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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-07-20 28348 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 20, 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 01 p m Councilmember Toy delivered the invocation Roll was called with the following result Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Sean P Kavanagh*, Ron Ochala, and Gerald Taylor Absent Michael P McGee (representing the City in another capacity) (*arrived late) Elected and appointed officials present Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; John Fegan, Director of Inspection; Michael Slater, Finance Director; Daniel Piercecchi, Planning Commission; and Jerry Vorva, State Representative (R-20th District) On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #517-94 RESOLVED, that the minutes of the 1,276th Regular Meeting of the Council of the City of Livonia, held July 6, 1994, are hereby approved as submitted On a motion unanimously introduced, seconded and adopted, it was #518-94 WHEREAS, laughter and smiles are plentiful whenever a clown is entertaining a single child or a group of people; and WHEREAS, CLOWNS AROUND REDFORD has approximately 105 members who are dedicated to making life happier and more enjoyable for others; and WHEREAS, CLOWNS AROUND REDFORD participate in such activities as the Detroit Thanksgiving Parade, the Livonia Christmas Parade, and the annual Clown Day at the Livonia Civic Center Library and has entertained at nursing homes, homeless shelters, community festivals and other locations; and 28349 WHEREAS, this club has helped with numerous fundraising activities for groups such as the Make-A-Wish Foundation, Lion's Club, ELKS Clubs, Muscular Dystrophy Association, SIDS Red Nose Day, Juvenile Diabetes Association, and Channel 56's annual pledge drive; and WHEREAS, during the first week of August, CLOWNS AROUND REDFORD will be clowning all week to celebrate NATIONAL CLOWN WEEK and to raise the awareness of clowning as an art in Southeastern Michigan NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council joins Mayor Robert D Bennett in designating the week of August 1-7, 1994, as CLOWN WEEK IN THE CITY OF LIVONIA and all citizens are urged to participate in any events which may be planned for this week During the audience communication portion of the meeting, various residents addressed their opposition/concerns regarding the illegally- operated Boysville facility (on Farmington Road - formerly Ardmore Acres) being located in their neighborhood They are as follows ILO Linda Scheel, 19980 Mayfield; State Representative Jerry Vorva (R-20th District) ; Michael Driscoll, 19229 Shadyside; Patricia Holmes, 11005 Merriman; Kim Naccashian, 32750 Norfolk; Cathy Andrek, 19949 Mayfield; Rene Arnal, 19476 Shadyside; and Dorothy Banas, 33683 Norfolk At the direction of the Chair, Items 17 and 18 were removed from the Consent portion of the Agenda On a motion by Toy, seconded by Ochala, it was #519-94 RESOLVED, that having considered an application from Carl V Creighton, 36985 Margareta, dated June, 1994, requesting permission to close that portion of Margareta Street between Clarita and Dardanella, on August 20, 1994, from 4 00 p m to Midnight 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 Lor #520-94 RESOLVED, that having considered an application from John A Parks, III, 14070 Cranston, dated June 28, 1994, requesting permission to close that portion of Cranston between Perth and Scone on August 27, 1994, from 12 00 p m to 12 00 a m for the purpose of conducting a block party, the Council does 28350 hereby ILgrant permission as requested, including therein permission to conduct the said affair on August 28, 1994, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #521-94 RESOLVED, that having considered an application from Nancy A Baumgarten, 14272 Ramblewood, dated June 30, 1994, requesting permission to close that portion of Ramblewood between Scone and Perth on August 13, 1994, from 2 00 p m to 11 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on August 14, 1994, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #522-94 RESOLVED, that having considered an application from Kim Kletzka, 34647 St Martins, dated July 5, 1994, requesting permission to close that portion of St Martins Street between Northland and Gary Lane on August 6, 1994, from 3 00 p m to 11 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on August 13, 1994, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department ILO #523-94 RESOLVED, that having considered an application from Nancy L Kostin, 14127 Edgewood, dated July 5, 1994, requesting permission to close that portion of Edgewood between Scone and Perth on September 17, 1994, from 11 00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on September 18, 1994, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #524-94 