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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-07-06 28329 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 6, 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 07 p m Councilmember Ochala delivered the invocation Roll was called with the following result Ron Ochala, Laura M Toy, Dale A Jurcisin, Michael P McGee, Sean P Kavanagh, and Gerald Taylor Absent Fernon P Feenstra (representing the City in another capacity) Elected and appointed officials present Gail Karczynski, Director of Administrative Services; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K White, Chief Assistant City Attorney; Joan ILsMcCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; William LaPine, Planning Commission; Robert Alanskas, Planning Commission; and Dorothy Wilshaw, Arts Commission On a motion by McGee, seconded by Toy, and unanimously adopted, it was #483-94 RESOLVED, that the minutes of the 1,275th Regular Meeting of the Council of the City of Livonia, held June 22, 1994, are hereby approved as submitted During the audience communication portion of the meeting, Debbie Sotzen, 18672 Sunset, Livonia, gave an update on the status of the Beverly Park Playground Project Also, Scott Morris, 42053 Sutters Lane, Northville, requested signage for the Cadillac-La Salle Club's Classic Car Show scheduled for July 17, 1994 Mr Morris was informed his request was added as an X-item and would be discussed at the end of the meeting 28330 A communication from the Director of Finance, dated June 21, 1994, re various financial statements of the City of Livonia for the month ending May 31, 1994, was received and placed on file for the information of the Council On a motion by Kavanagh, seconded by McGee, it was #484-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 10, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Wink Chevrolet Co , 10700 Ford Road, Dearborn, Michigan 48126, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) 1994 cab and chassis - tandem axle, for a net price of $44,298 50, based on a total price of $49, 798 50 less trade-in of $5, 500 00, the same having been in fact the lowest bid received and meets all specifications #485-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 10, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Shults Equipment, Inc , P 0 Box 127, Ithaca, Michigan 48847, for supplying the Public Service Division (Equipment Maintenance Section) with a tailgate salt spreader, underbody 10' scraper blade, truck hydraulic system, and front snowplow hitch with snowplow for a total price of $16, 933 00, the same having been in fact the lowest bid received which meets all specifications; and the bid of F L Jursik Company is hereby rejected for the reasons indicated in the aforesaid communication #486-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 10, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of F L Jursik Company, 245 Victor, Highland Park, Michigan 48203, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) 10-12 yard dump body and hoist - tandem axle for a total price of $8,247 00, the same having been in fact the lowest bid received and meets all specifications #487-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 13, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Red Holman Pontiac Co , 35300 Ford Road, Westland, Michigan 48185, for supplying the Public Service Division (Equipment Maintenance Section) with two (2) 1994 cabs and chassis - single axle for a net price of $74, 540 00, based upon the total price of $77, 540 00 less trade-ins of $3,000 00, the same having been in fact the lowest bid received and meets all specifications 28331 #488-94 RESOLVED, that having considered the report and lis recommendation of the Director of Public Works, dated June 13, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Shults Equipment, Inc , P 0 Box 127, Ithaca, Michigan 48847, for supplying the Public Service Division (Equipment Maintenance Section) with two (2) tailgate salt spreaders, two (2) underbody 10' scraper blades, two (2) truck hydraulic systems, and two (2) front snowplow hitches with snowplows for a total price of $32, 934 00, the same having been in fact the lowest bid received which meets all specifications, and the bids of NBC Truck Equipment and F L Jursik Company are hereby rejected for the reasons indicated in the aforesaid communication #489-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 13, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of F L Jursik Company, 245 Victor, Highland Park, Michigan 48203, for supplying the Public Service Division (Equipment Maintenance Section) with two (2) 5-7 yard dump bodies and hoists - single axle for a total price of $12, 966 00, the same having been in fact the lowest bid received which meets all specifications; and