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HomeMy WebLinkAboutCOUNCIL MINUTES 1993-10-13 27910 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FIFTY-EIGHTH lier REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 13, 1993, 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 8:05 p.m Councilmember Toy delivered the invocation. Roll was called with the following result Laura M Toy, Dale A. Jurcisin, Michael P McGee, Sean P Kavanagh, Ron Ochala, and Gerald Taylor. Absent Fernon P Feenstra Elected and appointed officials present: Robert D Bennett, Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Harry Tatigian, City Attorney, Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; James Andres, Chief Accountant; James lbw Inglis, Director of Housing; Suzanne Wisler, Director of Community Resources; Lee Grieve, Police Chief; and Lowell Peterson, Cable Television Commission On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was #808-93 RESOLVED, that the minutes of the 1,257th Regular Meeting of the Council of the City of Livonia, held September 29, 1993, are hereby approved as submitted. On a motion unanimously introduced, seconded and adopted, it was: #809-93 WHEREAS, Newburgh Village was built in 1991-1992 by the City of Livonia in order to respond to the need for affordable elderly housing, and WHEREAS, the City of Livonia Building Authority issued $6,000,000 in revenue bonds to finance the construction and development of Newburgh Village, and WHEREAS, 120 units consisting of 80 one-bedroom apartments and 40 two-bedroom apartments of affordable housing for the elderly were constructed as 10 one-story buildings in a residential- single family setting and priced at an average of $200 below market rate, and 27911 WHEREAS, the National Association of Housing and Redevelopment Officials selected the Newburgh Village Housing Facility as the low recipient of the "NAHRO Award of Merit in Housing and Community Development" for this region, and WHEREAS, the Newburgh Village Housing Facility also won one of four National Agency "Awards of Excellence in Program Innovation: Economic Impact;" which is awarded for innovative use of programs in areas such as creative financing, economic development, public/private relations, neighborhood preservation, production and rehabilitation of assisted housing, mixed income developments, modernization, and preservation of assisted housing, and WHEREAS, the Newburgh Village facility was constructed within its $6,000,000 budget and approximately $500,000 in excess funds were used to retire additional debt NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia does hereby commend and congratulate James M Inglis, Executive Director, and the staff of the Livonia Housing Commission; Donald DiComo and the staff of Kamp-DiComo Associates, Architects of the development; William and Kurt Roskelly and the staff of Camborne Construction Engineering, Incorporated, Construction Manager of the development; for their professionalism and efforts on behalf of all the citizens of Livonia President Taylor congratulated Council Vice President Michael P. McGee for having been recognized in the October 11, 1993 issue of Crain's Detroit Business magazine as being one of the top 40 executives who is under 40 years of age During the audience communication portion of the meeting, David Goeddeke, 15000 Lyons, spoke regarding the issue of the City seal on campaign literature On a motion by Kavanagh, seconded by McGee, it was #810-93 RESOLVED, that the Council does hereby request that the Legislative Committee submit a report and recommendation with regard to the question of letters which bear the seal of the City of Livonia, the signature of an elective office holder, and which purport to be in support of another candidate for elective office in connection with the consideration to be given to the proposed new ethics ordinance A roll call vote was taken on the foregoing resolution with the following result 2791 2 AYES: Toy, Jurcisin, McGee, Kavanagh, and Taylor. im. NAYS: Ochala. The President declared the resolution adopted. Valerie Przywara, 15687 Surrey, spoke regarding the issue of airport noise. Michael Heckman, 38669 Summers, submitted resolutions for the City Council to consider regarding the NAFTA Agreement Additionally, Tim Bailey, 9826 Cranston, a member of CAAN (Citizens Against Airport Noise), spoke relative to the issue of airport noise during the audience communication portion. A communication from the Department of Finance, dated September 23, 1993, re various financial statements of the City of Livonia for the month ending August 31, 1993, was received and placed on file for the information of the Council At the direction of the Chair, Item #1 was removed from the Consent portion of the Agenda. On a motion by Kavanagh, seconded by Jurcisin, it was: #811-93 RESOLVED, that having considered a letter from Betty Deshano, 10047 Deering, Livonia, Michigan 48150, dated September 23, 1993, which, in behalf of the Franklin High School Patriots Club, requests permission to place 