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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-06-08 28287 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-FOURTH 1,10 REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 8, 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 02 p m Councilmember McGee delivered the invocation Roll was called with the following result Michael P McGee, Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, and Gerald Taylor Absent None Elected and appointed officials present Robert D Bennett, Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Cathryn K White, Chief Assistant City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Robert Bishop, City Treasurer; 1100 and Robert Alanskas, Planning Commission Audience Communication On a motion by McGee, seconded by Kavanagh, and unanimously adopted, it was #411-94 RESOLVED, that having considered an application from Al Tuller, 34713 Northland Drive, dated June 6, 1994, requesting permission to close the cul-de-sac on Northland Drive west of Gill Road on Sunday, June 12, 1994, from 1 00 p m to 8 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department On a motion by Feenstra, seconded by Kavanagh, and unanimously* adopted, it was #412-94 RESOLVED, that the minutes of the 1,273rd Regular Meeting of the Council of the City of Livonia, held May 25, 1994, are hereby approved as submitted *Councilmember Toy abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances 28288 A communication from the Department of Finance, dated May 20, 1994, re various financial statements of the City of Livonia for the month ending April 30, 1994, was received and placed on file for the information of the Council At the direction of the Chair, Item #14 was removed from the Consent portion of the Agenda and placed at the end of the Regular portion On a motion by Feenstra, seconded by McGee, it was #413-94 RESOLVED, that having considered an application from Gale Rund, 9241 Woodring, dated May 10, 1994, requesting permission to close Woodring between Vermont and Oregon on Saturday, August 6, 1994, from 2 00 p m to 10 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #414-94 RESOLVED, that having considered an application from Catherine Moran, 36721 Sherwood, dated May 23, 1994, requesting permission to close Sherwood between Comstock and Williams on Saturday, June 18, 1994, from 2 00 p m to 8 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested; the action taken herein being made subject to the approval of the Police Department #415-94 RESOLVED, that having considered a letter from Paul Sabatini, 31630 Plymouth Road, Livonia, Michigan 48150, representing East Side Mario's, dated May 24, 1994, wherein an interest is expressed in the rental of certain vacant City-owned property located adjacent to his property at 31630 Plymouth Road to accommodate overflow traffic from a proposed restaurant at that location, the Council does hereby refer this item to the Department of Law for its report and recommendation #416-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 11, 1994, the Council does hereby approve of the request from Brinker Michigan, Inc for transfer of ownership of a 1994 Class C licensed business with Official Permit for premises to be occupied after hours for the service of food, and Sunday Sales Permit, from Romano's Macaroni Grill, Inc , for a business located at 39300 Seven Mile Road, Livonia, Michigan, Wayne County; 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 Livonia Housing Commission, dated May 2, Ihe 1994, re the Livonia Housing Commission Audit Report for the fiscal year 28289 ending December 31, 1993, was received and placed on file for the information of the Council #417-94 RESOLVED, that having considered the report and recommendation of the City Librarian and the Director of Public Works, dated May 11, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize retaining the firm of Testing Engineers and Consultants, Inc , 1333 Rochester Road, Troy, Michigan, to provide inspection services for roof replacement at the Carl Sandburg Library, in an amount not to exceed $2, 700 00, and retaining the firm of S F Sonk and Associates, Inc , 39201 Schoolcraft Road, Suite B9, Livonia, Michigan 48150, to provide air balancing services in connection with the construction of the improvements to the Carl Sandburg Library, in the amount of $1, 750 00; and the Council does hereby appropriate and authorize the transfer of $4,450 00 from the Library Unexpended Fund Balance Account to the Capital Outlay Building Improvement Account No 271-740-976-000 and the expenditure of such amount for this purpose; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended; and the Director of Public Works 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 contracts Lfor and on behalf of the City of Livonia with the aforesaid companies and to do all other things necessary or incidental to the full performance of this resolution #418-94 RESOLVED, that having considered a communication from the Chairperson of the Livonia Cable Television Commission, dated May 11, 1994, approved by the Director