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HomeMy WebLinkAboutCOUNCIL MINUTES 1993-04-21 27574 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-SEVENTH LirREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 21, 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 8:03 p.m. Councilmember Jurcisin delivered the invocation. Roll was called with the following result: Dale A. Jurcisin, Fernon P. Feenstra, Michael P. McGee, Sean P. Kavanagh, Ron Ochala, Laura M. Toy, and Gerald Taylor Absent: None. 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; David N. Preston, Finance Director; Robert L Alanskas, Planning Commission; and William LaPine, Planning Commission. On a motion by Toy, seconded by McGee, and unanimously* adopted, it was: #278-93 RESOLVED, that the minutes of the 1,246th Regular Meeting of the Council of the City of Livonia, held April 7, 1993, are hereby approved as submitted *Councilmember Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04.190B of the Livonia Code of Ordinances. Pursuant to Chapter IV, Legislative Division, Section 24 of the City of Livonia City Charter, the President of the Council acknowledges receipt of a Veto from the Mayor, dated April 13, 1993, regarding Ordinance No. 2168 adding Section 3.04.145 to the Livonia Code of Ordinances, as amended, which was adopted at the Regular Council Meeting of April 7, 1993. On a motion by Feenstra, seconded by Jurcisin, it was: 27575 #279-93 RESOLVED, that having considered the Veto by the Mayor, dated April 13, 1993, of Ordinance No. 2168 adding Section 3.04.145 to the Livonia Code of Ordinances, as amended, adopted by the Council on April 7, 1993, the Council does hereby re-adopt said Ordinance No. 2168 adding Section 3.04.145 to the Livonia Code of Ordinances, as amended, the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Feenstra, Ochala, Toy, and Taylor. NAYS: McGee and Kavanagh. The President declared the resolution adopted On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was: #280-93 RESOLVED, that the Council does hereby request that the Department of Law prepare an amendment to Section 3.04.145 of the Livonia Code of Ordinances, which provision established a Prevailing Wage requirement, which amendment would provide for inclusion of a three year sunset provision. During the audience communication portion of the meeting, Ann Ramroth, 15561 Foch, Livonia, John Strauch, 15501 Ingram, Livonia, and David Garrett, 19631 Ingram, Livonia, all spoke to the Prevailing Wage issue. Councilmember Feenstra congratulated his mother on her 86th birthday Sunday The Council President commented on a letter received from Julian Komarynski, Carol Dickson and Sherry Broyles, who were on the 1993 Board of Review, indicating that 1,978 appeals were heard, and conveying their gratitude to the Assessor and her staff for their efficiency in making the information available that was needed to help them make fair decisions, as well as a letter received from Judith L. Nagy thanking various City individuals for their cooperation during the Board of Review 11, proceedings. Additionally, Councilmember Kavanagh read into the record a _ _ 27576 proclamation honoring St. Michael School on its 50th anniversary, and expressing gratitude for the education it has provided to the children of the community. On a motion by Ochala, seconded by Kavanagh, it was: #281-93 RESOLVED, that having considered a communication from TEI, 34018 Beacon Road, Livonia, Michigan 48150, dated March 29, 1993, requesting the paving of Beacon Road east of Stark Road, for a distance of approximately 200 feet, and having also considered a communication from the Mayor, dated April 5, 1993, in connection therewith, and before determining to improve Beacon Road east of Stark Road, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments ma- be paid and the lands which Lip should be included in the special assessment district, pursuant to the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended #282-93 RESOLVED, that having considered a communication from Sharon Meskill, 29084 Roycroft, Livonia, Michigan 48154, dated April 1, 1993, to which is attached a petition signed by certain other residents of Roycroft, wherein is requested that Roycroft Street between Middlebelt a garden be paved, and before determining to improve Roycroit between Middlebelt and Garden, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the special assessment district, pursuant to the provisions of Section 3 08.060 of the Livonia Code of I lio Ordinances, as amended. 27577 #283-93 RESOLVED, that having considered a letter from St. LAndrew's Episcopal Church, dated March 30, 1993, which requests permission to place signs announcing an All-Parish Rummage/ Garage Sale to be conducted on Friday and Saturday, May 7 and 8, 1993, which signs are double-sided and are 4' x 5' in size and which will be located on the northeast corner of Hubbard and Five Mile Road and the northeast corner of Hubbard and Six Mile Road, the Council does hereby grant and approve this request in the manner and form herein submitted. A communication from the Inspection Department, dated March 23, 1993, re: signs posted for the Laurel Manor Craft Show was received and placed on file for the information of the Council. (CR 150-93) #284-93 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 24, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Livonia