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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-07-22 27118 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND TWENTY-NINTH iweREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 22, 1992, 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 Councilman Feenstra delivered the invocation. Roll was called with the following result: Present: Fernon P. Feenstra, Sean P Kavanagh, Michael P McGee, Dale A Jurcisin, Gerald Taylor, Ron Ochala, and Laura M Toy Absent: None. Elected and appointed officials present: Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Raul Galindo, City Engineer; John Nagy, Planning Director; Karen A. Szymula, Director of Legislative Affairs; Lee Grieve, Police Chief; William LaPine, Planning Commission; Sharron Brown, Zoning Board of Appeals; James Inglis, Housing Director; and Robert Bishop, City Treasurer. On a motion by Feenstra, seconded by Taylor, and unanimously* adopted, it was: #570-92 RESOLVED, that the minutes of the 1,228th Regular Meeting of the Council of the City of Livonia, held July 8, 1992, are hereby approved as submitted *Councilman Taylor abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances. Sharron Brown was presented with a 10-year service award pin for time served as a Member of the Zoning Board of Appeals, and was also recognized as being the first woman to Chair the Zoning Board. No one wished to speak during the audience communication portion at the beginning of the meeting. 27119 A communication from the Department of Law, dated July 14, 1992, re: Class Action Lawsuit Seeking Reimbursement for Court Operational Expenses (Grand Traverse County, et al v State of Michigan, et al) was received and placed on file for the information of the Council. (CR 895-89) On a motion by Taylor, seconded by Jurcisin, it was: A communication from the Committee of the Whole, dated June 29, 1992, re: presentation of the "1992 Project Legacy" program by the Livonia Chamber of Commerce was received and placed on file for the information of the Council #571-92 RESOLVED, that having considered the presentation of the Livonia Chamber of Commerce with respect to "1992 Project Legacy," the Council does hereby refer this item to the Committee of the Whole for further consideration Ile #572-92 RESOLVED, that having considered an application from Marilyn Bergeron, 11950 Cardwell, Livonia, Michigan, dated June 29, 1992, requesting permission to close Wadsworth between Cardwell and Cavell, on July 25, 1992 from 2:30 p.m. to 10:00 p.m. for the purpose of conducting a wedding reception, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #573-92 RESOLVED, that having considered an application from Veronica Braidech, 34817 Navin, Livonia, Michigan, dated June 29, 1992, requesting permission to close Navin Court, off Navin Road, west of Gill Road between Seven and Eight Mile Roads on July 25, 1992, from 3:00 p.m. to 10:00 p.m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on July 26, 1992 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #574-92 RESOLVED, that having considered an application from Carrie Reichley and John Colley, 34699 St. Martins, Livonia, Michigan 48152, dated July 6, 1992, requesting permission to close St. Martins between Northland and Gary on August 8, 1992, from 3:00 p.m. to 12:00 midnight, for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on August 15, 1992 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. 27120 #575-92 RESOLVED, that having considered letters from the Livonia Federation of Indian Guides - Tomahawk Nation, dated June 17, 1992 and June 18, 1992, wherein a request is submitted for a waiver of fees for a fund-raising golf outing on September 12, 1992 at the Idyl Wyld Municipal Golf Course, and having also considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 22, 1992, approved for submission by the Mayor and Finance Director, and having also considered a letter from the Community Program Director of the Livonia Family "Y", dated July 7, 1992, wherein it is requested that this matter be withdrawn from further consideration, the Council does hereby determine to take no further action. A communication from the Office of the Mayor, dated July 6, 1992, re proposed signage on Fox Creek Clubhouse was received and placed on file for the information of the Council. (CR 137-92) #576-92 RESOLVED, that having considered a communication from the Executive Director of the Housing Commission, dated June 25, 1992, approved for submission by the Mayor, which transmits Housing Commission resolution 32-92, wherein the following adjustments are recommended with respect to admission and continued occupancy income limits: Ims Section I - Eligibility for Admission and Section IV - for Continued Occupancy (annual re-examination) Present Admission Limits Revised Admission Limits $25,000 Single $25,250 Single 28,550 Couple 28,850 Couple Present Continued Occupancy Revised Continued Occupancy $27,300 Single $27,550 Single 31,150 Couple 31,450 Couple The Council does hereby concur in, approve and authorize the aforesaid action in the manner and form herein submitted. A communication from the Livonia Housing Commission, dated June 25, 1992, re: Livonia Housing Commission Audit Report for Fiscal Year Ending December 31, 1991, was received and placed on file for the information of the Council. 