11" x 14" lawn type signs advertising craft shows to be conducted on Saturday, November 20, 1993 and Saturday, March 19, 1994 at the following intersections, and which signs would be installed two weeks in advance of each show and removed the following day Joy and Inkster NW Joy and Merriman NW, NE W. Chicago and Middlebelt NW, SE Joy and Farmington SE, NE Plymouth and Inkster SW, NW Plymouth and Farmington NE, SW Schoolcraft and Farmington NE, SW Six Mile and Newburgh NE Joy and Middlebelt NW, NE W Chicago and Inkster SW Plymouth and Middlebelt SE, SW Plymouth and Merriman SW, SE Schoolcraft and Merriman NW, SW Seven Mile and Wayne NW, NE 2791 3 the Council does hereby approve of and concur in this request in itm the manner and form herein requested. Communications from Sandra Kettenbeil and John DelSignore, owner of Laurel Manor Banquet & Conference Center, dated September 15 & 16, 1993, and September 20, 1993, respectively, re: the posting of one-way traffic signs and additional signage at Laurel Park Manor Banquet Hall for cars traveling on Schoolcraft Service Drive between Newburgh and Eckles were received and placed on file for the information of the Council #812-93 RESOLVED, that having considered the report and recommendation of the Mayor, dated September 29, 1993, with regard to a traffic and signage problem at Laurel Manor as described in a letter from Sandra Kettenbeil, dated September 15, 1993, the Council does hereby request that the Traffic Commission submit its report and recommendation with respect to this matter, including consideration of submission of a request to the County of Wayne to increase the street lighting on Schoolcraft Road west of Laurel Manor #813-93 RESOLVED, that having considered a communication from the City Clerk, dated September 27, 1993, with regard to a proposal to amend certain provisions of the Livonia Code of Ordinances, Sections 5.30 030 and 5.12 010, concerning the licensing of mechanical amusement devices and pool/billiard tables inasmuch as the current provisions may not ensure proper investigation and enforcement by the Police Department, the Council does hereby refer this item to the Legislative Committee for its report and recommendation #814-93 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated September 16, 1993, which bears the signature of the Department of Finance and is approved for submission by the Mayor, and having also considered a letter from Allie Brothers, dated September 8, 1993, the Council does hereby authorize the purchase of uniform shirts and uniform pants for the Fire Department from Allie Brothers, 20295 Middlebelt Road, Livonia, Michigan 48152, for the same unit bid prices accepted in Council Resolution 910-92, adopted on December 9, 1992, for an additional two-year period; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3.04.104D5 of the Livonia Code of Ordinances, as amended. #815-93 RESOLVED, that having considered the report and recommendation of the Housing Director, dated September 15, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the bid of Lou LaRiche Chevrolet, 40875 Plymouth Road, Plymouth, Michigan, for leasing a 1994 Chevrolet Cavalier, 4 27914 door, 4 cylinder vehicle for a term of 36 months, $199 99 per month, 45,000 maximum miles, for use by the Housing Commission's rehabilitation supervisor to perform CDBG-Housing related business, the same having been in fact the lowest bid received and meets all specifications, the cost of which is to be defrayed by use of CDBG funds for this purpose A communication from the Inspection Department, dated September 10, 1993, re: a residential privacy fence complaint at 35211 Leon was received and placed on file for the information of the Council. (CR 700-93) #816-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Public Utility Manager, dated September 23, 1993, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby authorize the replacement of a cooling tower at Fire Station Headquarters on an emergency basis by Detroit Temperature Engineers, Inc , 12490 Globe Road, Livonia, Michigan 48150, for the total price of $5,657 00; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D1 of the Livonia Code of Ordinances, as amended #817-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September 27, 1993, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby authorize the purchase from Morton Salt Division, Morton International, Inc , Ice Control Department - 17th Floor, 100 North Riverside Plaza, Chicago, Illinois 60606, of rock salt at a unit price bid of $25.64 per ton for the period September 1, 1993 to August 31, 1994, under State of Michigan Contract Agreement No 9924; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3.04.140D5 of the Livonia Code of Ordinances, as amended #818-93 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated September 9, 1993, approved as to form by the City Attorney and approved for submission by the Mayor, and to which is attached a letter from the Director of the Wayne County Office of Nutrition Services, dated September 3, 