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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-04-03 26388 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETY EIGHTH REGULAR MEETING to OF THE COUNCIL OF THE CITY OF LIVONIA On April 3, 1991 , the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 02 P.M. Councilman Taylor delivered the invocation. Roll was called with the following result• Present• Laura Toy, Robert R Bishop, Gerald Taylor, Fernon P Feenstra and Joan McCotter, Absent: Dale Jurcisin and Ron Ochala (both on vacation). Elected and appointed officials present Robert F Nash, City Clerk, Harry Tatigian, City Attorney, Robert D Bennett, Mayor, H. Shane, Assistant Planning Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs, John Fegan, Director of Building Inspection, Suzanne Wisler, Director of Community Resources, James Inglis, Executive Director of the Livonia Housing 110 Commission, Lee B. Grieve, Chief of Livonia Police and James Andres, Chief Accountant. On a motion by Councilwoman Toy, seconded by Councilman Feenstra, and unanimously adopted*, it was #254-91 RESOLVED, that the minutes of the 1 ,197th Regular Meeting of the Council of the City of Livonia, held March 20, 1991 are hereby approved. *Councilwoman Toy abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04.190B of the Livonia Code of Ordinances The Council congratulated and commended William T Phillips, President, Phillips Service Industries, Incorporated as well as Orvin Fergerson, Ralph Hight, Douglas Maxwell , Kenneth Pernak, Luciano Staffani , William Williamson, Martin Lassen, 26389 Nick Lechman, William Orlik, Daniel Schemanske, John Dutton and Fred McCrory of ilso Phillips Service Industries Repair Services, Incorporated, BallScrew Division for their efforts regarding the Patriot missiles during Operation Desert Storm. A communication from the Director of Finance, dated March 18, 1991 forwarding the various financial statements of the City of Livonia for the month ending January 31 , 1991 was received and placed on file for the information of the Council . At the direction of the Chair, Items 2, 3 and 4 were removed from the Consent Agenda. On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #255-91 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated February 20, 1991 , the Council does hereby approve of the request from The Ground Round, Inc. (a Delaware Corporation) to transfer all stock in a 1989 Class C Licensed Business with Dance Permit and Entertainment Permit without Dressing Rooms, located at 17050 S. Laurel Park, Livonia, MI 48154, Wayne County, by dropping Hansen Group (USA) Limited as stockholder through transfer of 1 ,000 shares of stock to new stockholder, Ground Round Holdings, Inc (Public Corporation) , and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #256-91 RESOLVED, that having considered a communication from the Superintendent of Parks & Recreation dated March 6, 1991 , approved for submission by the Mayor and Finance Director and to which is attached a proposed contract between the City of Livonia and Gary L. Whitener, Golf Professional , with respect to the Whispering Willows Golf Course and Idyl Wyld Golf Course, and a proposed contract between the City of Livonia and Thomas J. Welsh, Golf Professional , with respect to Fox Creek Golf Course, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #257-91 RESOLVED, by the City Council of the City of Livonia, that the annual Memorial Day Celebration be, and hereby is approved for Saturday, May 25, 1991 , beginning at 9.30 a.m. , and that the Wayne County Road Commission is hereby requested 26390 lw• to close Five Mile Road from Merriman to Farmington Road, Farmington Road between Lyndon and Five Mile, May 25, 1991 , between the hours of 9:00 a.m. and 12:00 p.m. or until the road is returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, and that Lt. Leon S. Dater is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia. #258-91 RESOLVED, that having considered a letter from the Optimist Club of Livonia, Inc dated March 19, 1991 , wherein permission is requested to conduct the Second Annual Livonia Spree 8K Run on Sunday, June 30, 1991 , commencing at 8:30 a.m. , as well as a non-competitive 5K walk, with the start and finish to be in the vicinity of Stark and Perth adjacent to Spree grounds, and which request further indicates that the City of Livonia, HFM and the Livonia Anniversary Committee will be named as additional insureds on the policy carried through Optimist International , the Council does hereby grant and approve this request in the manner and form submitted, subject to the approval of the Police Department #259-91 RESOLVED, that having considered a communication from the Chief of Police dated March 4, 1991 , which bears the signature of the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed inter-local government agreement creating the Western Wayne County Narcotic Unit, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said agreement in the manner and form herein submitted. #260-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated March 6, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Capital Building Supply Co. , 14295 Schaefer, Detroit, Michigan 48227, for supplying the Public Service Division (Road Maintenance Section) with air entrained cement for a total estimated cost of $6,345.00 for the period through March 31 , 1992, the same