toy, seconded by Ochala, and unanimously adopted, it was #862-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 1, 1994, with regard to a request from Outback Steakhouse of Florida, Inc (a Florida corporation) ; Wibel & Associates, Inc , Co-Licensee; and Michael A Fuhrman, Co-Licensee; requesting approval of an application for a new Michigan Liquor Control Commission Class C full year liquor license and Sunday Sales Permit for a proposed Outback Steakhouse restaurant to be located at 29441 Five Mile Road in the Mid-Five Shopping Center, Livonia, Michigan 48150, in addition to prior approval already granted in Council Resolution 737-94 adopted on October 12, 1994, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from the Inspection Department, dated November 9, 1994, re a report on the matter of outside spray painting of vehicles at Dave's Custom Collision located at 29943 Eight Mile Road was received and placed on file for the information of the Council (CR 745-94) A report and recommendation from the Inspection Department, dated November 2, 1994, re the condition of the two properties located to the north of 8891 Newburgh Road and the possible proposed uses of such parcels was received and placed on file for the information of the Council (CR 772-94) 28589 On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #863-94 RESOLVED, that the Council does hereby amend Council Resolution 769-94 so as to have the same read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated October 7, 1994, which transmits its resolution 10-171-94, adopted on October 4, 1994, with regard to Petition 94-9-8-19 submitted by Providence Hospital, requesting site plan approval in connection with a proposal to construct a medical clinic on property located on the southwest corner of Seven Mile and Newburgh Roads in the Northeast 1/4 of Section 7, 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 94-9-8-19 is hereby approved and granted, subject to the construction of a deceleration lane on Seven Mile Road and on Newburgh Road as required by the Engineering Department and the planting of five (5) Austrian pine trees per lot on the proposed berm, and subject to the following conditions 1) That the Site Plan received by the Planning Commission on September 16, 1994 by Nowak & Fraus Corp is hereby approved and shall be adhered to; 2) That the Landscape Plan, dated October 4, 1994, by MAS Associates 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 Plans dated September 29, 1994 by MAS Associates Inc are hereby approved and shall be adhered to; 4) That the parking spaces for the entire medical clinic shall be double striped; 5) That the landscape materials shown around the berm shall be increased to more adequately screen the proposed development from the neighboring residential homes, such additional landscaping to be determined by the City Planning Department; 6) The lawn area and permanent berm, which will be 30-35' in width, 5' in height and will be landscaped, are to be sprinkled and properly maintained at all times; and 7) That the sidewalk be extended on the full length of their property on Seven Mile Road and on the full length of their property on Newburgh Road 28590 On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was #864-94 RESOLVED, that the Council does hereby amend Council Resolution 773-94 so as to have the same read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1994, which transmits its resolution 10-173-94, adopted on October 4, 1994, with regard to Petition 94-9-8-21 submitted by Kamp-DiComo Associates, requesting site plan approval in connection with a proposal to construct an addition to the auto dealership located at 32570 Plymouth Road in the Southwest 1/4 of Section 27, 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 94-9-8-21 is hereby approved and granted, subject to the installation of additional landscaping such as a flower bed and/or shrubs on the eastern portion of the property as recommended, and subject to the following amended conditions 1) That the Site Plan received by the City Council on October 26, 1994, by DiComo Associates is hereby 2) approved and shall be adhered to; That the Landscape Plan received by the City Council on October 26, 1994, by DiComo Associates 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 received by the City Council on October 26, 1994, by DiComo Associates, is hereby approved and shall be adhered to; and 4) That no vans shall be allowed to be parked and exhibited in front of the showroom along Plymouth Road On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #865-94 RESOLVED, that the Council does hereby amend Council Resolution 783-94 so as to have the same read as follows RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 19, 1994, submitted pursuant to Council Resolution 315-94 in connection with a communication from Councilmember Sean P Kavanagh, dated April 13, 1994, with regard to the issue of video machine/slot machine activity at Ladbroke/DRC and a 28591 non-binding referendum to be placed on the November, 1994 ballot, the Council does hereby determine to take no further action; FURTHER, the Council does hereby determine that the subject matter shall remain in the Legislative Committee The 1994 Annual Report from MetroVision of Livonia, Inc was received and placed on file for the information of the Council There was no audience communication at the end of the meeting Councilmember Feenstra noted a correction in the dates of the Livonia Kiwanis Early Risers' project to assist Santa by hooking up a phone switch to the North Pole Originally the dates were indicated as December 13 and 14; the actual dates are December 12, 13 and 14, so staff will be needed for the 12th also Council President Taylor indicated that the "Old Newsboys, " as well as most of the Council, were out collecting for donations, and that they would appreciate anyone's support who might wish to assist in this matter On a motion by Toy, seconded by Ochala, and unanimously adopted, this 1,286th Regular Meeting of the Council of the City of Livonia was adjourned at 8 47 p m , December 7, 1994 PAi Jc.n McCotter, City Clerk