of Community Resources and the Director of Finance, and approved for submission by the Mayor, and wherein it is recommended that the Council approve the public access grant request from the Livonia Economic Development Office for $20, 000 00 per year from the Cable Division budgeted funds for the fiscal years of 1993-94, 1994-95 and 1995-96, the Council does hereby concur in and approve of the requested action for the expenditure of public access grant funds to the Livonia Economic Development Office in the amount of $20, 000 00 per year from the Cable Division budgeted funds for the fiscal years of 1993-94, 1994-95 and 1995-96; and the Mayor and the Livonia Cable Television Commission are hereby requested to do all things necessary or incidental to the full performance of this resolution #419-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 19, 1994, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize a one-year extension to the agreement between the City of Livonia and Allied Communications, 21125 Northwestern Highway, Southfield, Michigan 48075-5000, for maintaining the City of 28290 Livonia telephone system for the period June 1, 1994 through May 31, 1995 at a monthly rate of $1,639 25; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #420-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 19, 1994, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize a one-year extension to the agreement between the City of Livonia and Allied Communications, 21125 Northwestern Highway, Southfield, Michigan 48075-5000 for maintaining the 911 equipment for the period June 1, 1994 through May 31, 1995 at a monthly rate of $240 95; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #421-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 20, 1994, approved by the City Attorney and the Finance Director, and approved for submission by the Mayor, and to which is attached a proposed agreement for shuttle services to Ann Arbor, Ypsilanti and the adult day care facility in Plymouth Township, for senior and handicapped citizens between the City of Livonia acting for the Northwest Wayne/Oakland Transportation Consortium (Farmington, lbw Farmington Hills, Northville, Northville Township, Livonia and the City of Plymouth) and Child & Family Service of Washtenaw, Inc , 118 S Washington, Ypsilanti, Michigan 48197, for the period July 1, 1994 through June 30, 1995, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said agreement in the manner and form herein submitted; FURTHER, the Council does hereby authorize the Mayor and City Clerk to execute an agreement with SMART for support of this program, provided that the agreement is approved as to form by the Law Department; FURTHER, the Council does hereby waive, to the extent applicable, such licensing requirements as may be prescribed in the Livonia Code of Ordinances with respect to the services being provided herein #422-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 20, 1994, approved by the City Attorney and the Finance Director and approved for submission by the Mayor, and to which is attached a proposed agreement for the User Side Subsidy Transportation Program (Dial-a-Ride) for senior and handicapped citizens between the City of Livonia (Northwest Wayne/Oakland Transportation Consortium consisting of Farmington, Farmington Hills, Northville, Northville Township, Livonia and the City of Plymouth) and Northwest Transport Co , 31376 Industrial Road, imo Livonia, Michigan 48150, for the period July 1, 1994 through June 30, 1995, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said 28291 agreement in the manner and form herein submitted; FURTHER, the Council does hereby authorize the Mayor and City Clerk to execute an agreement with SMART for support of this program, provided that the agreement is approved as to form by the Law Department #423-94 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 16, 1994, to which is attached a letter from the Executive Director of the Michigan Municipal League, dated May 10, 1994, and an invoice with respect to the City's Michigan Municipal League dues for the period July 1, 1994 through June 30, 1995, the Council does hereby authorize the payment of same from monies budgeted for this purpose with respect to the annual dues in the amount of $11, 036 00; provided, however, that the Council rejects and denies authorization to make payment with respect to the $800 00 Legal Defense Fund Membership #424-94 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 17, 1994, approved for submission by the Mayor, to which is attached a proposed Administrative Services Contract Renewal Agreement with Blue Cross and Blue Shield of Michigan, for a one-year renewal term for the period June 1, 1994 through May 31, 1995, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of Ibm this resolution; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances as amended #425-94 RESOLVED, that having considered a communication from the City Planning Commission, dated May 23, 1994, which transmits its resolution 5-100-94, adopted on May 17, 1994, with regard to Petition 94-4-3-4, submitted by George Mesler, requesting