1993, enclosing a proposed agreement for distribution of U S D.A TEFAP commodity products for the residents of Wayne County only, excluding the City of Detroit, initially authorized in Council Resolution 353-85, and by which agreement the City would participate in the TEFAP Distribution Program through the period ending September 30, 1994, the Council does hereby request that the Mayor and City Clerk execute the 27915 attached agreement for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. A communication from the Office of the Mayor, dated September 24, 1993, re: the rental of City property as sites for the installation of cellular phone towers was received and placed on file for the information of the Council (CR 736-93) #819-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 20, 1993, approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks (and/or drive approaches) in the City of Livonia pursuant to the 1993 Sidewalk Repair Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution 8-93, and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of December 20, 1993 at 7:45 p.m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #820-93 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 1993, which transmits its resolution 7-138-93, adopted on July 13, 1993, wherein the Commission did amend Part VI of the Master Plan of the City of Livonia, entitled the Master Fire Station Plan, so as to delete an existing proposed fire station site and designate a new location in the South 1/2 of Section 5, the Council does hereby certify and acknowledge receipt of same. #821-93 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from EPI Printers, Inc , dated September 29, 1993, covering new industrial facilities to be located within City of Livonia Industrial Development District 54; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows: 27916 1 The City Clerk shall provide copies of the said Application ifts 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 Wednesday, November 17, 1993, at 8 00 p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 3 The Council hereby sets Wednesday, November 17, 1993, at 8:00 p.m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #822-93 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 LCouncil of the City of Livonia on Wednesday, November 17, 1993, at 8 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 93-8-1-13, submitted by T. Rogvoy Assoc & Boston Chicken 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 P to C-2, the City Planning Commission in its resolution 9-174-93 having recommended to the City Council that Petition 93-8-1-13 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. 2791 7 A roll call vote was taken on the foregoing resolutions with the following result AYES: Toy, Jurcisin, McGee, Kavanagh, Ochala, and Taylor. NAYS: None. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #823-93 RESOLVED, that having considered a communication from the Director of Institutional Advancement of Schoolcraft College, dated September 15, 1993, wherein a request is submitted for a waiver of transient merchant fees for both days of this event, as well as a request to place 22" x 14" campaign signs advertising a craft show to be conducted on Saturday and Sunday, November 13 and 14, 1993, in the Schoolcraft College gymnasium, the purpose of which is to raise funds for student scholarships, which signs would be installed no earlier than November 8, 1993 at the following locations One sign Five Mile and Haggerty Two signs Six Mile and Haggerty Two signs Seven Mile and Haggerty L One sign Two signs Eight Mile and Haggerty One sign Laurel Park Dr. and Six Mile Road Six Mile and Newburgh Two signs Seven Mile and Newburgh One sign Seven Mile and Middlebelt (near Livonia Mall) One sign Seven Mile and Farmington (near Kmart) the Council does hereby concur in and approve of this request in the manner and form herein submitted Ochala gave first reading to the following Ordinance: AN ORDINANCE ADDING CHAPTER 88 (SALE OF TOBACCO PRODUCTS TO MINORS) TO TITLE 9 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 ibe 27918 Jurcisin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 1 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 93-5-1-6) A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Jurcisin, McGee, Kavanagh, Ochala, and Taylor. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was #824-93 RESOLVED, that having considered a communication from the City Assessor, dated September 13, 1993, approved for submission by the Mayor, with regard to a request from Ms. Kathleen Michael, 5830 Snowshoe Circle, Bloomfield Hills, Michigan 48301, in behalf of Mr Jeff Beane, 17390 Lennane, Redford, Michigan 48240, 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 and combination of Tax Item No 46-033-01-0411-000 (Includes Lot 412) into two parcels, the legal descriptions of which shall read as follows Parcel No 1 Lot 411 and the North 7 8 ft. of Lot 412 of the "Seven Mile Super Highway Subdivision," of the East 1/2 of the Northeast 1/4 of Section 9, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan Parcel No 2 The South 50 ft of Lot 412 of the "Seven Mile Super Highway Subdivision," of the East 1/2 of the Northeast 1/4 of Section 9, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan Imp 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; (REVISED PAGE - SEE #825-9 27919 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 Kavanagh, seconded by McGee, it was: #825-93 RESOLVED, that having considered the report and recommendation of the Chairperson of the Cable Television Commission, dated September 24, 1993, approved by the Director of Community Resources, which bears the signature of the Finance Department and is approved for submission by the Mayor, and which transmits its resolution 212-93, wherein it is recommended that the request of the Livonia Public Schools for public access grant funds in an amount not to exceed $33,426.00 for the purchase of access equipment with monies available in City of Livonia Cable Television Fund 297-751-882-010 be approved, which equipment will permit live cablecasting of Livonia School Board meetings, and which resolution requests that this purchase be considered and approved separately from the Livonia Educational Television Consortium proposal, and which would reduce that proposal from $357,000 00 to a new Consortium total of $323,574 00, the Council does hereby refer this item to the City Council/Schools Liaison Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following lar result: AYES: Toy, Jurcisin, McGee, Kavanagh, and Ochala. NAYS: Taylor The President declared the resolution adopted. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was: #826-93 RESOLVED, that having considered the report and recommendation of the Chief Accountant, dated September 24, 1993, approved for submission by the Mayor, to which is attached a letter from the Conference of Western Wayne and an invoice in the amount of $6,788.00 with respect to the City's total dues for Fiscal Year 1994, the Council does hereby authorize the payment of the same. On a motion by Toy, seconded by McGee, and unanimously adopted, it was: #827-93 RESOLVED, that having considered a communication from the Department of Law, dated September 15, 1993, approved by the City Engineer and Finance Department and approved for submission by the Mayor, the Council does hereby authorize the Department of 27920 Law to acquire right-of-way at 12425 - 12435 Merriman Road, owned by Michigan National Bank, described as follows That part of the S E 1/4 of Section 27, T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 00°06' 10" E , 110 50 ft. and N. 89°26' 10" W , 60 ft from the E 1/4 corner of said Section 27; and proceeding thence N 89°26' 10" W. , 55 ft ; thence S 04°12'41" E , 348 90 ft ; thence S 89°30'10" E. , 30 ft. ; thence N 00°06' 10" W , 347 68 ft to the point of beginning Portion of Wayne County Bureau of Taxation Property Number 108-99-0004-001 (12425 - 12435 Merriman Road) subject to the following conditions (1) that the purchase price shall be in the sum of $47,000; (2) that the City of Livonia shall pay for the cost of title work in the sum of $500; and (3) that the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $500 ime BE IT FURTHER RESOLVED, that a sum not to exceed $48,000 is hereby authorized to be expended from the Michigan Transportation Fund (Major Road Account), for the acquisition of said 12425 - 12435 Merriman Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution Kavanagh left the podium at 8 55 p m in order to avoid a perceived impropriety regarding the next Agenda item. On a motion by Ochala, seconded by Jurcisin, it was #828-93 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 24, 1993, approved for submission by the Mayor, in connection with a letter from the President of Rotondo Brothers, Inc. , dated February 16, 1993, submitted in behalf of Ray Amin, wherein an interest is expressed in the purchase of certain City-owned parcels located on the north side of Seven Mile Road east of Fitzgerald, and which indicates that Joseph Rotondo and Raymond Amin have offered to purchase the subject property for $165,000, and which offer was increased to $190,000 by a letter dated October 12, 1993, which is considerably less than the market value of the property as shown by an expert real estate appraisal, and having also considered a letter from Joseph P Durso dated October 13, 1993, wherein he has offered to purchase the said property for the total price of $215,200, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation 27921 A roll call vote was taken on the foregoing resolution with the following result AYES: Toy, Jurcisin, McGee, Ochala, and Taylor NAYS None. The President declared the resolution adopted. Kavanagh returned to the podium at 9:01 p.m. On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #829-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 13, 1993, approved as to form by the City Attorney and which bears the signature of the Mayor, and to which is attached a Grant of an Exclusive Easement from the City