RESOLVED, that having considered a letter from the Co-Chairmen of the Frost Middle School PTSA Annual Craft Fair, dated June 20, 1994, wherein a request is submitted for permission to display two signs announcing the fair, which signs are approximately 62" x 31" in size, and which are to be located at the corners of Farmington/Lyndon and Schoolcraft/Stark, and which signs would be displayed from October 16, 1994 through November 6, 1994, the Council does hereby grant and approve this request in the manner and form herein submitted #525-94 RESOLVED, that having considered a letter from Frank and Terry Czekaj , dated July 5, 1994, requesting the vacating of a certain portion of an easement located adjacent to 18726 Gary Lane, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance 28351 ILD #526-94 RESOLVED, that having considered a report and recommendation from the Housing Director, dated June 17, 1994, approved for submission by the Mayor, and which indicates that the Housing Commission has recommended adjustments in the admission and continued occupancy income limits for Silver Village, Newburgh Village and City-owned homes as follows Section I - Eligibility for Admission and Section IV - Eligibility for Continued Occupancy (Annual Re-Examination) Present Revised Admission Limits Admission Limits $26, 150 Single $26, 300 Single $29, 900 Couple $30, 100 Couple Present Revised Continued Occupancy Continued Occupancy $28,450 Single $28,600 Single $32,500 Couple $32, 700 Couple the Council does hereby concur in and approve of the recommended action #527-94 RESOLVED, that having considered the report and recommendation of the Housing Director, dated June 17, 1994, approved for submission by the Mayor, wherein the Housing Commission has recommended the following rental increases to become effective December 1, 1994, with respect to the City-owned scattered site properties listed Current Proposed 2 Bedroom $190 $200 29149 Morlock 20121 Floral 27545 Long 11683 Cardwell 3 Bedroom $280 $290 11910 Cardwell 12411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile 4 Bedroom $365 $370 20120 Deering The above rents exclude utilities the Council does hereby concur in and approve of the recommended action 28352 #528-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 23, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Lawnmower, Inc , 34955 Plymouth Road, Livonia, Michigan 48150, for supplying the Public Service Division (Equipment Maintenance Section) with three (3) lowbed beavertail trailers for a net price of $16, 000 00, based on a total price of $16,500 00 less trade-in of $500 00, the same having been in fact the lowest and only bid received and meets specifications #529-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 23, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Lawnmower, Inc , 34955 Plymouth Road, Livonia, Michigan 48150, for supplying the Public Service Division (Equipment Maintenance Section) with three (3) 60" self- propelled riding rotary mowers for a net price of $16,800 00, based on a total price of $17,400 00 less trade-ins of $600 00, the same having been in fact the lowest bid received which meets all specifications; and the bid of Mark' s Small Engine is hereby rejected for the reasons indicated in the attachment #530-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 22, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Lawnmower, Inc , 34955 Plymouth Road, Livonia, Michigan 48150, for supplying the Public Service Division (Equipment Maintenance, Whispering Willows Golf Course, and Fox Creek Golf Course Sections) with three (3) turf vehicles (18 HP) for a net price of $18, 000 00, based on a total price of $18,600 00 less trade-ins of $600 00, the same having been in fact the lowest bid received which meets all specifications; and the bid of W F Miller Co is hereby rejected for the reasons indicated in the attachment #531-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 23, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc , 487 W Division Street, Sparta, Michigan 49345, for supplying the Public Service Division (Whispering Willows, Idyl Wyld, and Fox Creek Golf Course Sections) with three (3) 3-reel riding greensmowers for a net price of $35, 329 00, based on a total price of $36, 129 00 less trade-ins of $800 00, the same having been in fact the lowest bid received which meets all specifications; and the bids Lis of Lawn Equipment Service & Sales, Inc and W F Miller Co are hereby rejected for the reasons indicated in the attachment 28353 A communication from the Inspection Department, dated July 5, 1994, re a report on the condition of existing homes on the south side of Five Mile Road between Henry Ruff and Spanich Court was received and placed on file for the information of the Council (CR 440-94) #532-94 RESOLVED, that having considered a communication from the Mayor, dated June 13, 