the vacating of a 30 foot easement located in the north 1/2 of vacated Pembroke Avenue between Melvin Avenue and Oporto Avenue, in the Northeast 1/4 of Section 2, the Council does hereby concur in the recommendation of the Planning Commission and does grant and approve the said Petition 94-4-3-4; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #426-94 RESOLVED, that having considered a communication from the City Planning Commission, dated May 23, 1994, which transmits its resolution 5-93-94, adopted on May 17, 1994, with regard to Petition 94-3-2-8, submitted by Paul Bloom, requesting waiver use approval to construct an addition to an existing veterinary clinic located on the south side of Five Mile Road between Merriman Road and Bainbridge Avenue in the Northwest 1/4 of Section 23, which property is zoned C-2, the Council does hereby 16110 concur in the recommendation made by the City Planning Commission and Petition 94-3-2-8 is hereby approved and granted, subject to the following conditions 28292 1) That the Site Plan marked Sheet P-1 dated 03-28-94, prepared 110 by Lindhout Associates, Architects, which is hereby approved shall be adhered to; 2) That the building elevations shown on the Site Plan which are hereby approved shall be adhered to; 3) That the landscaping shown on the Site Plan which is hereby approved shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition; and 4) That a greenbelt shall be substituted for the required protective wall on the south property line #427-94 RESOLVED, that having considered a communication from Council Vice President Michael P McGee, dated May 23, 1994, with respect to the City's policy concerning approval of septic tanks and the connection to the sewer system, the Council does hereby refer this matter to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for its report and recommendation #428-94 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Valassis Communications, Inc , dated May 19, 1994, covering new industrial facilities to be located within City of Livonia Industrial Development District 33; 110 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, July 11, 1994, at 7 45 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, July 11, 1994, at 7 45 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 28293 #429-94 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of IWO 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, July 18, 1994, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 94-4-1-9, submitted by Jeff Winkler of Winkler Builders, Inc , requesting a change of zoning of property located on the west side of Louise Avenue between Eight Mile Road and Morlock Avenue in the Northeast 1/4 of Section 2, from M-1 to R-2, the City Planning Commission in its resolution 5-91-94 having recommended to the City Council that Petition 94-4-1-9 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 IWo 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 McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor NAYS None On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was #430-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 755-88 in connection with a letter submitted by certain residents of the Heart Subdivision, dated July 11, 1988, requesting the deletion of the Sidewalk Bond requirement for this subdivision, the Council does hereby amend Item No 7 of Council Resolution 111-88, adopted on February 10, 1988, so as to delete the 28294 Sidewalk Bond requirement set forth therein; FURTHER, the Council does hereby, pursuant to Section 16 24 340, waive and modify the improvement requirements set forth in Section 16 24 120 of the Subdivision. Control Ordinance relative to sidewalk construction in the Heart Subdivision for the reason that such improvement would cause undue hardship in this case and would not be necessary or otherwise in the best interest of the City On a motion by Ochala, seconded by Toy, and unanimously adopted, it was #431-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 755-88 in connection with a letter submitted by certain residents of the Heart Subdivision, dated July 11, 1988, requesting the deletion of the Sidewalk Bond requirement for this subdivision set forth in Item No 7 of Council Resolution 111-88, adopted on February 10, 1988, the Council does hereby authorize the release to Vargo and Associates, 35166 Vargo, Livonia, Michigan 48152, the proprietor of Heart Subdivision, located on the west side of Alois, south of Plymouth Road in Section 30, of the financial assurances previously deposited with respect to the sidewalk improvements, in the sum of $10, 900, of which $1, 000 was to be in cash, pursuant to Council Resolution 111-88 and subsequently amended in Council Resolution 972-88; FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was #432-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 1171-89 in connection with the matter of the lack of sidewalks on the east side of Newburgh between Schoolcraft and Five Mile Roads and on the south side of Five Mile Road between Newburgh and Levan Roads, the Council does hereby determine to take no further action On a