the bid of NBC Truck Equipment is hereby rejected for the reasons indicated in the aforesaid communication 160 #490-94 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated June 17, 1994, approved for submission by the Mayor, wherein it is recommended that the Council authorize an amendment to Title 13, Chapter 4, Section 080, paragraph A of the Livonia Code of Ordinances, as amended, to enable a total odd-even sprinkling ban during a state of emergency, the Council does hereby request that the Department of Law prepare an appropriate ordinance amendment to the aforementioned section of the Livonia Code of Ordinances for submission to Council #491-94 RESOLVED, that having considered the report and recommendation of the Mayor, dated June 21, 1994, wherein it is recommended that the salary for the position of Director of Emergency Preparedness be increased to $6,600 00 annually, effective July 1, 1994, the Council does hereby concur in and approve of this action #492-94 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Richard Blomberg, 15612 Hix Court, Livonia, Michigan 48154, is hereby reappointed as a member of the Zoning Board of lia Appeals for a three-year term of office, such term commencing on July 12, 1994, which will expire on July 12, 1997, provided that Mr Blomberg takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk 28332 #493-94 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Susan Muccino, 15854 Blue Skies, Livonia, Michigan 48154, is hereby reappointed as a member of the Zoning Board of Appeals for a three-year term of office, such term commencing on July 12, 1994, which will expire on July 12, 1997, provided that Ms Muccino takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk #494-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 7, 1994, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of 4" storm sewer as part of a proposed addition to Bloom Veterinary Clinic and storm sewer renovation at 31205 Five Mile Road, the Council does hereby determine as follows 1) To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further that the City will accept jurisdiction and maintenance (at no expense to the County) of approximately 15 1 f of 4" storm sewer within the Five Mile Road right-of-way in connection with the development of the aforementioned site located on the south side of Five Mile and east of Merriman Road in the N W 1/4 of Section 23 (See attached letter from Bloom Veterinary Clinic indicating its willingness to reimburse the City for any such maintenance that may become necessary) ; 2) To indemnify and save harmless Wayne County and its employees against all claims, suits and judgments arising out of the operation covered by the permit or the issuance of the permit; and 3) To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction #495-94 RESOLVED, that having considered the report and recommendation of the City Engineer and the Superintendent of Parks and Recreation, dated June 7, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Keway Construction Company, Inc , P 0 Box 545, Fenton, Michigan 48430, for the paving of six foot wide asphalt cart paths on all 18 holes of the Idyl Wyld Golf Course, for the estimated total cost of $104, 050 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 28333 Council does hereby appropriate and authorize the expenditure of a sum not to exceed $104, 050 00 from Account 409 (Golf Course Improvements) for this purpose; and the City Engineer is hereby IL0 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 #496-94 RESOLVED, that having considered a communication from the City Planning Commission dated June 16, 1994, which transmits its resolution 6-108-94, adopted on June 7, 1994, with regard to a Sign Permit Application submitted by Ventura Properties, Inc , requesting approval to erect three wall signs on the building located at 17800 Newburgh Road in Section 8, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1) That the Sign Package by Ventura Properties, Inc , received by the Planning Commission on May 18, 1994 is hereby approved and shall be adhered to; 2) That the signs are not to be illuminated; and 3) That at no time shall a ground sign be erected on this property #497-94 RESOLVED, that having considered a communication from the City Planning Commission dated June 16, 1994, which transmits its resolution 6-109-94, adopted on June 7, 1994, with regard to a Sign Permit Application submitted by Signcrafters, requesting approval to erect one wall sign on property located at 17187 North Laurel Park Drive in Section 7, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1) That the Sign Package by Signcrafters, received by the Planning Commission on May 9, 1994, is hereby approved and shall be adhered to; 2) That at no time shall additional signage be erected on this building; and 3) That in the