27121 #577-92 RESOLVED, that having considered a communication from the Traffic Commission, dated June 5, 1992, and submitted pursuant to Council Resolution 46-92, in connection with limitation of truck traffic on Henry Ruff, south of Five Mile Road, the Council does hereby refer this matter back to the Traffic Commission for a new report and recommendation relative to the question of posting appropriate traffic control signs which prohibit trucks (except for deliveries) on Henry Ruff, south of Five Mile Road, as well as on adjoining streets in the immediate area. #578-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks & Recreation, dated June 26, 1992, approved for submission by the Mayor and the Finance Director, wherein it is indicated that notice has been received that a Veterans Park improvement project has been approved by the State of Michigan, the total cost of which project is estimated to be in the amount of $53,500.00, of which the State of Michigan will reimburse the City to the extent of 75% (maximum of $40,125.00), the Council does hereby determine to accept the aforesaid grant for and on behalf of the City of Livonia, as well as to authorize the Mayor and City Clerk to execute the attached development project agreement, as well as to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the Council does hereby appropriate the sum of $53,500.00 from the Unexpended Fund Balance Account, based upon the understanding that the State of Michigan will reimburse the City to a maximum of $40,125 00; and the Council does hereby authorize the Parks & Recreation Department and the Finance Department to prepare specifications and thereafter take bids and proposals with respect to this project in accordance with provisions of law and City ordinance. A communication from the Public Service Division, dated July 2, 1992, re: final cost information for a ventilation system for the DPW equipment storage garage was received and placed on file for the information of the Council. (CR 749-91) #579-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 16, 1992, which bears the signature of the Finance Director, is approved by the Director of Community Resources, and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $640 00 to K & V Construction, 16650 Racho Road, Taylor, MI 48180, which sum includes the full and complete balance due on a contract authorized in Council Resolutions 650-91 and 860-91, the actual contract amount completed to date being $57,640.00, in connection with the Greenmead Farm Complex Building Stabilization Project, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications; FURTHER, the Council does hereby appropriate the sum of $640 00 from Historical Commission Budget Account No 101-737-976-220 for this purpose. 271 22 #580-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 22, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits final cost information with respect to road improvements on Floral and Lathers in the Southeast 1/4 of Section 12 (S.A.D. No. 355), the Council does hereby determine as follows: a) To authorize a decrease in the total assessment as set forth in the confirmed assessment roll for S.A.D. No. 355 from $120,610.00 to $91,319.00, with the assessments to be reduced to the assessment rate of $10.60 p.f.f.; b) To authorize the City Assessor to increase the assessment in the total amount of $13,112 09 for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district; c) To establish the final project cost at $136,688.88; of this total, $104,431.09 is to be charged to the special assessment district, and $32,257.79 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts; d) To authorize an expenditure in the amount of $136,688.88 L from the $12 Million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($104,431.09), and from the Michigan Transportation Fund (Local Road Account) receipts ($32,257.79); and e) In order to make final payment to the contractor, to authorize an additional appropriation in the amount of $7,709 26 from the $12 Million General Obligation Road Improvement Bond Issue with the provision that (1) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessment at such time as funds are available from a future special assessment bond issue, and (2) the bond issue be reimbursed for the City's portion of the project from Michigan Transportation Fund (Local Road Account) receipts. #581-92 RESOLVED, that having considered the report and recommendation of the City Engineer and the Housing Director, dated June 24, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize J R. Mathews, Inc. , P.O. Box 530334, Livonia, Michigan 48153, to raze the existing home and garage located at 36616 Seven Mile Road (City-owned property) for a sum Imm not to exceed $5,840.00, the same to be appropriated and expended from the 1968 Fire Station Account 457-000-756-000 for this purpose; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. 