motion by Ochala, seconded by Toy, and unanimously adopted, it was #433-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 824-90 L in connection with the report and recommendation of the City Engineer, dated August 17, 1990, approved for submission by the Mayor, and submitted pursuant to Council Resolution 597-90, with regard to the need for sidewalks on both sides of Schoolcraft 28295 from Inkster to Eckles in response to which is attached the "Schoolcraft Sidewalk Inventory, " the Council does hereby determine to refer this item to the City Engineer for his report and recommendation On a motion by Ochala, seconded by Kavanagh, it was #434-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 912-91 in connection with a letter from Stephen L Lindsay, 34050 Wadsworth, Livonia, Michigan, dated February 7, 1991, wherein a request is submitted for the installation of sidewalks on Wadsworth and south on Stark Road to Plymouth Road and on Plymouth Road east to the Antique Shop, the Council does hereby determine to take no further action A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Kavanagh, Ochala, Toy, and Taylor NAYS Jurcisin and Feenstra The President declared the resolution adopted On a motion by Ochala, seconded by Toy, it was #435-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 212-92 with regard to the question of the installation of sidewalks on Wadsworth, east of Stark Road in the Southeast 1/4 of Section 28, the Council does hereby determine to take no further action A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Kavanagh, Ochala, Toy, and Taylor NAYS Jurcisin and Feenstra The President declared the resolution adopted On a motion by Kavanagh, seconded by Toy, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 639-93 in connection with the report and recommendation of the City Engineer, dated July 27, 1993, approved for submission by the Mayor, and submitted pursuant to Council Resolution 553-93 with 28296 regard to the question of the notification process prescribed under the single lot assessment ordinance with respect to sidewalk and drive approach construction, the Council does hereby determine as a matter of policy that in the event there are five (5) or more continuous/contiguous property owners who are to be assessed for installation of a new sidewalk and/or drive approach, the Council shall conduct a public hearing prior to final determination A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Ochala, and Toy NAYS McGee, Jurcisin, Feenstra, and Taylor The President declared the resolution denied On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was #436-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 639-93 in connection with the report and recommendation of the City Engineer, dated July 27, 1993, approved for submission by the Mayor, and submitted pursuant to Council Resolution 553-93 with regard to the question of the notification process prescribed under the single lot assessment ordinance with respect to sidewalk and drive approach construction, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for further study and thereafter to submit a report and recommendation On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #437-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 905-93 with respect to a proposal to install sidewalks on Levan Road between Schoolcraft Road and Five Mile Road, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for further consideration of whether sidewalks and/or a traffic signal should be installed in this location and to thereafter submit its report and recommendation 16 On a motion by Ochala, seconded by Kavanagh, it was 28297 #438-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994 and submitted pursuant to Council Resolution 14-94 in connection with the report and recommendation of the City Engineer, dated December 8, 1993, approved for submission by the Mayor, which sets forth certain alternatives for assessing the cost of installing sidewalks along major mile roads such as Inkster Road (Five Mile to Six Mile Road) , the Council does hereby request that before determining whether to install sidewalks on Inkster Road between Five and Six Mile Roads, the City Engineer ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, and Feenstra NAYS Taylor The President declared the resolution adopted On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was #439-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, and submitted pursuant to Council Resolution 353-94 in connection with a communication from the Department of Law, dated April 15, 1994, which submits a proposed amendment to Zoning Ordinance 543, pursuant to Council Resolution 262-94, in connection with Petition 93-8-1-12 for a change of zoning on property located on the south side of Five Mile Road between Bainbridge and Henry Ruff in the Northwest 1/4 of Section 23, from RUFA to R-3A, and which ordinance amendment received its first reading by Councilmember Ochala at the Regular Meeting of April 27, 1994, the Council does hereby determine to deny the said Petition 93-8-1-12 for the reason that the petitioner has requested in