1994, wherein it is indicated that Mr Angelo A Plakas, 36702 Whitcomb, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation for the City of Livonia for a six-year term expiring June 7, 1999, the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid person takes the oath of office as required in Chapter X of Section 2 of the City Charter, to be administered by the Office of the City Clerk #533-94 RESOLVED, that having considered a communication from the Mayor, dated June 13, 1994, wherein it is indicated that Mr Richard Gallagher, 29991 Munger, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation for the City of Livonia for a six-year term expiring June 7, 2000, the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid person takes the oath of office as required in Chapter X of Section 2 of the City Charter, to be administered by the Office of the City Clerk #534-94 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, September 12, 1994, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 94-1-1-2, as amended, submitted by Leo Soave for a change of zoning of property located west of Newburgh Road between Plymouth Road and Grantland Avenue in the Southeast 1/4 of Section 30, from RUF to R-1, the City Planning Commission in its resolution 4-72-94 having recommended to the City Council that Petition 94-1-1-2, as amended, be approved; (2) Petition 94-4-6-3, submitted by the City Planning Commission to determine whether to amend Zoning Ordinance #543 to delete churches as permitted uses in C-2 districts, the City Planning Commission in its resolution 6-118-94 having recommended to the City Council that Petition 94-4-6-3 be approved; 28354 (3) Petition 94-4-6-4, submitted by the City Planning Commission to determine whether to amend Section 18 38 of Zoning Ordinance #543 to establish parking requirements for transmission repair shops and other types of auto repair facilities, the City Planning Commission in its resolution 6-119-94 having recommended to the City Council that Petition 94-4-6-4 be approved; and (4) Petition 94-4-6-5, submitted by the City Planning Commission to determine whether to amend Section 4 02 of Zoning Ordinance #543 with regard to the placement of pole-mounted basketball backboards and hoops in R-1 through R-5 districts, the City Planning Commission in its resolution 6-120-94 having recommended to the City Council that Petition 94-4-6-5 be denied; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result AYES Toy, Jurcisin, Feenstra, Ochala, and Taylor NAYS None On a motion by Feenstra, seconded by Jurcisin, it was #535-94 RESOLVED, that with respect to the action taken in Council Resolution 153-93 in connection with a letter from the Stevenson High School Safety Committee, dated February 13, 1993, which submits a proposal to increase the street lighting along Six Mile Road from Whitby west to Fairlane, wherein the Council did refer this item to the Streets, Roads & Plats Committee and the Council/Schools Liaison Committee for their respective reports and recommendations, the Council does hereby determine to discharge this item from the said committees for the purpose of Imo taking further action at this time A roll call vote was taken on the foregoing resolution with the following result 28355 L AYES Toy, Jurcisin, Feenstra, Ochala, and Taylor NAYS None The President declared the resolution adopted On a motion by Feenstra, seconded by Toy, it was #536-94 RESOLVED, that having considered the report and recommendation of the Mayor, dated July 5, 1994, with respect to the funding for the installation of thirty-two (32) 250-watt high pressure sodium street lights on Six Mile Road between Farmington and Wayne Roads, wherein the recommended payment is as follows Cost of 32 250-watt high pressure sodium street lights ($32 50 each/month) Annual Exp to Major Road Acct - 64 49% $ 8, 048 35 Annual Exp to General Fund - 35 51% 4,431.65 Total annual charges $12,480 00 Estimated Contribution in aid (Construction Exp ) - Major Road Acct 15, 837.00 Total first year expenditures $28, 317 00 the Council does hereby concur in and approve of the recommended action A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Feenstra, Ochala, and Taylor NAYS None The President declared the resolution adopted On a motion by Feenstra, seconded by Jurcisin, it was #537-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 30, 1994, which transmits its resolution 6-117-94, adopted on June 21, 1994, with regard to Petition 94-4-3-5, submitted by Augusto E Tartaglia, requesting to vacate a portion of Haldane Avenue located east of Fitzgerald Avenue, north of Seven Mile Road, in the Southwest 1/4 of Section 5, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 94-4-3-5 subject to the retention of a full width easement for public utilities; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution 28356 lir