27123 #582-92 RESOLVED, that having considered the report and recommendation of the Planning Director, dated July 6, 1992, approved for submission by the Mayor, and to which is attached a Holdharmless Contract between the City of Livonia and First Step for the period August 1, 1992 through July 31, 1993, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the proposed Holdharmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. #583-92 RESOLVED, that having considered a communication from the Planning Director, dated July 6, 1992, approved for submission by the Mayor, to which is attached a Holdharmless contract between the City of Livonia and the Community Commission on Drug Abuse for the 1992-93 program year, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. #584-92 RESOLVED, that having considered a communication from the City Planning Commission dated July 6, 1992, which transmits its resolution 6-402-92, adopted on June 30, 1992, with regard to liw a permit application submitted by Victor Corporate Park, L.P. in connection with a proposal to install a satellite receive antenna on the roof of a building located in Victor Corporate Park on the north side of Seven Mile Road just east of I-275 in Section 6, pursuant to Section 18 47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the City Planning Commission and the said permit application is hereby approved and granted, subject to the following conditions 1) That the Roof Top Site Plan prepared by Victor Corporate Park, L.P. on behalf of Toyota Motor Credit located at 19500 Victor Parkway is hereby approved and shall be adhered to; and 2) That the color of the dish shall be gray to match the existing color of the cast stone of the building. #585-92 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1992, which transmits its resolution 6-406-92, adopted on June 30, 1992, with regard to Petition 92-6-8-8 submitted by Kamp-DiComo Associates, P.C. , requesting site plan approval in connection with a proposal to construct a new clubhouse/banquet facility on the north side of Five Mile Road just east of I-275 in Section 18, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 92-6-8-8 is hereby approved and granted, subject to the following conditions: 27124 1) That Site Plan 92.04 Sheet A-1 prepared by Kamp-DiComo Associates is hereby approved and shall be adhered to; 2) That Building Plan 92.04 Sheet A-2 prepared by Kamp-DiComo Associates is hereby approved and shall be adhered to; 3) That Landscape Plan 92.04 Sheet L-1 prepared by Kamp-DiComo Associates is hereby approved and shall be adhered to; and 4) That the proposed drive approach to Five Mile shall be constructed in full compliance with both City and County standards for ingress and egress. #586-92 RESOLVED, that having considered a letter from the Michigan Municipal League, dated June 23, 1992, with regard to the 94th Annual Convention of the League to be held at the Grand Hotel on Mackinac Island, September 24 - 26, 1992, the Council does hereby designate Mayor Robert D Bennett as the official representative and voting delegate of the City of Livonia at the Annual Meeting and does further designate Council President Laura M Toy as first alternate and Councilman Michael P. McGee as second alternate; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #587-92 RESOLVED, that the Council having considered a communication from the City Engineer, dated June 30, 1992, approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 16.24 310 of the Livonia Code of Ordinances, as amended, wherein it is required that street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Cane Woods Subdivision, located in the Southwest 1/4 of Section 4, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of June 30, 1992, and that there has been a full compliance with all of the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, September 14, 1992 at 7:30 p.m. as the date and time for a public hearing on the necessity for such proposed improvement, 27125 which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08.070 of said Code. #588-92 RESOLVED, that having considered a communication from the City Engineer, dated June 30, 1992, approved for submission by the Mayor, and submitted pursuant to Council Resolution 464-92, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Pembroke Avenue from Flamingo Boulevard to Purlingbrook in the West 1/2 of Section 2, T 1S. , R 9E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 7, 1992, and that there has been a full compliance with all of the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, September 14, 1992, at 7 30 p.m. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08.070 of said Code A roll call vote was taken on the foregoing resolutions with the following result: AYES: Feenstra, Kavanagh, McGee, Jurcisin, Taylor, Ochala, and Toy. NAYS: None. On a motion by Taylor, seconded by Feenstra, and unanimously imsadopted, it was: 27126 #589-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 14, 1992, and submitted pursuant to Council Resolution 361-92 in connection with a letter from the Liquor Control Commission, dated February 18, 1992, and the report and recommendation of the Chief of Police, dated March 25, 1992, regarding a request from Elias D. Leobbos and Neaman Y. Leobbos for a transfer of ownership of 1991 SDM licensed business from Elias Party Store, Inc. , located at 36274 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby recommend approval of this request; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. Kavanagh left the podium at 8:17 p.m. in order to avoid a perceived impropriety based upon prior representation of Mr. Soave. On a motion by McGee, seconded by Taylor, it was: #590-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 14, 1992, and submitted pursuant to Council Resolution 301-92 in connection with a communication from the City Planning Commission, dated December 18, 1990, which sets forth its resolution 12-504-90, adopted on December 11, 1990, with regard to Petition 90-11-1-31, submitted by Dominic Soave for a change of zoning on property located on the east side of Newburgh Road north of Seven Mile Road in the Northwest 1/4 of Section 5, from RUFC to C-1, and the Council having conducted a public hearing with regard to this matter on March 13, 1991, pursuant to Council Resolution 22-91, the Council does hereby concur in the recommendation of the Planning Commission and Petition 90-11-1-31 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Jurcisin, Taylor, Ochala, and Toy. NAYS: None. The President declared the resolution adopted Kavanagh returned to the podium at 8 19 p.m. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: 271 27 #591-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 14, 1992, and submitted pursuant to Council Resolution 301-92, the Council does hereby request a report and recommendation from the Inspection Department with respect to trash problems which have been caused to adjoining residential property owners because of their proximity to Brose Electric, Pro Golf and Fountain View Shopping Center. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #592-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 14, 1992, and submitted pursuant to Council Resolution 301-92, the Council does hereby request an updated report from the Traffic Bureau of the Police Department as to current accident experience at the intersection of Seven Mile and Newburgh Roads Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 92-2-1-3) LitThe 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 Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 33 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 92-1-1-2) 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 271 28 Ochala gave first reading to the following Ordinance: 10. AN ORDINANCE AMENDING SECTION 070 OF TITLE 2, CHAPTER 04 (RULES OF THE COUNCIL) 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. McGee gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 020 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH C THERETO. 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. On a motion by Jurcisin, seconded by McGee, it was: RESOLVED, that having considered a letter from the Planning Director, dated June 25, 1992, to which is attached a letter from the Plant Manager of Olin Chemicals, 35750 Industrial Road, Livonia, Michigan 48150, dated June 19, 1992, wherein it is indicated that Olin has relocated its warehouse and distribution operation of the Livonia Swimming Pool Products manufacturing facility from a leased space at Trammell Crow Project, 13112 Waco Court, Livonia, Michigan, to a leased space at Plymouth Industrial Center, 13101 Eckles Road, Plymouth Township, Michigan, and which further indicates that a 1974 P.A. 198 exemption is being requested for the Plymouth Township facility, the Council does hereby consent to the transfer as herein requested; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Jurcisin, and Taylor. NAYS: Feenstra, Kavanagh, Ochala, and Toy. The President declared the resolution denied. 27129 On a motion by Ochala, seconded by Kavanagh, it was: #593-92 RESOLVED, that having considered a letter from the Planning Director, dated June 25, 1992, to which is attached a letter from the Plant Manager of Olin Chemicals, 35750 Industrial Road, Livonia, Michigan 48150, dated June 19, 1992, wherein it is indicated that Olin has relocated its warehouse and distribution operation of the Livonia Swimming Pool Products manufacturing facility from a leased space at Trammell Crow Project, 13112 Waco Court, Livonia, Michigan, to a leased space at Plymouth Industrial Center, 13101 Eckles Road, Plymouth Township, Michigan, and which further indicates that a 1974 P.A. 198 exemption is being requested for the Plymouth Township 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, Ochala, and Toy. NAYS: McGee, Jurcisin, and Taylor The President declared the resolution adopted. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #594-92 RESOLVED, that having considered a communication from the City Assessor, dated June 24, 1992, approved for submission by the Mayor, with regard to a request from Mr. and Mrs. Paul Knight, 19007 Irving, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing and combining Tax Item Nos. 46 033 01 0295 000 and 46 033 01 0296 000 into two parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice. 27130 On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was: #595-92 RESOLVED, that having considered a communication from the City Assessor, dated June 12, 1992, approved for submission by the Mayor, with regard to a request from Mrs. Helen L. Simpson, 16782 Merriman, Livonia, Michigan, 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 determine to deny the request for dividing and combining Tax Item No. 46 054 01 0017 000 (includes Lot 18) into two parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice. On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: #596-92 RESOLVED, that having considered the report and recommendation of the Housing Director, dated July 2, 1992, approved for submission by the Mayor and the Finance Director, and having also considered the report and recommendation of the Housing Director, dated July 21, 1992, the Council does hereby authorize the sale of the following described properties which the City acquired through forfeiture to the following bidders in the following amounts Location Bidder Bid Amount 1707 Marlow Mr. Richard Mroz $ 63,005.00 Canton Twp. , MI 82 Maple Belleville, MI 48111 49280 Nine Mile Mr. William Siebert $175,500.00 Novi, MI 38927 Golfview Mt. Clemens, MI 48044 The sales of the aforesaid properties are conditioned upon the purchasers providing any title work as may be required for these transactions as well as each of the aforesaid purchasers submitting 5% of the bid amount upon approval herein, as well as to make full and complete cash payment within 90 days of the approval herein, and in the event of default and/or failure of the said purchasers to comply with these terms, the offers will be deemed void and their deposits forfeited, the action herein being taken in order to best serve the interests of the community; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute quit claim deeds and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such 27131 legal documents as may be necessary to consummate this transaction; and in view of the withdrawal of the bid previously submitted by Mr and Mrs. Tuel with respect to 28571 Clarita, Livonia, Michigan, the Council does hereby request that this property be further evaluated and thereafter rebid for future submission to the City Council. On a motion by Ochala, seconded by Feenstra, it was: RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, and the report and recommendation of the Chief of Police, dated June 18, 1992, approved for submission by the Mayor, and the report and recommendation of the Director of Inspection, dated July 9, 1992, approved for submission by the Mayor, the Council does hereby reject and deny the request of Windjammer Bar and Grill, Inc. (d.b.a New Port Richie), 11791 Farmington Road, Livonia, Michigan 48150, for approval of an entertainment permit for the reasons stated in the aforementioned reports and recommendations of the Chief of Police and of the Director of Inspection. On a motion by Taylor, seconded by Kavanagh, it was: #597-92 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, and the report and recommendation of the Chief of Police, dated June 18, 1992, Lit approved for submission by the Mayor, with regard to a request from Windjammer Bar and Grill, Inc. (d b.a New Port Richie), 11791 Farmington Road, Livonia, Michigan 48150, for approval of an entertainment permit, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, McGee, Jurcisin, Taylor, and Toy. NAYS: Ochala. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was: #598-92 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 6, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached a Schedule A which would establish application fees for liquor licenses and related permits, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. 27132 On a motion by Feenstra, seconded by Jurcisin, it was: lir #599-92 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 6, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached a Schedule A which would establish application fees for liquor licenses and related permits, the Council does hereby refer this item to the Department of Law for its report and recommendation (and/or presentation of an appropriate ordinance amendment). A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Jurcisin, Taylor, and Toy. NAYS: Kavanagh and Ochala. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was: #600-92 RESOLVED, that having considered the report and lit recommendation of the Public Utility Manager, the Director of Public Works and the Director of Community Resources, dated July 6, 1992, approved by the Director of Finance, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Keith Thomas Heating and Cooling, 20731 W. Seven Mile Road, Detroit, Michigan 48219, for completing all work required in connection with the replacement of the air conditioning at the Civic Park Senior Center, for a total price of $5,800.00, the same having been in fact the lowest bid received for this item and meets all specifications; and the Council does hereby appropriate and authorize the expenditure of the sum of $5,800.00 from the Community Development Block Grant (Account No. 240-800-818-612); and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute 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 Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #601-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 30, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit 271 33 price bid of Six-S Inc. , 2210 Scott Lake Road, Waterford, MI 48328, for the reconstruction of Ellen Drive north of Five Mile Road with a 27 foot wide 7" thick concrete pavement with curbs and gutters (Alternate I) for a sum not to exceed $113,733.00, based upon the Engineering Department's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been the lowest bid received for this item; FURTHER, the Council does hereby appropriate a sum not to exceed $113,733.00 for Ellen Drive road reconstruction from the $12 Million General Obligation Road Improvement Bond Issue with the provision that (1) the bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from the future Special Assessment Bond Issue, and (2) the bond issue be reimbursed for the City's portion of the project at such time as funds may be available from the Michigan Transportation Fund (Local Road Account); 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 Taylor, seconded by Kavanagh, and unanimously Ibm adopted, it was: #602-92 RESOLVED, that having considered a communication from the City Planning Commission, dated June 29, 1992, submitting its resolution 6-392-92 wherein it is recommended that the Preliminary Plat of Pines of Winfield Subdivision, proposed to be located south of Seven Mile Road and east of Wayne Road in the Northwest 1/4 of Section 9, be approved, the Council does hereby accept the proposed Preliminary Plat pending receipt from the Department of Public Works of its report and recommendation as to adequacy of proposed improvements, compliance with all subdivision improvement requirements of the City and the estimated total cost of all proposed and required public improvements, utilities and grading, in accordance with Section 16.16.070 of the Livonia Code of Ordinances. On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: #603-92 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1992, which sets forth its resolution 6-401-92 adopted on June 30, 1992, with regard to a permit application submitted by Antenna Installation Service, Inc. in connection with a proposal to install a satellite receive antenna on the roof of a building located in Victor Corporate Park on the north side of Seven Mile just east of 1-275 in Section 6, pursuant to Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the City Planning Commission and the 27134 said permit application is hereby approved and granted, subject to the following conditions: 1) That the Roof Top Site Plan prepared by Antenna Installation Service, Inc. for Tandem Computers located at 19500 Victor Parkway is hereby approved and shall be adhered to; and 2) That the color of the dish shall be gray to match the existing color of the cast stone of the building. McGee made the following disclosure respecting a conflict of interest on this matter: Madam 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 9:02 p.m. On a motion by Jurcisin, seconded by Kavanagh, it was: lie RESOLVED, that having considered a communication from the City Planning Commission, dated. July 6, 1992, which transmits its resolution 6-403-92, adopted on June 30, 1992, with regard to a sign permit application submitted by Perry Drugs requesting approval to erect two new wall signs on a building located at 33480 Seven Mile Road, 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 for Perry Drugs at 33480 Seven Mile, prepared by Signart Inc. is hereby approved and shall be adhered to; 2) That this approval is subject to the same conditions as set forth in Appeal Case No 9202-020 by the Zoning Board of Appeals; and 3) That any additions to this particular sign shall be reviewed by the City Planning Commission prior to any installation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, Jurcisin, and Taylor. IwoNAYS: Feenstra, Ochala, and Toy. The President declared the resolution denied. 27135 On a motion by Ochala, seconded by Feenstra, it was: ihmRESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1992, which transmits its resolution 6-403-92, adopted on June 30, 1992, with regard to a sign permit application submitted by Perry Drugs requesting approval to erect two new wall signs on a building located at 33480 Seven Mile Road, the Council does hereby reject the recommendation of the City Planning Commission and deny the said sign permit application. On a motion by Jurcisin, seconded by Taylor, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1992, which transmits its resolution 6-403-92, adopted on June 30, 1992, with regard to a sign permit application submitted by Perry Drugs requesting approval to erect two new wall signs on a building located at 33480 Seven Mile Road, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the referral resolution with the