of Livonia to Michigan Bell Telephone Company of a 20' x 20' area located on the east side of Wayne Road south of Six Mile Road for the purpose of erecting a fiber optic cabinet, the legal description of which easement area on City-owned property in the Northwest 1/4 of Section 16 and the Northeast 1/4 of Section 17 is described as follows Part of Outlot 'A' "Golf View Meadows Subdivision #2" of part of the Northwest 1/4 of Section 16 and part of the Northeast 1/4 of Section 17, T. 1 S , R. 9 E , City of Livonia, Wayne County, Michigan (as recorded in Liber 88, Pages 49 & 50 Wayne County Records), the easement being more particularly described as commencing at the Northwest corner of Outlot 'A' ; thence S 01°29'25" East, 168.00' ; to the Point of Beginning; thence N 88°30'35" East, 20.00' ; thence S 01°29'25" East, 20.00' ; thence S 88°30'35" West, 20.00' ; thence N 01°29'25" West, 20 00' to the Point of Beginning The Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Grant of Exclusive Easement in the manner and form herein submitted, with the exception, however, that the said Grant of Exclusive Easement shall also provide that Michigan Bell Telephone Company agrees to maintain in good condition at all times during the period of the Grant of Easement the cabinet facility as well as the landscaping which is to be installed by Michigan Bell Telephone Company in connection with this project On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was 27922 #830-93 RESOLVED, that having considered a communication from the City Planning Commission, dated September 23, 1993, which transmits its resolution 9-168-93, adopted on July 27, 1993, with regard to Petition 93-7-2-16, submitted by the Loyal Order of Moose 111317, requesting waiver use approval to utilize a club license in conjunction with a proposed Moose Lodge to be located on the south side of Plymouth Road between Middlebelt and Garden Avenue in the Northwest 1/4 of Section 36, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 93-7-2-16 is hereby approved and granted, subject to the following conditions: 1) That the Site Plan dated September 14, 1993 prepared by D. Grumbache, which is hereby approved, shall be adhered to; 2) That the Building Elevation Plan dated 9-13-93, as revised, which is hereby approved, shall be adhered to, including the provision of screening of all of the roof-top mechanical units; 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 existing pole sign shall be completely removed down Imoto the concrete base; 5) That the entire parking lot shall be resurfaced and restriped as illustrated on the approved site plan; 6) That the existing protective wall shall be repainted; and 7) That the public sidewalk along the Plymouth Road right-of-way line shall be replaced with a concrete walk as per City standards On a motion by Toy, seconded by Ochala, and unanimously adopted, it was: #831-93 RESOLVED, that having considered a communication from the City Planning Commission, dated September 23, 1993, which transmits its resolution 9-170-93, adopted on September 14, 1993, with regard to Petition 93-8-2-20, submitted by Angelo Mauti, requesting waiver use approval to operate an automotive repair shop in an existing building located on the north side of Plymouth Road between Haller Avenue and Camden Road in the Southwest 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 93-8-2-20 is hereby approved and granted, subject to the following conditions: 27923 1) That the Site Plan dated 9-2-93, as revised, which is hereby two 2) approved, shall be adhered to; That the landscaping illustrated 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; 3) That the existing parking lot shall be repaired and resurfaced and the new parking area completed as illustrated on the approved site plan prior to the issuance of a Certificate of Occupancy; 4) That the westerly building shall be painted and brought into the same type of compatible colors as the other two buildings; and 5) That there shall be no outside storage of vehicles in the front portion of this site and that the parking and storage of such vehicles shall be confined strictly to the rear hard-surfaced parking area as shown in the attached site plan. On a motion by McGee, seconded by Toy, and unanimously adopted, it was: #832-93 RESOLVED, that having considered a communication from the City Planning Commission, dated September 24, 1993, which transmits its resolution 9-172-93, adopted on September 14, 1993, with regard to Petition 93-8-8-16, submitted by Siegal/Tuomaala Associates, Architects and Planners Inc , on behalf of A&P/Borman's, requesting site plan approval in connection with a proposal to alter an exterior building elevation for the Farmer Jack Supermarket located on the south side of Eight Mile Road between Angling Road and Grand River Avenue in the Northeast 1/4 of Section 1, 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 93-8-8-16 is hereby approved and granted, subject to the following conditions 1) That the Site Plan, defined as Sheet P-1 dated 8/23/93, by Siegal