Trophy & Screen Printing, 38065 Ann Arbor Road, Livonia, Michigan 48150, for D A R.E. crew neck T-shirts as follows: 1,900 shirts @ $3.28 each $6,232.00 100 XXL shirts @ $4.28 each 428.00 lip $6,660.00 the same having been in fact the lowest bid received which meets all specifications; and the bids of Images Screen Printing and All American Sports Center are hereby rejected for the reasons indicated in the aforesaid communication. #285-93 RESOLVED, that having consi -red the report and recommendation of the Chief of Polic. lated March 26, 1993, regarding a request from Pravin R Pa 1, Harendra R Patel and Bhadreshkumar J. Patel, stockholders in SHIV, Inc. to transfer ownership of 1992 B-hotel licensed business (in escrow) with Dance-Entertainment permit and 140 rooms from Livonia Inns, Inc. for a business located at 30375 Plymouth Road, -Livonia, Michigan, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #286-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated March 31, 1993, which is approved by the Director of Finance is approved for submission by the Mayor, the Council does hereby authorize the purchase of the following vehicles at the prices indicated: (1) Three (3) 1994 Dodge B-150 full-size vans from Van Dyke Dodge, 28400 Van Dyke Road, P.O. Box 1539, Warren, Michigan 48093, for a total price of $31,062; 27578 (2) One (1) 1993 3/4 ton F-250 pickup from Varsity Ford, 3480 Jackson Road, P.O. Box 2507, Ann Arbor, MI 48106, for a total price of $14,100; and (3) One (1) 1993 Ranger compact pickup from Varsity Ford, 3480 Jackson Road, P.O Box 2507, Ann Arbor, Michigan 48106, for a total price of $9,171; 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; 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. #287-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated March 31 , 1993, which is approved by the Director of Finance is approved for submission by the Mayor, with regard to the replacement of motor vehicles through the State Bid Process, the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation the question of "carrying over" budgeted funds from prior years to be spent in subsequent years. #288-93 WHEREAS, the Wayne County Department of Public Works is pursuing low-interest loan fundin: :rider the Michigan State Revolving Fund (SRF) Loan Program to partially finance the construction of Combined Sewer Overflow Control facilities for municipalities of the Rouge Valley Study Area; and WHEREAS, the Wayne County Department of Public Works, in cooperation with the local communities, has prepared a Combined Sewer Overflow Control Plan for the Rouge Valley Study Area as required by the SRF Loan Program, h includes the City of Livonia (hereinafter the "Municipal i"); and WHEREAS, the alternative selected has been determined to be the most readily implementable, environmentally sound and cost-effective for the citizens of the Municipality. NOW, THEREFORE, BE IT RESOLVED by the Municipality that Alternative #1; "Complete Separation" plan for dealing with the City's remaining combined sewers is found to be the most readily implementable, environmentally sound, cost-effective and socially acceptable plan; and BE IT FURTHER RESOLVED, the Municipality pledges to actively support the financing of its local share of the costs required to implement this plan. Ihr 27579 #289-93 RESOLVED, that having considered a communication from the City Planning Commission dated March 29, 1993, which transmits its resolution 3-69-93, adopted on March 23, 1993, with regard to a Sign Permit Application submitted by Metro-Detroit Signs, in behalf of Pizza Hut Restaurant, requesting approval to erect a wall sign on the building located at 33233 Seven Mile Road in Section 10, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions: 1) That the Sign Plan dated 2/2/93, as revised, submitted by Metro-Detroit Signs, for the Pizza Hut Carry Out Restaurant at 33233 Seven Mile Road, is hereby approved and shall be adhered to; and 2) That the sign shall be illuminated only during business hours. #290-93 RESOLVED, that having considered a communication from Fernon P Feenstra, Councilmember/SPREE Board of Directors, dated April 6, 1993, the Council does hereby approve and authorize the installation of SPREE banners on utility poles in the Civic Center area in connection with SPREE "43"; and the Public Service Division is requested to erect the banners on or before June 5, 1993 and remove them on June 28, 1993 at no expense to SPREE #291-93 RESOLVED, that having received a request from Mr Jeremiah Riordan, 34934 Parkdale, Livonia, Michigan, with regard to garbage and recyclables not being picked up, the Council does hereby refer this item to the Inspection Department for its report and recommendation #292-93 RESOLVED, that having received a request from Fernon P. Feenstra, Councilmember, the Council does hereby request that the Engineering Department submit a report and recommendation with respect to sidewalk installation along Merriman Road at such time as it is improved #293-93 RESOLVED, that having received a request from Fernon P. Feenstra, Councilmember, with regard to financial assurances on deposit with the City for the Arbor Park View Subdivision, the Council does hereby refer this item to the Engineering Department for its report and recommendation. #294-93 RESOLVED, that having considered a request from Fernon P. Feenstra, Councilmember, with