A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Feenstra, Ochala, and Taylor NAYS None The President declared the resolution adopted On a motion by Feenstra, seconded by Jurcisin, it was #538-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 29, 1994, with regard to Petition 93-12-2-30, submitted by F & M Distributors, requesting waiver use approval for an SDM license for an existing store located on the west side of Middlebelt Road between Schoolcraft and Industrial Roads in the Northeast 1/4 of Section 26, which property is zoned C-2, the Council does hereby refer this item to the next Regular Meeting to be conducted on August 17, 1994 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Feenstra, Ochala, and Taylor NAYS None The President declared the resolution adopted Kavanagh entered the meeting at 8 37 p m On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #539-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 29, 1994, and submitted pursuant to Council Resolution 203-94, with regard to the question of letters which bear the seal of the City of Livonia, the signature of an elective office holder purporting to be in support of another candidate for elective office, the Council does hereby direct that this item be combined with Council Resolution 538-93 (Code of Ethics) , which is presently in the Committee of the Whole On a motion by Toy, seconded by Kavanagh, and unanimously lioadopted, it was 28357 IL' #540-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 29, 1994, with regard to the possible purchase of the Optical Scan System for voting and vote tabulation and the Voter Registration Software/Hardware System upgrade, the Council does hereby direct that this item remain in the Committee of the Whole On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #541-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage & Waste Disposal Study Committee, dated July 11, 1994, submitted pursuant to Council Resolution 505-94, in connection with 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 accept the form of the easement as recommended by the Department of Law Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) , AND SUBSECTIONS D AND E OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Ochala took from the table, for second reading and adoption, 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) A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Jurcisin, Feenstra, Kavanagh, Ochala, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication _ - 28358 ILE On a motion by Jurcisin, seconded by Kavanagh, it was #542-94 RESOLVED, that having considered a letter from Regan Quaal, President, Albie' s Foods, Inc , 34163 Schoolcraft, Livonia, Michigan 48150, dated June 29, 1994, wherein it is indicated that Albie' s Foods, Inc intends to transfer facilities from Livonia to the City of Gaylord, Michigan, and which further indicates that Albie's Foods, Inc desires to obtain a 1974 P A 198 exemption for the Gaylord facility, the Council does hereby refer this item to the next Regular Meeting to be conducted on August 17, 1994 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Kavanagh, and Taylor NAYS Feenstra and Ochala The President declared the resolution adopted On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #543-94 RESOLVED, that having considered a letter from Charles G Tangora of the law firm Brashear, Tangora and Spence, representing Golden Lantern, Inc , dated June 23, 1994, as well as a communication from the Mayor, dated June 24, 1994, with respect to an additional five-year extension to the lease between the City of Livonia and Dimitrios Gotsis and Sylvia Gotsis, his wife, d/b/a Golden Lantern Restaurant, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute Amendment #5 which would provide that the tenant would have the option to extend the present lease for an additional five (5) year period, the said amendment to be prepared by the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was #544-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 5, 1994, approved for submission by the Mayor, wherein it is recommended that Council authorize the temporary use of the area shown in the attached sketch for a seventy-five (75) day period beginning July 18, 1994, by Tony Angelo Cement Construction Company as a temporary concrete batch plant subject to the following conditions 28359 Lie 1 Provide a Certificate of Insurance on all contractor operations; 2 Hold harmless the City and its agents for wrongdoings occurring on the site that are the direct result of the contractor' s occupancy; 3 Grade and restore the site to its original condition or better directly upon the completion of activities; 4 Secure the site as directed by the DPW; 5 Keep the premises dust free in accordance with the permit issued by the Wayne County Health Department Air Pollution Control Division; 6 Abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of