having been in fact the lowest bid received and meets all specifications, FURTHER, in the event the aforesaid low bidder is unable to furnish the material , the Council does hereby accept the second low unit price bid of Borin Builders Supply, 22001 Groesbeck, Warren, Michigan 48089, as an alternate, for a total estimated price of $6,675.00 for the period through March 31 , 1992 #261-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated March 7, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of National Ready-Mix, Inc. , 39000 Ford Road, 26391 Westland, Michigan 48185, for supplying the Public Service Division (Road Maintenance Section) with Readymix Concrete for a total estimated price of $55,200.00 for the period through March 31 , 1992, the same having been in fact the lowest bid received which meets specifications, FURTHER, in the event the aforesaid low bidder is unable to furnish the material , the Council does hereby accept the second low unit price bid of Clawson Concrete Company, P.O. Box 768, Novi , Michigan 48374, for a total estimated price of $56,004.00 for the period through March 31 , 1992. #262-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated March 7, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid per ton through March 31 , 1992: (1 ) Hayball Transport, Inc. , 12550 Farmington Road Livonia, Michigan 48150 M.D.O.T. - 22A - S.O.R. $4.80 per ton W C.R.C. - 3A - D.T.Y. 9.00 per ton M.D.O.T - 25A - D.T.Y. (Slag) 9.05 per ton M.D.O.T. - 31A - D.T.Y. W.0 R.C. 22X - D.T.Y. 9 05 per ton 5.13 per ton W.C.R.C. - 30A - D.T.Y. 6.50 per ton W.0 R.C. - Porous Backfill - Grade A - D.T.Y. 3.35 per ton (2) Metro Transport, 30069 Wixom Road, Wixom, Michigan 48393 M.D.O.T. - 21A - D.T.Y. $5.10 per ton M D.O.T. - 22A - D.T.Y. 4.75 per ton W.C.R.C. - Porous Backfill Grade B - D.T.Y. 5 05 per ton W.C.R.C. - 2NS - Natural Sand D.T.Y. 4 20 per ton W.C.R.C. - 2MS - Mortar Sand - D.T.Y. 6.95 per ton Pea Gravel - D.T.Y. 6.85 per ton (3) Suburban Transport, Inc. , 54630 Pontiac Trail , Milford, Michigan 48381 M.D.O.T. - 21A - S.O.R. $5.11 per ton W.C.R.C. - 3X - D.T.Y. 6.91 per ton t. 60-40 Washed - Conc. Aggregates D.T.Y. 7.89 per ton 26392 (4) Holloway Sand 7 Gravel Co , Inc. , 29250 Wixom Road, Wixom, Michigan 48393 M.D.O.T. - 9A - D.T.Y $7.82 per ton M.D.O.T. - 9A - S.O.R. 7.82 per ton M.D.O.T. - 25A - D.T.Y. (Stone) 9 50 per ton (5) Rock-Way, Inc. , 35200 Northline, P 0. Box 219, Romulus, Michigan 48174 M D.O.T. - 21AA - Limestone $6 18 per ton 1263-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated March 11 , 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for bituminous materials, as well as the following alternative second low bids for the period through April 15, 1992 (1 ) The low bid of Nagle Paving Co. , 30630 W. 12 Mile Road, Farmington Hills, Michigan 48334, is accepted to supply the Public Service Division (Road Maintenance Section) with 12 WM asphaltic concrete at the unit price of $24 50 per ton, 16 In the event the lowest bidder is unable to furnish the material , the second lowest bid of Ajax Materials Corporation, P 0 Box 317, Madison Heights, Michigan 48071 is accepted as an alternate to supply the Public Service Division (Road Maintenance Section) with 12 WM asphaltic concrete at the unit price of $22 00 per ton, (2) The low bid of Nagle Paving Co , 30630 W 12 Mile Road, Farmington Hills, Michigan 48334 is accepted to supply the Public Service Division (Road Maintenance Section) with 1100 asphaltic concrete at the unit price of $20 50 per ton, In the event the lowest bidder is unable to furnish the material , the second lowest bid of Angelo' s Asphalt Materials, 26400 Sherwood, Warren, Michigan 48089 is accepted as an alternate to supply the Public Service Division (Road Maintenance Section) with 1100 asphaltic concrete at the unit price of $18 45 per ton, (3) The low bid of Barrett Paving Materials, Inc , 13501 Huron River Drive, Romulus, Michigan 48174 is accepted to supply the Public Service Division (Road Maintenance 26393 Section) with cold patch asphaltic material at the losunit price of $32.40 per ton, In the event the lowest bidder is unable to furnish the material , the second lowest bid of Ajax Materials Corporation, P.O. Box 317, Madison Heights, Michigan 48071 is accepted as an alternate to supply the Public Service Division (Road Maintenance Section) with cold patch asphaltic material at the unit price of $32. 50 per ton, and (4) The low and only bid of Barrett Paving Materials, Inc. , 13501 Huron River Drive, Romulus, Michigan 48174 is accepted to supply the Public Service Division (Road Maintenance Section with cold patch, U.P.M. Sylvax Brand, at the unit price of $60 00 per ton #264-91 RESOLVED, that having considered the report and recommendation of the Historical Commission and the Director of Community Resources dated March 18, 1991 , approved by the Finance Director and approved for submission by the Mayor, wherein permission is requested to place the street name of Joshua Simmons Drive on the east/west road which bisects the Greenmead property as shown on the attached map, which roadway is to be maintained as a private road, the Council does hereby liw concur in and approve of such action. #265-91 RESOLVED, that having considered a communication from the Historical Commission dated March 14, 1991 , 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 cash donations in a total amount of $675.00 from