following result: AYES: Jurcisin and Taylor. lirNAYS: Feenstra, Kavanagh, Ochala, and Toy. The President declared the referral denied A roll call vote was taken on the resolution to deny with the following result: AYES: Feenstra, Ochala, and Toy. NAYS: Kavanagh, Jurcisin, and Taylor. The President declared the resolution denied On a motion by Jurcisin, seconded by Taylor, it was: #604-92 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1992, which transmits its resolution 6-403-92, adopted on June 30, 1992, with regard to a sign permit application submitted by Perry Drugs requesting approval to erect two new wall signs on a building located at 33480 Seven Mile Road, the Council does hereby refer this item to the next Study session to be conducted on August 10, 1992. 27136 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, Jurcisin, Taylor, Ochala, and Toy. NAYS: Feenstra. The President declared the resolution adopted. McGee returned to the podium at 9:17 p.m On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: #605-92 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1992, which transmits its resolution 6-405-92, adopted on June 30, 1992, with regard to a sign permit application submitted by Paddy Sign Co. requesting approval to replace sign faces for Corey Home Furniture, located at 19711 Middlebelt Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following conditions: lbw 1) That the sign plan for Corey Home Furniture at 19711 Middlebelt Road prepared by Paddy Sign Co. is hereby approved and shall be adhered to; and 2) That the existing building and landscaping be upgraded to the satisfaction of the Inspection Department prior to the issuance of the occupancy permit. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #606-92 RESOLVED, that having considered a communication dated July 8, 1992, from the Department of Law transmitting for Council acceptance a Quit Claim Deed, more particularly described as: Quit Claim Deed dated June 23, 1992, executed by Joseph A Lanzon, a married man, and Barbara Lanzon, his wife, for the following property described as: The East 27 feet of the following parcel of land: The South 200 feet of the North 427 feet of Lots 200 and 201, Supervisor's Livonia Plat No 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being a part of Iww the South 5/8 of the N E 1/4 and East 1/2 of the North 3/8 of the N E. 1/4 of Section 33, T 1 S. , R 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan, except the West 25 feet of Lot 201. (129-01-0200-006 - Farmington Road right-of-way) 27137 the Council does hereby, for and on 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 Ochala, seconded by Feenstra, it was: WHEREAS, pursuant to due and proper notice published and mailed to all property owners in a Special Assessment District for a proposed street improvement consisting of 4" of asphalt over the existing roadway, approximately 20 to 22 feet wide (Alternate IV) of Grove Street, west of Merriman in the Northeast 1/4 of Section 15, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, July 13, 1992, at 7:30 p.m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in the Special Assessment District; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated May 19, 1992, in the amount of $22,796.80, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) percent per annum on the unpaid balance of the assessment from December 1, 1992. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1993 and subsequent installments on December 1st of succeeding years; 27138 (4) Pursuant to the provisions of Section 3 08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3.08.190. Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1, 1992; (5) The first installment shall be spread upon the 1993 City tax roll in the manner required by Section 3 08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1, 1992 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08 220 then there shall be spread upon the ime tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay 15% of the paving costs ($4,022.96), 100% of drainage costs ($9,775.00) for a total amount of $13,797.96 A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra and Ochala. NAYS: Kavanagh, McGee, Jurcisin, Taylor, and Toy. The President declared the resolution denied. On a motion by Feenstra, seconded by Taylor, it was: #607-92 RESOLVED, that the Council does hereby request that the Department of Law submit a report and recommendation on the question of whether Lots 63 and 64 of the Nottingham Woods Subdivision may properly be afforded access by the installation of drive approaches to Grove Street west of Merriman; FURTHER, the Council does hereby request a report and recommendation on the question of whether such properties should be included as part of a special assessment district with respect to any road improvements which may be made on Grove Street west of Merriman. 