water courses; 7 Abide by all local ordinances; 8 Provide an end loader and operator to load compost or other material into City trucks up to a total of 33 hours; 9 Provide suitable fill material from the Inkster Road project to fill approximately 5, 000 cubic yards of low area immediately east of the Waste Management office facility; the actual quantity shall be determined by City DPW personnel in the field; material dumped shall be graded to accommodate drainage; and 10 Pay a rate of $525/month and prorate weekly for any occupancy beyond the 75 days; the Council does hereby concur in and approve of such action On a motion by Feenstra, seconded by Kavanagh, it was #545-94 RESOLVED, that before determining to assess the cost of installing sidewalks on Inkster Road between Five and Six Mile Roads in the City of Livonia, Wayne County, Michigan, the Council does hereby set the date and time of (to be determined) as the date and time for a public hearing to be conducted on the question of whether to proceed with the approval of such improvement, which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, in accordance with the provisions of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give proper notice and publication of such notice as is required by the Special Assessment Procedure Ordinance, Chapter 3 08, Title 1, of the Livonia Code of Ordinances 28360 A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Feenstra, Kavanagh, and Ochala NAYS Toy and Taylor The President declared the resolution adopted On a motion by Jurcisin, seconded by Feenstra, it was #546-94 RESOLVED, that having considered a communication from the Mayor, dated July 1, 1994, with respect to reconsideration of membership in the Eight Mile Boulevard Association, the Council does hereby concur in the recommendation contained therein and approves the request for the City of Livonia to join the Eight Mile Boulevard Association and become a dues-paying member effective July 1, 1994; FURTHER, the Council does hereby authorize and appropriate the sum of $7, 000 00 from the Unexpended Fund Balance for the payment of membership dues for the fiscal year July 1, 1994 through June 30, 1995 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Feenstra, Ochala, and Taylor NAYS Kavanagh The President declared the resolution adopted On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was #547-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 30, 1994, which transmits its resolution 6-123-94, adopted on June 21, 1994, with regard to a Sign Permit Application submitted by Beacon Sign Company requesting approval to erect one wall sign for a building located at 28007 Eight Mile Road in Section 1, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following condition 1 That the Sign Package by Beacon Sign Company, received by the Planning Commission on June 1, 1994, is hereby approved and shall be adhered to; as well as subject to the following additional conditions required by the Zoning Board of Appeals 28361 Lis 1 The sign is to be identical to the existing sign on the north elevation, including colors, and shall not exceed 72 sq ft in area; the sign is to be erected on the east wall as proposed; and 2 This sign is for this petitioner and this business only; in the event Arbor Drugs should vacate this location, the signage is to be removed immediately On a motion by Toy, seconded by Kavanagh, it was #548-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 30, 1994, which transmits its resolution 6-113-94, adopted on June 21, 1994, with regard to Petition 94-3-3-3, submitted by Angelo Forest and Zef Ivezaj , requesting the vacating of a portion of Laurel Avenue south of Eight Mile Road between Ellen Drive and Gill Road in the Northwest 1/4 of Section 4, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 94-3-3-3, subject to the retention of an easement over the west 18 feet of the subject area; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Kavanagh, and Ochala NAYS Feenstra and Taylor The President declared the resolution adopted On a motion by Jurcisin, seconded by Toy, it was #549-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 30, 1994, which transmits its resolution 6-114-94, adopted on June 21, 1994, with regard to Petition 94-5-2-14, submitted by Jerald Gottlieb requesting waiver use approval to construct single family cluster homes to be located on the north side of Six Mile Road between Middlebelt Road and Louise Avenue in the Southeast 1/4 of Section 11, which property is zoned R-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 94-5-2-14 is hereby approved and granted, subject to the following conditions 1 That the Site Plan dated 6-16-94, as revised, which is hereby approved shall be adhered to; 2 That the Building Elevation Plan dated June 29, 1994, prepared by J Gottlieb Builder, Inc which is hereby approved shall be adhered