event Alexsis, Inc vacates this location, the sign is to be removed immediately #498-94 RESOLVED, that having considered a communication from the City Assessor, dated February 14, 1994, approved for submission by the Mayor, with regard to a request from Mr George Mesler, 19831 Melvin Avenue, 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 28334 does hereby approve of the proposed division and combination of Tax Item No 46 005 99 0040 000 into two parcels, the legal descriptions of which shall read as follows PARCEL "A" Part of the Southwest 1/4 of the Northeast 1/4 of Section 2, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the east 1/4 corner of said Section 2, thence S 88°00' 10" W 1662 41 feet along the north line of Supervisor' s Livonia Plat No 8 (recorded in Liber 66 of Plats, Page 59, W C R ) to the west line of Melvin Avenue and the point of beginning; thence S 88°00' 10" W 277 48 feet along said plat line to the east line of Oporto Avenue; thence N 02°00' 55" W 70 00 feet along said right-of-way line; thence N 88°00'10" E 277 46 feet to the east line of Melvin Avenue; thence S 02°02'14" E 70 00 feet to the point of beginning Containing 0 446 acres (19,423 sq ft ) PARCEL "B" Part of the Southwest 1/4 of the Northeast 1/4 of Section 2, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the east 1/4 corner of said Section 2, thence S 88°00' 10" W 1662 41 feet along the north line of Supervisor's Livonia Plat No 8 (recorded in Liber 66 of Plats, Page 59, W C R ) to the west line of Melvin Avenue; thence N 02°02' 14" W 70 00 feet along said right-of-way line to the point of beginning; thence S 88°00' 10" W 277 46 feet to the east line of Oporto Avenue; thence N 02°00' 55" W 95 18 feet along said right-of-way line; thence N 88°00' 34" E 277 42 feet to the east line of Melvin Avenue; thence S 02°02' 14" E 95 15 feet to the point of beginning Containing 0 606 acres (26,400 sq 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 #499-94 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, August 15, 1994, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 94-4-1-11, submitted by Angelo Forest and Zef Ivezaj , for a change of zoning of property located on the south side of Eight Mile Road between Gill Road and Ellen Drive in the Northwest 1/4 of Section 4, from RUFB to OS and 28335 R-3B, the City Planning Commission in its resolution lie 6-112-94 having recommended to the City Council that Petition 94-4-1-11 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 A roll call vote was taken on the foregoing resolutions with the following result AYES Ochala, Toy, Jurcisin, McGee, Kavanagh, and Taylor NAYS None Ochala gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 14 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 94-2-1-7) 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 Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-1-1-3) 28336 A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Toy, Jurcisin, McGee, Kavanagh, and Taylor NAYS None 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 AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-1-1-4) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Toy, Jurcisin, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Ochala took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 11 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 94-1-1-5) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Toy, Jurcisin, McGee, Kavanagh, and Taylor lhowNAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 28337 Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 46 OF ARTICLE XVIII OF ORDINANCE 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 94-2-6-1) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Toy, Jurcisin, McGee, Kavanagh, 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 AN ORDINANCE AMENDING SECTION 23 05 OF ARTICLE XXIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 94-2-6-2) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Toy, Jurcisin, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Communications from the Office of the City Clerk, dated June 14, 1994, re the tax levy rate for 1994 for the Clarenceville School District, and from the Assistant Superintendent/School Business Affairs, Clarenceville School District, dated June 27, 1994, re an increased millage levy, were received and placed on file for the information of the Council 28338 A communication from the Treasurer/Controller of Oakland Schools, ILO dated June 15, 1994, re the tax levy rate for 1994 for Oakland Schools was received and placed on file for the information of the Council On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #500-94 RESOLVED, that having considered the report and recommendation of the Mayor, dated June 21, 1994, wherein it is recommended that the following salary range be established (effective July 1, 1994) for the position of Housing Director with five steps to maximum 1993-94 1994-95 Step 1 $49,254 40 $50,232 00 Step 1 1/2 50,211 20 51,232 00 Step 2 51, 168 00 52,187 20 Step 3 53, 185 60 54,246 40 Step 4 55,286 40 56, 388 80 Step 5 57,470 40 58,614 40 the Council does hereby concur in and approve of this action; ILI FURTHER, the Council does hereby authorize the payment of a special merit award in the amount of $1,000 00 to the Housing Director for the current fiscal year only (1993-94) in recognition of his achievements in obtaining additional grant monies for the City On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #501-94 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Albert Flores, 17138 Oporto, Livonia, Michigan 48152, is hereby appointed to the Zoning Board of Appeals effective July 12, 1994, for a three-year term to expire July 12, 1997, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #502-94 RESOLVED, that having considered a communication from the City Engineer, dated June 13, 1994, which bears the signature of the Finance Director and is approved for submission by the 28339 Mayor, to which is attached a list of sidewalks requiring installation along the north side of Schoolcraft between Newburgh and Hix Roads in Section 30, 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 sidewalks 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 September 5, 1994, after which date the Engineering Department shall arrange for the construction of the said sidewalks as a change order to the 1994 Sidewalk Program contract; FURTHER, the Council does hereby accept the recommendation of the City Engineer to reduce the assessments for Parcels 076020781002 and 076990001003 as indicated in the aforesaid communication; FURTHER, the Council does hereby authorize the City Treasurer to advise those owners where assessments exceed $400 00 that installment payments in the number of three (3) installments at 89.- interest are available in connection with the sidewalk program; and FURTHER, in order to make payments to the contractor, the Council does hereby authorize an advance in the amount of $13, 591 79 from the $12 Million General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, and an amount of $11, 000 00 from the Michigan Transportation Fund (Major Road Account) to pay the City' s portion of this project; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended The Council noted receipt of the Inspection Department' s memorandum dated July 5, 1994 re the condition of the Laurel/Sterling Commons Shopping Center located at 37100-37176 Six Mile Road in Section 8 On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was #503-94 RESOLVED, that having considered a communication from the City Planning Commission, dated April 22, 1994, which transmits its resolution 4-82-94, adopted on April 12, 1994, with regard to Petition 94-3-8-6, submitted by Ross Financial, Inc , requesting site plan approval in connection with a proposal to construct a building addition to the shopping center located at 33523 Eight Mile Road in Section 4, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby reject the recommendation of the Planning Commission and Petition 94-3-8-6 is hereby denied for the following reasons 28340 1) That due to the fact that this property already has an uncompleted structure, any further construction would be detrimental to the surrounding neighborhood and welfare of the City and its residents; 2) That the subject site, being in a Special Area Development Control Zone, would not be aesthetically in the City's best interest; and 3) That the proposed addition projecting forward and onto the common walkway of the shopping center would interfere with and be hazardous to the pedestrian traffic flow of the center Kavanagh left the podium at 8 28 p m in order to avoid a perceived impropriety regarding the next Agenda item On a motion by Ochala, seconded by Jurcisin, it was #504-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 16, 1994, which transmits its resolution 6-103-94, adopted on June 7, 1994, with regard to a revised site plan in connection with Petition 94-1-2-2, submitted by Building Committee, Inc , in connection with a proposal to construct a new credit union facility on the south side of Five Mile Road between Levan and Golfview Drive in the Northeast 1/4 of Section 20, pursuant to the provisions set forth in Section 9 02 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and the revised site plan submitted herein is hereby approved and granted, subject to the following conditions 1) That the Site Plan dated 5-10-94 prepared by Building Committee, Inc which is hereby approved shall be adhered to; 2) That the Building Elevation Plan dated 6-12-94 prepared by Building Committee, Inc which is hereby approved shall be adhered to; and 3) That the