Tuomaala Associates Architects and Planners Inc. , is hereby approved and shall be adhered to; 2) That the Elevation Plan, defined as Sheet P-2 dated 8/23/93, by Siegal Tuomaala Associates Architects and Planners Inc , is hereby approved and shall be adhered to; 3) That the petitioner shall come back before the Planning Commission and City Council for approval of the sign plan when it is developed; 27924 4) That the petitioner correct the site deficiencies pertaining L to the Farmer Jack Store and adjacent area enumerated in the letter from Ordinance Enforcement Division dated August 30, 1993; and 5) That no Certificate of Occupancy shall be issued until each of the above conditions are met to the satisfaction of the City's Departments of Engineering and Inspection. On a motion by McGee, seconded by Kavanagh, and unanimously adopted, it was: #833-93 RESOLVED, that in view of the current condition of the shopping center located on the south side of Eight Mile Road between Angling Road and Grand River Avenue in the Northeast 1/4 of Section 1, the Council does hereby request that the Mayor submit a report and recommendation with regard to the possible redevelopment of this shopping area with respect to public improvements utilizing the provisions set forth in 1961 PA 120 (MCL 125.981, et seq ) On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was: #834-93 RESOLVED, that in view of the current condition of the shopping center located on the south side of Eight Mile Road between Angling Road and Grand River Avenue in the Northeast 1/4 of Section 1, the Council does hereby request that the Roads Beautification Committee monitor the condition of the said shopping center and when deemed appropriate, submit a report and recommendation. On a motion by Ochala, seconded by Kavanagh, it was #835-93 RESOLVED, that having considered a letter from the President of Westland Control Systems, Inc , 31362 Industrial Road, Livonia, Michigan 48150, dated September 14, 1993, wherein it is indicated that the said Westland Control Systems, Inc. intends to transfer facilities from its Livonia facility to a new location in the City of Westland, and which further indicates that Westland Control Systems, Inc desires to obtain a 1974 PA 198 exemption for the Westland facility, the Council does hereby reject and deny this request since it is the determination of the Council that the transfer of facilities would have the effect of transferring employment from one governmental unit in Michigan to another local governmental unit in Michigan and for the further reason that the said transfer would not be in the best interest of either the citizens of Livonia or the people of the State of Michigan; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution - - — 27925 A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Kavanagh, Ochala, and Taylor. NAYS: Jurcisin and McGee. The President declared the resolution adopted. A letter from Lidia Veri, Livonia Builders, Inc. , dated September 29, 1993, and various communications from the Fulton family and previous neighbors of the Fulton's re: final plat approval and the naming of the street for the Willow Creek Subdivision were received and placed on file for the information of the Council On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was: #836-93 RESOLVED, that having considered a communication from the City Clerk, dated September 29, 1993, which indicates that L Livonia Builders, Inc , 35189 Vargo, Livonia, Michigan 48152, the proprietor of Willow Creek Subdivision, located on the south side of Six Mile Road between Merriman Road and Oporto Avenue in the Northwest 1/4 of Section 14, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission, dated September 29, 1993, wherein said Commission approves the final plat for the said subdivision in its resolution 9-178-93, adopted on September 28, 1993; and the Council having considered a report from the City Engineer, dated September 24, 1993, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 493-93, adopted on June 23, 1993, said preliminary plat having been recommended for approval by the City Planning Commission on February 23, 1993 in its resolution 2-48-93; NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Willow Creek Subdivision, located in the Northwest 1/4 of Section 14, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia; and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution lbw 27926 On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #837-93 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated September 30, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the bid of Smeal Fire Apparatus Company, Highway 91, West, Snyder, NE 68664, for supplying the Division of Fire with one new quad combination pumper for a sum of $239,397.00, with the additional requirement that Smeal Fire Apparatus Company provide the upgrade pump that was specified in the bid package for an additional cost of $775.00, and a grand total price of $240,172.00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize, at the City's