to; 28362 16 3 That the landscaping 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 south 75 feet of the site as well as the greenbelt area along the east property line shall be established as common area and kept in common ownership by means of a condominium association or other such method so as to insure its continuous maintenance; and 5 That in total of all four elevations there shall be at least a 50k coverage by full face brick material A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Ochala, and Taylor NAYS Feenstra and Kavanagh The President declared the resolution adopted On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #550-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 30, 1994, which transmits its resolution 6-115-94, adopted on June 21, 1994, with regard to Petition 94-5-2-15, submitted by Faig Sarhan requesting waiver use approval to utilize SDD and SDM licenses in connection with a proposed party store to be located in an existing building on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 94-5-2-15 is hereby approved and granted On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #551-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 30, 1994, which transmits its resolution 6-116-94, adopted on June 21, 1994, with regard to Petition 94-6-2-17, submitted by Don Summers requesting waiver use approval to construct single family cluster homes on property located on the south side of Norfolk Avenue between Farmington and Shadyside Roads in the Northwest 1/4 of Section 3, which property is zoned R-3, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 94-6-2-17 is hereby approved and granted, subject to the following conditions 28363 Li That the Site Plan dated 6-11-94, as revised, which is hereby approved shall be adhered to; 2 That the Landscape Plan dated 6-12-94 is hereby approved and 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 Building Elevation Plans dated June 21, 1994, prepared by Progressive Associates, Inc which are hereby approved shall be adhered to; 4 That all existing trees located outside of the construction areas having a caliper of at least 3 inches shall be clearly designated for non-removal and shall be protected during the construction process by the use of snow fencing or other such means; and 5 That there shall be brick up to gable height on all four elevations of each unit On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was lis #552-94 RESOLVED, that having considered a communication from the City Planning Commission, dated June 30, 1994, which transmits its resolution 6-122-94, adopted on June 21, 1994, with regard to Petition 94-4-8-11, submitted by Art Van Furniture, requesting site plan approval in connection with a proposal to construct a warehouse addition to the commercial building located at 29905 Seven Mile Road in Section 11, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 94-4-8-11 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, defined as Sheet SPA-1 dated 4/15/94 by Art Van Furniture, is hereby approved and shall be adhered to; 2 That the Elevation Plan, defined as Sheet SPA-3 dated 4-15-94 by Art Van Furniture, is hereby approved and shall be adhered to; and 3 That a sidewalk be placed along Melvin Avenue consistent with the adjacent sidewalk currently being constructed in connection with a condominium project Ime On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was 28364 #553-94 RESOLVED, that having considered a communication from John B Carlin, Jr of the law firm Plunkett & Cooney, dated July 12, 1994, representing Outback Detroit Joint Venture, wherein it is requested that the Council reconsider its previous action relative to Petition 91-12-2-35, the Council does hereby determine to rescind and repeal Council Resolution 679-92 On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was #554-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 16, 1992 and submitted pursuant to Council Resolution 187-92 in connection with a communication from the City Planning Commission, dated February 7, 1992, which transmits its resolution 2-211-92, adopted on February 4, 1992, with regard to Petition 91-12-2-35, submitted by Mark Wibel requesting waiver use approval to operate a full service restaurant in an existing shopping center located on the south side of Five Mile Road between Middlebelt and Beatrice in the Northeast 1/4 of Section 23, which property is zoned C-2, the Council does hereby concur in the recommendation previously made by the Planning Commission and Petition 91-12-2-35 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats located in the proposed restaurant Shall be limited to no more than 211 including those located in the bar; 2 That the Building Elevation and Dumpster Enclosure Plan, dated 2-7-92, prepared for the Outback Restaurant which is hereby approved shall be adhered to; 3 That the sign as shown on