Landscape Plan dated 6-2-94, as revised, prepared by Woods-Moynihan, Inc Architects which is hereby approved shall be adhered to and the landscape materials shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition A roll call vote was taken on the foregoing resolution with the following result 28341 AYES Ochala, Toy, Jurcisin, McGee, and Taylor NAYS None The President declared the resolution adopted On a motion by McGee, seconded by Ochala, it was #505-94 RESOLVED, that having considered a communication from the Department of Law, dated July 5, 1994, to which is attached a copy of a proposed Natural Use, Scenic and Open Space Easement to be granted to the City by Livonia Parishes Federal Credit Union in connection with Petition 94-1-2-2, the Council does hereby refer the subject of the form of the easement to the Water Supply, Drainage, Sewage, and Waste Disposal Study Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Toy, Jurcisin, McGee, and Taylor NAYS None 16 The President declared the resolution adopted Kavanagh returned to the podium at 8 30 p m On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was #506-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 16, 1994, which transmits its resolution 6-110-94, adopted on June 7, 1994, with regard to Petition 94-5-8-12, submitted by Bridgewall Construction, requesting site plan approval in connection with a proposal to construct a condominium project on property located at 28050 Seven Mile Road in Section 1, 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 94-5-8-12 is hereby approved and granted, subject to the following conditions 1) That the Site Plan, defined as Sheet C2, dated 6/7/94, as revised, by JCK & Associates, Inc is hereby approved and shall be adhered to; lis 2) That the Elevation Plans, defined as Sheets A-2, A-3, A-4 and A-5, dated 5/5/94, by Bridgewall Construction, are hereby approved and shall be adhered to; and 28342 3) That the Landscape Plan, defined as Sheet Ll, dated 6/7/94, as revised, by JCK & Associates, Inc , is hereby approved and shall be adhered to On a motion by Ochala, seconded by Jurcisin, it was #507-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 16, 1994, which transmits its resolution 6-104-94, adopted on June 7, 1994, with regard to Petition 94-4-2-10, submitted by Danilo Josifoski, requesting waiver use approval to remodel an existing building in connection with a proposal to operate a full service restaurant and banquet hall on property located on the south side of Six Mile Road between Oporto Street and Ryan Road in the Northeast 1/4 of Section 14, which property is zoned C-2 and P, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 94-4-2-10 is hereby approved and granted, subject to the following conditions 1) That the Site Plan marked Sheet 1 dated 5-16-94, as revised, prepared by Joseph Philips, Architect, which is hereby approved shall be adhered to; 2) That the Building Elevation Plan marked Sheet 3 dated 4-11-94, prepared by Joseph Philips, Architect, which is ito hereby approved shall be adhered to, and such approval shall include the exterior building color scheme as illustrated on a color board dated 5-23-94; 3) That the Landscaping which includes the substitution of a greenbelt in lieu of a protective wall along the east and south property lines as shown on the approved Site Plan shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition; 4) That the total number of customer seats in the restaurant shall not exceed 197; 5) That the parking lot lights shall be as depicted on the Area Lighting brochure and marked 17R as submitted by the petitioner and shall be mounted on poles no higher than 20 feet; and 6) That any signs proposed to be erected shall first be submitted to the Planning Commission for its approval A roll call vote was taken on the foregoing resolution with the following result LAYES Ochala, Toy, Jurcisin, McGee, and Kavanagh NAYS Taylor The President declared the resolution adopted 28343 On a motion by Toy, seconded by Jurcisin, and unanimously io adopted, it was #508-94 RESOLVED, that having considered a communication from the Mayor, dated June 13, 1994, the Council does hereby approve of and concur in the reappointment of Jack Engebretson, 18871 Comstock, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which term will expire June 9, 1997, provided that Mr Engebretson takes the oath of office as required in Chapter X, Section 2 of the City Charter to be administered by the City Clerk On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #509-94 RESOLVED, that having considered a communication from the Mayor, dated June 13, 1994, the Council does hereby approve of and concur in the appointment of Patricia Blomberg, 15612 Hix Court, Livonia, Michigan 48154, to the City Planning Commission for a term of three years, which will expire on June 9, 