regard to the possible reopening of Barker E L Window Company, a commercial operation, at the residence located at 35480 Curtis, the Council does hereby refer this item to the Inspection Department for its report and recommendation 27580 #295-93 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 Council of the City of Livonia on Wednesday, May 26, 1993, at 7:00 p.m , at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 91-1-1-2, as revised, submitted by William Roskelly, for a change of zoning on property located on the east side of Stonehouse Avenue between Joy Road and Minton Avenue, in the Southeast 1/4 of Section 31, from PL and RUF to R-1, the City Planning Commission in its resolution 4-72-93 having recommended to the City Council that Petition 91-1-1-2, as revised, be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS: None. McGee gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 130 AND PARAGRAPHS A THROUGH D OF SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) 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 By direction of the Chair, the second reading is deferred until such time as the Capital Improvement Committee submits its report and recommendation regarding this item 27581 Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING PARAGRAPH C OF SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) 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. By direction of the Chair, the second reading is deferred until such time as the Finance and Insurance Committee submits its report and recommendation regarding this item Kavanagh left the podium at 8:26 p m in order to avoid a perceived impropriety regarding the next Agenda item. Jurcisin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO (Petition 92-12-1-27) 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 Jurcisin invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Jurcisin, Feenstra, McGee, Ochala, and Taylor. NAYS: Toy. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Kavanagh returned to the podium at 8:28 p m 27582 Kavanagh took from the table, for second reading and adoption, the following Ordinance with the two revisions reducing 4% to 3%, as well as including a three year sunset provision: AN ORDINANCE AMENDING SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING A NEW PARAGRAPH E AND RELETTERING THE PRESENT PARAGRAPH E TO F. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jurcisin, Feenstra, Kavanagh, Ochala, Toy, and Taylor. NAYS: McGee. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. McGee made the following disclosure respecting a conflict of interest on this matter: Mr. President, I have previously disclosed the existence of a conflict of interest with respect to this matter, and I therefore will abstain from any consideration of this agenda item I refer to my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting. Thank you. McGee left the podium at 8:34 p.m. Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 88-11-1-35) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jurcisin, Feenstra, Kavanagh, Ochala, Toy, and Taylor. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 27583 McGee returned to the podium at 8:36 p.m. limJurcisin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 4 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 92-10-1-22) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #296-93 RESOLVED, that having considered a letter from Andrew J Ragalyi, 9674 Garden, Livonia, Michigan 48150, received by the office of the City Clerk on April 2, 1993, wherein it is proposed that the City establish skateboard parks or designate specific areas to be constructed for skateboarding which would be open to the public, the Council does hereby refer this item as follows: a) To the Legislative Committee for its report and recommendation; b) To the Parks and Recreation Commission for its report and recommendation; c) To the Law Department for its report and recommendation on adoption of an ordinance similar to the Ann Arbor ordinance which prohibits skateboarding; d) To the Finance Director with respect to the impact that this proposal, if implemented, would have on the City's insurance costs; and e) To the Livonia Hockey Association with regard to the possible rental of facilities for roller blading and for skateboarding 27584 On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was: #297-93 RESOLVED, that having considered the report and recommendation of the City Clerk, dated April 2, 1993, to which is attached a notice from the Office of the County Clerk, wherein it is indicated that the State of Michigan will be conducting a Special Election on June 2, 1993, regarding a State sales tax increase and a property tax cap, the cost of conducting which election in Livonia is estimated to be in an overall amount of $33,967.35, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $33,967.35 from the Unexpended Fund balance of the General Fund for this purpose. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #298-93 RESOLVED, that the Council does hereby request that the City Clerk submit her report and recommendation on the question of whether the amounts established in the City's licensing fee schedule should be increased and/or modified. On a motion by Toy, seconded by Ochala, and unanimously adopted, it was: #299-93 RESOLVED, that having considered a communication from the Fire Chief requesting permission to dispose of all hose dryers in Fire Department stations, the Council does hereby approve this request; FURTHER, the Council does hereby refer to the Finance Director the question of the method of disposition of this property. A communication from the Director of Inspection, dated April 21, 1993, re deficiencies found upon inspection of the Mirage Market property, located at 28292 Joy Road, was received and placed on file for the information of the Council. On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was: #300-93 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 21, 1992, and the report and recommendation of the Chief of Police, dated March L 22, 1993, with regard to a request from Alfoons Bashi, stockholder in Sumner, Inc for approval of the transfer of a 1992 SDD-SDM licensed business from Mirage Market, Inc. for a business located at 28292 Joy Road, Livonia, Michigan, Wayne _ - - — - 27585 County, and having also considered the report and recommendation Ike of the Director of Inspection, dated April 21, 1993, approved for submission by the Mayor, 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 Toy, and unanimously adopted, it was: #301-93 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 8, 1993, and the report and recommendation of the Chief of Police, dated March 26, 1993, the Council does hereby approve of the request from Alvin Winkel and Thomas Winkel, stockholders in Woodland Lanes, Inc. , to transfer stock in Class C licensed business with Sunday sales, dance, A-concourse and 2 bars, located at 33775 Plymouth Road, Livonia, Michigan 48150, Wayne County, by dropping Luster, Inc. as stockholder and adding Alvin Winkel and Thomas Winkel; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #302-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 1993, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Ajax Paving Ind. , Inc , One Ajax Drive, Madison Heights, MI 48071, for the paving of Grantland Avenue within Schanhite's Marquette Manor Subdivision, for the estimated total cost of $189,459.97, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate the sum of $130,780.97 from the Community Development Block Grant Program and the sum of $58,679.00 from the Michigan Transportation Fund (Major Road Account) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Feenstra, seconded by Jurcisin, it was: #303-93 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia; and 27586 WHEREAS, a proposal was made regarding the establishment of an liw industrial development district encompassing land situated in the City of Livonia and comprised of an area as follows: ,Sidwell #110-01-0006-002 Richter-Lipton Industrial Sub Town 1 South, Range 9 East, Liber 92, Pages 6 & 7, Wayne County Records S. 60 Ft. of Lot 6, Also Lots 7 and 8 more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 54"; and WHEREAS, written notice has been given by certified mail to EPI Printers, Inc , of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 54; and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No. 54; and WHEREAS, on Monday, April 5, 1993, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 54, at which time EPI Printers, Inc and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of EPI Printers, Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 1. An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 54." EXHIBIT A The South 60 feet of Lot 6, also Lots 7 and 8, L Richter & Lipton Industrial Subdivision, as recorded in Liber 92, Pages 6 and 7, Wayne County Records, said subdivision being a part of the N.W. 1/4 of Section 28, T 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan. 27587 A roll call vote was taken on the foregoing resolution with the following result: AYES Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS: Ochala and Toy. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Kavanagh, it was: #304-93 RESOLVED, that having considered a communication from the City Planning Commission, dated January 5, 1993, which sets forth its resolution 12-542-92 adopted on December 15, 1992, with regard to Petition 92-10-2-43, submitted by Kelly Schein, requesting waiver use approval to utilize a Class C liquor license in conjunction with an existing billiard hall located on the south side of Eight Mile Road between Grand River Avenue and Angling Road in the Northeast 1/4 of Section 1, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 31, 1993, pursuant to Council Resolution 10-93, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 92-10-2-43 is hereby approved and granted, subject to the lie condition that the sale of all alcohol on the premises shall be strictly limited to beer and wine only; and the Council does hereby waive the 1,000 foot requirement prescribed in Section 11 03(h) of the Livonia Zoning Ordinance No 543. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS: Ochala and Toy The President declared the resolution adopted. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #305-93 RESOLVED, that having considered a report and recommendation from Councilmember Fernon P. Feenstra, the Council does hereby request that the Mayor and the Department of Law submit a report and recommendation on the question of whether the City of Livonia should lease the Devon-Aire Ice Arena to the Livonia Hockey Association in a manner similar to the lease law agreement which has been proposed between the City and the YMCA with respect to the Shelden pool 27588 On a motion by Feenstra, seconded by McGee, and unanimously ifteadopted, it was: #306-93 RESOLVED, that having considered a report and recommendation from Councilmember Fernon P Feenstra, the Council does hereby request that the Department of Public Service initiate immediate roof and building repairs at the Devon-Aire Ice Arena, the cost of which is to be defrayed by the use of City Enterprise Funds as an advance from the receipt of sums anticipated to be received by the City in connection with the sale of other City properties or from other sources. McGee made the following disclosure respecting a conflict of interest on this matter Mr. President, I have previously disclosed the existence of a conflict of interest with respect to this matter, and I therefore will abstain from any consideration of this agenda item I refer to my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting Thank you McGee left the podium at 9 19 p m lom On a motion by Feenstra, seconded by Jurcisin, it was: #307-93 WHEREAS, the City Council intends to authorize the issuance and sale of Water Supply and Wastewater System Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in the principal amount of not to exceed in total Five Million Dollars ($5,000,000), for the purpose of paying the cost of acquiring and constructing additions, extensions, renovations and improvements to the City's Water Supply and Wastewater System and all appurtenances and attachments thereto for the use of the City; and WHEREAS, a Notice of Intent to Issue Bonds must be published at least forty-five (45) days before issuance of the same in order to comply with the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and directed to publish a Notice of Intent to Issue Bonds in the Observer-Eccentric, a newspaper of general circulation in the City, as a display advertisement at least one-quarter (1/4) page in size. 2 The Notice of Intent so published shall be in substantially the following form: 27589 NOTICE TO ELECTORS OF THE CITY OF LIVONIA AND USERS OF THE CITY'S WATER SUPPLY AND WASTEWATER SYSTEM OF INTENT TO ISSUE REVENUE BONDS iii PAYABLE FROM THE REVENUES OF SAID WATER SUPPLY AND WASTEWATER SYSTEM AND OF RIGHT OF REFERENDUM RELATING THERETO PLEASE TAKE NOTICE that the City Council of the City of Livonia intends to authorize the issuance and sale of Water Supply and Wastewater System Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933 , as amended, in the principal amount of not to exceed in total Five Million Dollars ($5, 000 , 000) , for the purpose of paying the cost of acquiring and constructing additions, extensions, renovations and improvements to the City's Water Supply and Wastewater System and all appurtenances and attachments thereto. Said bonds will mature in annual installments not to exceed thirty (30) in number, with interest rates to be determined at public sale but in no event to exceed such rates as may be permitted by law on the unpaid balance from time to time remaining outstanding on said bonds . SOURCE OF PAYMENT OF BONDS THE PRINCIPAL OF AND INTEREST ON SAID REVENUE BONDS shall be imig payable solely and only from the net revenues derived from the operation of the City's Water Supply and Wastewater System. Said revenues consist of rates and charges for services supplied by the said System which may from time to time be increased in order to provide sufficient revenues to meet expenses of operating and maintaining said System and paying debt service on any revenue bonds payable from revenues of said System. Schedules of rates presently in effect for the System are on file in the office of the City Clerk. RIGHT OF REFERENDUM THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN FORTY- FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. If such a petition is filed, the bonds cannot be issued unless approved by the majority vote of the electors of the City voting on the question of their issuance. 27590 THIS NOTICE is given pursuant to the requirements of Section 33 of Act 94 , Public Acts of Michigan, 1933 , as amended. ADDITIONAL INFORMATION will be furnished at the office of the City Clerk upon request. Joan McCotter City Clerk City of Livonia, Michigan 3. The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is adequate notice to the electors of the City and users of the City's Water Supply and Wastewater System and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bonds, the security for the bonds and the rights of referendum of the electors with respect thereto, and that the provision of forty-five (45) days within which to file a referendum petition is adequate to insure that the City's electors may exercise their legal rights of referendum 4 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES Jurcisin, Feenstra, Kavanagh, Ochala, Toy, and Taylor. NAYS: None. The President declared the resolution adopted. McGee returned to the podium at 9 22 p.m On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was: #308-93 RESOLVED, that having considered a communication dated April 1, 1993, from the Department of Law transmitting for Council acceptance a Quit Claim Deed, more particularly described as: Quit Claim Deed dated March 29, 1993, executed by Joseph F. Tondreau and Esther J. Tondreau, his wife, for the following property described as ler Land in the City of Livonia, Wayne