option, the payment for the chassis upon its arrival at Smeal Fire Apparatus Company, in order to realize a savings of $5,430 00, and reduction of the total overall cost of the pumper to $234,742 00 in the event such action is deemed to be in the best interests of the City of Livonia; and the Council does hereby authorize the Department of Finance to arrange a loan or a lease/payment plan for financing this purchase over a five year period On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #838-93 RESOLVED, that having considered a letter from the Director of Elections, Office of the County Clerk, dated September 24, 1993, and in accordance with the provisions of Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council does hereby appoint Mr Arthur Sippola, 14444 Melvin, Livonia, Michigan 48154, as the Republican member of the Board of Canvassers of the City of Livonia for a term expiring December 31, 1997 On a motion by Ochala, seconded by McGee, and unanimously adopted, it was: #839-93 RESOLVED, that having considered a letter from the Director of Elections, Office of the County Clerk, dated September 24, 1993, and in accordance with the provisions of Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council does hereby appoint Mr Patrick J Tavolacci, 18415 University Park, Livonia, Michigan 48152, as the Democratic member of the Board of Canvassers of the City of Livonia for a term expiring December 31, 1997. On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was: 27927 #840-93 RESOLVED, that having considered a communication from the City Planning Commission, dated August 10, 1993, which sets forth its resolution 7-145-93, adopted on July 27, 1993, with regard to Petition 93-6-1-9, submitted by the City Planning Commission, pursuant to Council Resolution 335-93, for a change of zoning on the land area of Quaker West Park, Quaker Center Park, with the exception of the triangular portion east of Lot 260, and Quaker East Park in the Northwest 1/4 of Section 18 from R-2C to NP, and the Council having conducted a public hearing with regard to this matter on September 27, 1993, pursuant to Council Resolution 652-93, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 93-6-1-9 is hereby approved and granted; 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 Ochala, seconded by Kavanagh, and unanimously adopted, it was: #841-93 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1993, which sets forth its resolution 7-148-93, adopted on July 27, 1993, with regard to Petition 93-6-2-14, submitted by M & N Corporation Limited, requesting waiver use approval to utilize an SDM license for a proposed business to be located within an existing shopping center on the north side of Seven Mile Road between Rensellor and Antago Boulevards in the Southeast 1/4 of Section 1, which property is zoned C-1, and the Council having conducted a public hearing with regard to this matter on September 27, 1993, pursuant to Council Resolution 650-93, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was: #842-93 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1993, which sets forth its resolution 7-149-93, adopted on July 27, 1993, with regard to Petition 93-6-2-15, submitted by Grand Rental Station, requesting waiver use approval for outdoor display of rental equipment on property located on the west side of Wayne Road between Plymouth Road and Elmira Avenue in the Northwest 1/4 of Section 33, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on September 27, 1993, pursuant to Council Resolution 651-93, the Council does hereby reject the recommendation of the City 27928 Planning Commission and said Petition 93-6-2-15 is hereby Imo approved and granted, subject to the condition that the outside display of rental equipment shall be limited to no more than eight (8) pieces of equipment and/or machines. On a motion by McGee, seconded by Jurcisin, and unanimously adopted, it was: #843-93 RESOLVED, that having considered a communication from the City Planning Commission, dated August 10, 1993, which sets forth its resolution 7-151-93, adopted on July 27, 1993, with regard to Petition 93-6-6-4, submitted by the City Planning Commission on its own motion to determine whether to amend Section 2.03 and Articles IV, V, VI and VII of Zoning Ordinance 543 regarding definitions of residential lot frontages, and the Council having conducted a public hearing with regard to this matter on September 27, 1993, pursuant to Council Resolution 652-93, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 93-6-6-4 is hereby approved and granted; 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 Kavanagh, seconded by McGee, and unanimously adopted, it was: #844-93 RESOLVED, that having considered a communication from the City Planning Commission, dated August 10, 1993, which sets forth its resolution 7-152-93, adopted on July 27, 1993, with regard to Petition 93-6-6-5, submitted by the City Planning Commission on its own motion to determine whether to amend Sections 14.02 and 14 03 of Zoning Ordinance 543 to alter the RE district