27139 A roll call vote was taken on the foregoing resolution with the following Ibr result: AYES: Feenstra, McGee, Jurcisin, Taylor, Ochala, and Toy. NAYS: Kavanagh. The President declared the resolution adopted. On a motion by Taylor, seconded by McGee, and unanimously adopted, it was: #608-92 RESOLVED, that the City Assessor having prepared an S.A.D. dated May 19, 1992, pursuant to Council Resolution 400-92, adopted on May 13, 1992, and in accordance with the provisions of Section 3.08.060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the street improvement of Grove, west of Merriman in the Northeast 1/4 of Section 15, T 1S , R. 9E. , City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on July 13, 1992, pursuant to Council Resolution 457-92, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #609-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 13, 1992, which bears the signature of the Finance Director, is approved as to form by the City Attorney and is approved for submission by the Mayor, and to which is attached an agreement between the Michigan Department of Transportation and the City of Livonia which would provide for the Federal Highway Administration assuming $362,000.00 (80%) and the City of Livonia assuming $90,500.00 (20%) of the total estimated cost of $452,500.00 for the reconstruction and widening of Seven Mile Road intersections at Gill Road and Wayne Road, the Council does hereby authorize the Mayor and City Clerk to execute the said agreement in behalf of the City of Livonia, in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. 27140 On a motion by Taylor, seconded by Kavanagh, and unanimously limadopted, it was: #610-92 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 Taylor, and unanimously adopted, it was: #611-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 20, 1992, and submitted pursuant to Council Resolution 190-92 with regard to a proposal to appoint alternate members to the Zoning Board of Appeals, the Council does, pursuant to Section 23.01(a) of Zoning Ordinance 543, request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether Article XXI of Zoning Ordinance 543 should be amended so as to authorize the appointment of two alternate Members to the Zoning Board of Appeals in accordance with the provisions of MCL 125.585. On a motion by Ochala, seconded by Kavanagh, and unanimously Iwoadopted, it was: #612-92 RESOLVED, that having considered a communication from the City Planning Commission, dated May 20, 1992, which sets forth its resolution 5-372-92, adopted on May 5, 1992, with regard to Petition 92-2-1-4, as amended, submitted by Ledford & Grifka, P.0 for Northwest Alano Club for a change of zoning on property located on the east side of Newburgh Road south of Ann Arbor Trail in the Southwest 1/4 of Section 32, from RUF to C-1 and P, and the Council having conducted a public hearing with regard to this matter on July 20, 1992, pursuant to Council Resolution 455-92, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 92-2-1-4, as amended, is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #613-92 RESOLVED, that having considered a communication from the City Planning Commission, dated May 19, 1992, which sets forth its resolution 5-363-92, adopted on May 5, 1992, with regard to Petition 92-3-1-6, submitted by Lidia Veri for Livonia Builders, Inc. , for a change of zoning on property located on the south side of Six Mile Road between Henry Ruff and Merriman Roads 271 41 in the Northwest 1/4 of Section 14 from RUFC to R-2, and the lbw Council having conducted a public hearing with regard to this matter on July 20, 1992, pursuant to Council Resolution 455-92, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #614-92 RESOLVED, that having considered a communication from the City Planning Commission, dated May 20, 1992, which sets forth its resolution 5-369-92, adopted on May 5, 1992, with regard to Petition 92-3-6-1, initiated by the City Planning Commission on its own motion to determine whether to amend the Zoning Ordinance so as to establish filing fees for site plan approval and to increase filing fees for waiver use approval, and the Council having conducted a public hearing with regard to this matter on July 20, 1992, pursuant to Council Resolution 455-92, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. On a motion by Ochala, seconded by Taylor, and unanimously adopted, it was: #615-92 RESOLVED, that having considered a communication from the City Planning Commission, dated May 20, 1992, which sets forth its resolution 5-370-92, adopted on May 5, 1992, with regard to Petition 92-3-6-2, initiated by the City Planning Commission on its own motion to determine whether to amend Section 31.02 of the Zoning Ordinance so as to provide that certain privately owned property could also be eligible to be rezoned to an NP (Nature Preserves) zoning district, and the City Council having conducted a public hearing with regard to this matter on July 20, 1992, pursuant to Council Resolution 455-92, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. No one in the audience wished to speak during the audience communication portion at the end of the meeting. On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, this 1,229th Regular Meeting of the Council of the City of Livonia was adjourned at 9:33 p.m. , July 22, 1992. (//)-0.44-1 ))14 LW ✓ tan McCotter, City Clerk