County, Michigan, described as: 27591 Parcel "B" The West 30 feet of the following described property: The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 2, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, except the East 30 feet thereof (Sunset Blvd. right-of-way Part of Tax Parcel 006-99-0040-000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed; and the City Clerk is hereby requested to have the same 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 Toy, seconded by Feenstra, and unanimously adopted, it was: #309-93 RESOLVED, that having considered a communication from the Chairperson of the Livonia Arts Commission, dated March 31, 1993, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $100 00 from artist Lena Massara, the same to be credited to and deposited in Account No 724-000-690-010 to be used for the Civic Center Library Art Gallery On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #310-93 RESOLVED, that having considered a communication from the Vice President of Friends of the Livonia Library, dated April 12, 1993, the Council does, for and on behalf of the City of Livonia, accept a donation of a major fabric sculpture, titled "Nebulas Terraqueous," to be created by artist James Gilbert, to be displayed in the atrium of the Civic Center Library. On a motion by McGee, seconded by Jurcisin, and unanimously adopted, it was: #311-93 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Jurcisin, seconded by McGee, and unanimously IOWadopted, it was: 27592 #312-93 RESOLVED, that having considered a letter from the President of Wolverine Riders, Inc , a Chapter of Rider Club, dated April 15, 1993, the Council does hereby revise and amend Council Resolution 244-93, adopted on April 7, 1993, so as to have the same read as follows: RESOLVED, that having considered a letter from the Detroit Director of Paws With a Cause, dated March 1, 1993, the Council does hereby take this means to indicate that Wolverine Riders, Inc. , a Chapter of Rider Club, is recognized by the City of Livonia as a non-profit service organization and that the City of Livonia has no objection to a license being issued to Wolverine Riders, Inc , a Chapter of Rider Club, by the Michigan Bureau of State Lottery On a motion by Ochala, seconded by Toy, it was #313-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 19, 1993, and submitted pursuant to Council Resolution 174-93 in connection with a communication from the City Planning Commission, dated February 22, 1993, which transmits its resolution 2-32-93, adopted on February 9, 1993, with regard to Petition 92-12-2-57, submitted by Handy Andy, requesting waiver use approval to expand the area utilized for outdoor sales of lir garden supplies on property located on the west side of Middlebelt Road between I-96 and Plymouth Road in the Northeast 1/4 of Section 26, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 92-12-2-57 is hereby approved and granted subject to the following conditions 1) That the Site Plan marked Sheet 1, dated 12-15-92, prepared by Patrick D. Findlan & Associates P C , Architects, which is hereby approved, shall be adhered to; 2) That the Canopy Elevation Plan, marked Sheet 2, as revised, dated 12-22-92, prepared by Patrick D Findlan & Associates, P.0 , Architects, which is hereby approved, shall be adhered to; 3) That the expanded outdoor sales area shall be confined to the specifically designated area on the site plan, having a dimension of 40' x 120' ; 4) That the petitioner shall correct any site maintenance deficiencies or other such problems as noted by the Inspection Department in their letter dated February 1, 1993, prior to the issuance of a Certificate of lir Occupancy and the site shall thereafter be permanently maintained in good condition and to the satisfaction of the Inspection Department; 27593 5) That the petitioner shall upgrade the landscaping on the Schoolcraft Road portion of the overall site, subject to approval by the Planning Department; 6) That the Elevation Plan marked Sheet 4, dated 3-26-93, prepared by Patrick D Findlan & Associates P C , Architects, which is hereby approved, shall be adhered to; and 7) That the Fence Elevation Plan marked Sheet 5, dated 3-22-93, prepared by Patrick D. Findlan & Associates P.C. , Architects, which is hereby approved, shall be adhered to. A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS Feenstra. The President declared the resolution adopted No one in the audience wished to speak at the end of the meeting. Councilmember McGee spoke to the dedication ceremony to be held on May 10, 1993 at 6:30 p m. at the Civic Center Library for the fabric sculpture which was commissioned by the Friends of the Livonia Library to be created by artist James Gilbert On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #314-93 RESOLVED, that the Council does hereby refer to the Director of Inspection for his report and recommendation the status of abandoned or discontinued gas stations and commercial buildings at the following locations: a) Amoco station at Five Mile and Middlebelt; b) Shell station at Six Mile and Inkster; c) Sunoco station at Plymouth and Laurel; and d) such other locations as may presently be on file. On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, this 1,247th Regular Meeting of the Council of the City of Livonia was adjourned at 9:32 p m , April 21, 1993 J•, n McCotter, City Clerk i - - - — -