1997, provided that Ms Blomberg takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk 110 On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #510-94 RESOLVED, that having considered a communication from the Mayor, dated June 23, 1994, the Council does hereby approve of and concur in the appointment of Daniel Piercecchi, 16146 Alpine, Livonia, Michigan 48154, to the City Planning Commission for a term of three years, which will expire on June 9, 1997, provided that Mr Piercecchi takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #511-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated June 16, 1994, 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 $335 00 from the sources indicated in the aforementioned communication; FURTHER, the Council does hereby appropriate and credit the sum of $335 00 to Account 702-000-285-215 for activities in the Livonia Youth Assistance Program 28344 On a motion by McGee, seconded by Ochala, and unanimously iw adopted, it was #512-94 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #513-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 29, 1994, and submitted pursuant to Council Resolution 446-94 in connection with a communication from the City Planning Commission, dated May 24, 1994, which transmits its resolution 5-98-94, adopted on May 17, 1994, with regard to Petition 94-4-2-13, submitted by General Mills Restaurants, Inc d/b/a China Coast, requesting waiver use approval to utilize a Class C license in connection with a proposed restaurant on property located on the southeast corner of Schoolcraft and Middlebelt Roads in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 94-4-2-13 is hereby approved and granted; FURTHER, the Council does hereby waive the 1, 000 foot separation requirement as set forth in Section 11 03 (h) of Zoning Ordinance 543 On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #514-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 29, 1994, with regard to a proposed purchase agreement between the City of Livonia and Bobby's Country House, Inc , co-licensees and sellers and General Mills Restaurants, buyer, with respect to a proposed sale and transfer of certain 1994-95 Class C and SDM Michigan Liquor Control Commission licenses and permits now located at 35780 Five Mile Road, Livonia, Michigan 48152, for the total sum of $20,001 00, and having also considered the report and recommendation of the Department of Law, dated July 1, 1994, with respect to this item, and a purchase agreement submitted on June 30, 1994, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed purchase agreement between the City of Livonia and Bobby's Country House, co-licensees, and General Mills Restaurants, Inc , as well as to do all other things necessary or 160 incidental to the full performance of this resolution; FURTHER, the Council does hereby refer the subject of the proceeds of the sale of this liquor license to the Finance and Insurance Committee for its report and recommendation 28345 LOn a motion by Ochala, seconded by McGee, and unanimously adopted, it was #515-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 29, 1994, and submitted pursuant to Council Resolution 99-94, with respect to the condition of the unimproved parking lot located at the rear of 27885 Plymouth Road, the Council does hereby direct that the owners of the property and the tenant (Crestwood Lounge) be notified to submit a written plan and resurfacing the parking lot and the correction of any other violations, and such written plan shall provide for initiation of such action by August 1, 1994; FURTHER, if such written plan is not submitted, that this matter be referred to the Inspection Department for its report and recommendation and to the Roads Beautification Committee for its report and recommendation On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #516-94 RESOLVED, that having considered a letter from the Cadillac-LaSalle Club - Lake St Clair Region, dated July 6, 1994, wherein permission is requested to place signs advertising ihe a classic car show and swap meet to be conducted on July 17, 1994 at Greenmead at each of the following three locations 1) Across the frontage of Greenmead along Eight Mile Road; 2) At the Newburgh Road entrance to Greenmead (attached to the 4" x 4" posts) ; and 3) At the corner of Eight Mile and Newburgh Roads; the Council does hereby approve and grant this request in the manner and form herein submitted No one from the audience wished to speak during the audience communication portion of the meeting Council President Taylor congratulated Councilmember Jurcisin on his 45th birthday, which was on July 2, 1994 On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, this 1,276th Regular Meeting of the Council of the City of Livonia was adjourned at 8 40 p m , July 6, 1994 IROy .an McCotter, City Clerk