a communication dated June 8, 1994, that the petition be withdrawn 28298 On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was #440-94 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 18, 1994, the Council does hereby request that the Inspection Department submit a report and recommendation on the status of existing homes located on the south side of Five Mile Road between Henry Ruff and Spanich Court The bids received on June 7, 1994, re replacing/upgrading the City's present Voter Registration Software/Hardware System, as well as the Optical Scan System for voting and vote tabulation, were received and placed on file for the information of the Council At the direction of the Chair, Item 20 re presentation and discussion of the Accu-Vote Tabulation System by Doubleday Brothers and Company is to remain in Committee of the Whole Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION 14 OF SECTION 010 OF CHAPTER 16 (PARKS AND PLAYGROUNDS) OF TITLE 12 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, 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 030A OF TITLE 5, CHAPTER 30 (ENTERTAINMENTS AND AMUSEMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 28299 A roll call vote was taken on the foregoing Ordinance with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, 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 AMENDING SECTION 010 OF CHAPTER 56 (MALICIOUS MISCHIEF) OF, AND ADDING CHAPTER 85 (PARENTAL RESPONSIBILITY) AND CHAPTER 89 (SPRAY PAINT) TO TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 030 OF TITLE 10, CHAPTER 57 (TRUCK ROUTES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 28300 Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTIONS C, D, E AND F OF SECTION 145 OF TITLE 10, CHAPTER 66 (VEHICLE EQUIPMENT) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, 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 AMENDING SECTION 30 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 93-11-1-18) A roll call vote was taken on the foregoing Ordinance with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #441-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 15, 1994, and the report and recommendation of the Chief of Police, dated May 12, 1994, approved for submission by the Mayor, the Council does hereby approve of the request from Esam Shokrie and Samir 28301 Shoukri, stockholders in Sesco, Inc , for transfer of ownership of SDM/SDD licensed business (Brass Mug) from Domenico and Michael Soave for a business located at 19213 Newburgh, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission McGee indicated that even though his law firm is not directly involved in the next matter, he will abstain from any participation so that there is not a perceived conflict of interest, and also, that if the Council decides to refer the item to a Council committee, he would request that they refer it to a committee that he is not a member of McGee left the podium at 8 50 p m On a motion by Kavanagh, seconded by Ochala, it was RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 25, 1994, approved by the Personnel Director, the Labor Relations Director and the Finance Department, and approved for submission by the Mayor, with respect to specifications for the taking of competitive proposals for the employment of bond counsel and labor attorney, the Council does hereby approve the specifications set forth therein to be utilized in the event that requests for proposals to provide bond counsel and/or labor counsel services are sought in the future A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Ochala, and Toy NAYS Jurcisin, Feenstra, and Taylor The President declared the resolution denied On a motion by Kavanagh, seconded by Ochala, it was #442-94 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 25, 1994, approved by the Personnel Director, the Labor Relations Director and the Finance Department, and approved for submission by the Mayor, with respect to specifications for the taking of competitive proposals for the employment of bond counsel and labor attorney, the Council does hereby refer this matter to the Finance and Insurance Committee for its report and recommendation 28302 A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor NAYS None The President declared the resolution adopted McGee returned to the podium at 8 57 p m On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #443-94 RESOLVED, that the Council does hereby refer the matter of whether references to "Chief" should be removed from job titles to the Council Personnel Selection Committee for its report and recommendation On a motion by Feenstra, seconded by Jurcisin, it was #444-94 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1987 the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs; and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, to obtain its Fiscal Year 1994 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1987, the City of Livonia must submit a statement of Community Development objectives and project use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations; and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities; the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds 28303 NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, Ibm that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 1994 Community Development Block Grant Program is hereby approved with the additional condition that the additional $15, 000 allocated to the Public Services category be divided equally between First Step and Community Commission on Drug Abuse so that each organization receives an additional $7, 500, and shall be submitted to the Department of Housing and Urban Development A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Jurcisin, Feenstra, and Taylor NAYS Kavanagh, Ochala, and Toy The President declared the resolution adopted On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #445-94 RESOLVED, that having considered a communication from the City Planning Commission, dated May 23, 1994, which transmits its resolution 5-96-94, adopted on May 17, 1994, with regard to Petition 94-4-2-12, submitted by Michael Patarino for Schenkelshultz, Inc , requesting waiver use approval to construct a full-service 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 made by the City Planning Commission and Petition 94-4-2-12 is hereby approved and granted, subject to a variance being granted by the Zoning Board of Appeals for a deficient number of parking spaces and to the following additional conditions 1) That the site plan marked Sheet SD-1 dated 3-17-94, prepared by Schenkels Architects, which is hereby approved shall be adhered to; 2) That the Landscape Plan marked Sheet L-1 dated 3-15-94, prepared by Schieber & Associates, Landscape 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; 3) That the Trash Enclosure Plan shown on C-2 dated 3-17-94, prepared by Schenkels Architects, which is hereby approved 16 shall be adhered to; 28304 4) That the Building Elevation Plan marked Sheet A-2 dated L3-17-94, prepared by Schenkels Architects, which is hereby approved shall be adhered to; 5) That the total number of customer seats shall not exceed 334 seats; and 6) That all parking bays will be double striped On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #446-94 RESOLVED, that having considered 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 refer this matter to the Committee of the Whole for its report and recommendation On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #447-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1994, which sets forth its resolution 3-49-94, adopted on March 8, 1994, with regard to Petition 94-1-1-3, submitted by the City Planning Commission on its own motion, for a change of zoning on property located on the east side of Deering, north of Joy Road in the Southeast 1/4 of Section 36, from C-2 to RUF, and the Council having conducted a public hearing with regard to this matter on May 23, 1994, pursuant to Council Resolution 257-94, the Council does hereby approve Petition 94-1-1-3, as modified, for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was L #448-94 RESOLVED, that the Council does, in accordance with Section 23 01 of Zoning Ordinance 543, hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of the 28305 appropriateness of the RUF zoning in the area surrounding Deering and Cardwell, north of Joy Road, in the Southeast 1/4 of Section 36 On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #449-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1994, which sets forth its resolution 3-50-94, adopted on March 8, 1994, with regard to Petition 94-1-1-4, submitted by the City Planning Commission on its own motion, for a change of zoning on property located on the west side of Cardwell, north of Joy Road in the Southeast 1/4 of Section 36, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on May 23, 1994, pursuant to Council Resolution 257-94, the Council does hereby approve Petition 94-1-1-4 for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution ihor On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #450-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1994, which sets forth its resolution 3-51-94, adopted on March 8, 1994, with regard to Petition 94-1-1-5, submitted by the City Planning Commission, pursuant to Council Resolution 959-93, for a change of zoning on property located on the west side of Middlebelt Road between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of Section 11, from C-1 and C-2 to P and from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on May 23, 1994, pursuant to Council Resolution 257-94, the Council does hereby approve Petition 94-1-1-5 in part, so as to approve the change of zoning from C-1 and C-2 to P and to reject the proposed change of zoning from C-1 to C-2 and for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution thoOn a motion by Feenstra, seconded by McGee, and unanimously adopted, it was 28306 #451-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1994, which sets forth its resolution 3-58-94, adopted on March 8, 1994, with regard to Petition 94-2-6-1, submitted by the City Planning Commission on its own motion, to determine whether to amend Section 18 46 of Zoning