regulations to make it more compatible to current development standards, and the Council having conducted a public hearing with regard to this matter on September 27, 1993, pursuant to Council Resolution 652-93, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 93-6-6-5 is hereby approved and granted; 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 Ochala, and unanimously adopted, it was #845-93 RESOLVED, that having considered a communication dated September 27, 1993 from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement dated September 9, 1993, executed by Edmund D. McLeod, a single man, to the City of Livonia, for: 27929 The South 10 feet of the West 12 feet of the following L parcel of land: South 285 feet of North 345 feet of West 366 feet of Northeast 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Sidwell #021-99-0004-002) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Ochala, seconded by McGee, and unanimously adopted, it was #846-93 RESOLVED, that having considered a communication from the Department of Law, dated October 4, 1993, submitted pursuant to Council Resolution 698-93, transmitting for Council acceptance a Warranty Deed dated September 21, 1993, executed by Marguerite J Dark, conveying to the City certain property described as follows: That part of the N W 1/4 of the S E 1/4 of Section 1, T. 1 LS , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 18°57'05" east along the center line of Angling Road, 679 20 feet and North 88°12'00" East, 138 08 feet to the point of beginning from the intersection of said center line with the east and west 1/4 line of said Section 1 ; and proceeding thence North 88°12'00" East, 17.00 feet; thence South O1°42'41" East, 388.65 feet; thence North 18°57'05" West, 57.35 feet; thence North 01°42'41" West, 333 85 feet to the point of beginning - 0.14 acres (Deering Avenue right-of-way - part of Parcel #004-99-0022-000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed; and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution; FURTHER, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was 27930 #847-93 RESOLVED, that having considered a communication from Lthe Chief of Police, dated September 23, 1993, which bears the signature of the Chief Accountant and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of $40,555.37 from the contributors set forth in the attachment, the same to be deposited in and credited to Account 702-000-285-211 for use in the D.A.R.E. Program. On a motion by McGee, seconded by Ochala, and unanimously adopted, it was: #848-93 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 Kavanagh, seconded by McGee, and unanimously adopted, it was #849-93 RESOLVED, that having considered a letter from the Co-Chairmen of the Frost Middle School PTSA Annual Craft Fair, dated October 11, 1993, wherein a request is submitted for permission to display two signs announcing the fair, which signs Lare 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 upon approval of this request, and which signs are to be removed immediately upon completion of the fair on November 6, 1993, the Council does hereby grant and approve this request in the manner and form herein submitted. On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: #850-93 RESOLVED, that having considered a letter from Allie Charitable Foundation for Cancer Research, dated October 11, 1993, the Council does hereby take this means to indicate that Allie Charitable Foundation for Cancer Research is recognized as a non-profit organization operating in the community, the action herein being taken for the purpose of affording Allie Charitable Foundation for Cancer Research an opportunity to obtain a gaming license from the State of Michigan in accordance with provisions of State Statute On a motion by McGee, seconded by Jurcisin, and unanimously adopted, it was: #851-93 WHEREAS, the City of Livonia has received a request from G P D Inc. , dated October 11, 1993, which submits an application proposing the establishment of an industrial development district; and 27931 WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia; and WHEREAS, there is located within the boundaries of the City of Livonia a parcel of land fronting on Industrial Road, which is located in the Northeast 1/4 of Section 29 and is legally described as set forth in the aforesaid communication dated October 6, 1993, a copy of which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No. 57"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1. The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 57. 2 This City Council sets Wednesday, November 17, 1993, at 8:00 p.m. as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above. L 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above No one wished to speak during the audience communication portion at the end of the meeting. On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, this 1,258th Regular Meeting of the Council of the City of Livonia was adjourned at 9:32 p.m , October 13, 1993. "Ykl/e-1 41140 Jr .n McCotter, City Clerk