the north building elevation and on a sign detail plan prepared by American Sign & Awning, dated 6-14-90, is hereby approved, and the sign shown on the east building elevation and on a sign detail plan prepared by American Sign & Awning, dated 6-14-90, is also hereby approved subject to a variance being granted by the Zoning Board of Appeals for a second sign; 4 That the dumpster will be constructed of the same material and color as the adjacent building; 5 That all mechanical equipment shall be screened by the parapet wall of the building; and 6 That there shall be no neon signs in the windows or Imodecorative neon tubing on the building On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was 28365 #555-94 RESOLVED, that having considered a communication from the City Assessor, dated June 22, 1994, approved for submission by the Mayor, with regard to a request from Gerald L Doll, 18881 Brentwood, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-046-99-0098-000 into two parcels, the legal descriptions of which shall read as follows Parcel 1 A parcel of land located in the City of Livonia, Wayne County, Michigan, described as The northerly 1/2 of the following described parcel The S E 1/4 of the S W 1/4 of S E 1/4 of the N E 1/4 of the N W 1/4 of Section 12; and the east 12 feet of the S W 1/4 of the S W 1/4 of the S E 1/4 of the N E 1/4 of N W 1/4 of Section 12, Town 1 South, Range 9 East, excepting the easterly 30 feet thereof heretofore deeded to the Board of Road Commissioners of Wayne County, Michigan Containing 0 2811 acres of land and subject to all restrictions and easements of record if any Parcel 2 A parcel of land located in the City of Livonia, Wayne County, Michigan, described as The southerly 1/2 of the following described parcel The S E 1/4 of the S W 1/4 of S E 1/4 of the N E 1/4 of the N W 1/4 of Section 12; and the east 12 feet of the S W 1/4 of the S W 1/4 of the S E 1/4 of the N E 1/4 of N W 1/4 of Section 12, Town 1 South, Range 9 East, excepting the easterly 30 feet thereof heretofore deeded to the Board of Road Commissioners of Wayne County, Michigan Containing 0 2811 acres of land and subject to all restrictions and easements of record if any as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals On a motion by Jurcisin, seconded by Feenstra, it was #556-94 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 Iwo Development District No 33; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local 28366 governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Valassis Communications, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 45 p m , Monday, July 11, 1994, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Valassis Communications, Inc , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P A 1974 (or 16 Act 255 of P A 1978) , as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Valassis Communications, Inc covering new industrial facilities to be located within the City of Livonia Industrial Development District No 33, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P A 1974, as amended, wherein a letter of agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon the approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such letter of agreement as duly executed by the applicant and incorporate such letter of agreement as part of the documentation required to process applications for Industrial Facility Exemption Certificates A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Feenstra, Kavanagh, and Taylor NAYS Toy and Ochala The President declared the resolution adopted 28367 it was by Jurcisin, seconded by Feenstra, and unanimously adopted, #557-94 RESOLVED, that having considered an application from Catherine Kemppainen, 8961 Fredrick, dated July 11, 1994, requesting permission to close that portion of Fredrick between Alabama and Arizona on August 13, 1994, from 3 00 p m to 11 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on August 14, 1994, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was #558-94 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 Feenstra, seconded by Toy, and unanimously adopted, it was #559-94 RESOLVED, that having considered a communication from the City Planning Commission, dated May 25, 1994, which sets forth its resolution 5-91-94 adopted on May 17, 1994, with regard to Petition 94-4-1-9, submitted by Jeff Winkler of Winkler Builders, Inc for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on Monday, July 18, 1994, pursuant to Council Resolution 429-94, the Council does hereby approve Petition 94-4-1-9 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 No one in the audience wished to speak at the end of the meeting On a motion by Toy, seconded by Kavanagh, and unanimously adopted, this 1,277th Regular Meeting of the Council of the City of Livonia was adjourned at 9 18 p m , July 20, 1994 1'1(7 ,r J(Olh McCotter, City Clerk