Ordinance 543 pertaining to division or partitioning of lots, and the Council having conducted a public hearing with regard to this matter on May 23, 1994, pursuant to Council Resolution 257-94, the Council does hereby approve Petition 94-2-6-1 for preparation of the ordinance for submission to Council; and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #452-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1994, which sets forth its resolution 3-59-94, adopted on March 8, 1994, with regard to Petition 94-2-6-2, submitted by the City Planning Commission on its own motion, to determine whether to amend Section 23 05 of Zoning Ordinance 543 relative to the required zoning sign, the Council does hereby approve Petition 94-2-6-2 for preparation of the ordinance for submission to Council; and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #453-94 WHEREAS, the City Council has received an application for the transfer of an industrial facilities exemption certificate to Kelsey-Hayes Company from Borg-Warner Automotive, Inc , covering industrial facilities located within the City of Livonia Industrial Development District No 46; and WHEREAS, the Council did previously in Council Resolution 466-88, adopted on May 18, 1988, approve an industrial facilities exemption certificate for Borg-Warner Automotive, Inc , for a period of 12 years, for a facility located at 12000 Tech Center Drive, Livonia, Michigan 48150; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS FOLLOWS (1) That the City Council, on the basis of the information received from the applicant, Kelsey-Hayes Company, finds and determines 28307 (a) That the approval of the transfer of this industrial Lfacilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit in which the facility is to be located; and (b) The application has fully complied with the requirements of Section 9, Act No 198, PA 1974, as amended (2) Council Resolution 466-88, adopted on May 18, 1988, is hereby amended and revised to the extent necessary to be consistent with the action taken herein On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #454-94 RESOLVED, that having considered a communication from the Director of Finance, dated May 23, 1994, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $250 00 from the Livonia Anniversary Committee, Inc , for use to help defray costs incurred by the City in conjunction with EXPO 1994 Kavanagh left the podium at 9 21 p m in order to avoid a perceived impropriety regarding the next two (2) Agenda items On a motion by Feenstra, seconded by Jurcisin, it was #455-94 RESOLVED, that having considered a communication from the Department of Law, dated May 26, 1994, submitted pursuant to Council Resolution 314-94, transmitting for Council acceptance a Quit Claim Deed dated May 12, 1994, executed by Ka-De Investments, conveying to the City certain property described as follows The South 43 feet of the following described parcel of land The West 165 feet of the East 363 feet of the South 198 feet of the Northeast 1/4 of Section 21, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Lyndon Road Right-of- Way) (Tax Parcel No 081-99-0032-000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed; and the City Clerk is hereby requested to have the same deed and the attached discharge of mortgage recorded in the Office of the Register of 116 Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution 28308 A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Ochala, Toy, Jurcisin, Feenstra, and Taylor NAYS None The President declared the resolution adopted On a motion by McGee, seconded by Toy, it was #456-94 RESOLVED, that having considered a communication from the City Planning Commission, dated May 23, 1994, which transmits its resolution 5-102-94, adopted on May 17, 1994, with regard to a Sign Permit Application submitted by Ka-De Investments, requesting approval to erect one ground sign on property located at 33470 Lyndon Road in Section 21, 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 Apex Sign Group, Inc , received by the Planning Commission on May 4, 1994, is hereby approved and shall be adhered to; 2) That the sign shall not be illuminated beyond one hour after closing; and 3) That the landscaping related to the sign as shown on the Landscape Plan received by the Planning Commission on May 13, 1994 is hereby approved and shall be adhered to A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Ochala, Toy, Jurcisin, Feenstra, and Taylor NAYS None The President declared the resolution adopted Kavanagh returned to the podium at 9 22 p m During the audience communication portion of the meeting, City Clerk McCotter requested donations be made to First Step of any hotel/ travel cosmetic samples that people might have at home and do not use IL0Additionally, the Council President offered congratulations to Roger & Rod's Barber Shop, which celebrated its 30th anniversary last Saturday 28309 On a motion by Ochala, seconded by Kavanagh, and unanimously 10 adopted, this 1, 274th Regular Meeting of the Council of the City of Livonia was adjourned at 9 25 p m , June 8, 1994 4 ? ' 0 I ' .=n McCotter, City Clerk