the family and friends of James Trenner, which donations are to be credited to and deposited in Account 723-000-690-010 to be used to establish a perennial flower garden in memory of James Trenner. #266-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 13, 1991 , approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Michigan Joint Sealing, Inc , 35970 Quakertown, Farmington Hills, MI 48331 for the 1991 Pavement Joint and Crack Sealing Program for the estimated total cost of $88,768 85, 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 and authorize the expenditure of the sum of two $88,768.85 from the Michigan Transportation Fund ($17,753 77 from the Major Road Account and $71 ,015.08 from the Local Road 26394 Account) , 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. #267-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 19, 1991 , approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Selecta Cement Contractors, Inc. , 6326 Denton Drive, Troy, Michigan 48098 for the 1991 Concrete Pavement and Catch Basin Repair Program for the estimated total cost of $142,789.00, 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 in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum of not to exceed $142,789.00 from the $12 million General Obligation Road Improvement Bond Issue 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 1268-91 RESOLVED, that having considered a report and recommendation from the Engineering Department dated March 18, 1991 and approved for submission by the Mayor, the Council does hereby modify and amend Council Resolution 432-88, adopted May 4, 1988, Council Resolution 595-88, adopted June 22, 1988, Council Resolution 796-88, adopted August 17, 1988, and Council Resolution 609-89, adopted June 21 , 1989, said actions of the Council previously been taken with respect to the acceptance of the Warranty and Quit Claim Deeds for the dedications of Munger Avenue in the N W. 1/4 of Section 14, respectively as follows• C.R. 432-88 - A Warranty Deed dated April 18, 1988, executed by Helen D. Smalley, Trustee of Helen D. Smalley Trust, conveying to the City certain property described as follows The South 30 feet of the following described parcel That part of the N W 1/4 of Section 14 described as beginning at a point distant due West 987.0 feet and South 0°11West Lof 60 0 feet from the North 1/4 corner of Section 14 and proceeding thence due West along the South line of Six Mile Road 103.29 feet, thence South 0° 11 ' West 1205 77 feet, thence North 89° 26395 15' East 103.1 feet, thence North 0° 11 ' East 1204.42 feet to the point of beginning. (Munger Road right-of-way) Wayne County Bureau of Taxation Parcel 054-99-0007-000 and CR 595-88 - A Warranty Deed dated May 26, 1988, executed by John T. Sullivan and Dolores Sullivan, his wife, conveying to the City certain property described as follows. The South 30 feet of the following described parcel : That part of the N.W. 1/4 of Section 14 described as beginning at a point on the South line of Six Mile Road distant due West 1090.29 ft and South 0° 11 ' West 60.0 feet from the North 1/4 corner of Section 14 and proceeding thence due West along the South line of Six Mile Road 137.53 ft. , thence South 0° 11 ' West 1207. 58 ft. , thence North 89° 15' East 137.55 ft. , thence North 0° 11 ' East 1205.77 ft. to the point of beginning. (Munger Road right-of-way) Wayne County Bureau of Taxation Parcel 054-99-0008-000 and CR 796-88 - A Warranty Deed dated August 2, 1988, executed by Ralph K. Fulton, a single man, conveying to the City certain property described as follows The South 30 feet of the following described parcel : That part of the N.W. 1/4 of Section 14 described as beginning at a point on the South line of Six Mile Road distant due West 814.50 ft. and South 0° 11 ' West 60 0 ft. from the North 1/4 corner of Section 14 and proceeding thence due West along the South line of Six Mile Road 172. 50 ft. , thence South 0° 11 ' West 1204.42 ft. , thence North 89° 15' East 172.50 ft. , thence North 0° 11 ' East 1202.16 ft. to the point of beginning. (Munger Road right-of-way Part of Tax Parcel 46-54-99-0006-000) and CR 609-89 - A Quit Claim Deed dated May 24, 1989, executed by John C. Munro, survivor of himself and Cecile K. Munro, his deceased wife, conveying to the City certain property described as follows. The South 30 feet of the following described parcel : That part of the N.W. 1/4 of Section 14 described as beginning ti. at a point distant due West along the North section line 1227.82 feet and South 0° 11 ' West 663.79 ft. from the North 1/4 corner of Section 14 and proceeding thence South 0° 11 ' West 603.79 26396 ft. , thence South 89° 15' West 240 30 ft. , thence North 0° 11 ' East 603.79 ft , thence North 89° 15' East 240.30 feet to the point of beginning. (Munger Road right-of-way) Tax Parcel 46-054-99-0011-000 and, further, the Council does hereby determine to dedicate and relinquish a 60 foot wide right-of-way to be known as Industrial Road, which is described as follows: The North 60 feet of the South 369 feet of the following parcel of land* A parcel of land located in the N.E. 1/4 of Section 27, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as follows; The East 100.0 feet of the West 143.0 feet of the South 468.0 feet of the North 1/2 of the N.E. 1/4 of Section 27, T 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Industrial Road right-of-way - Part of Parcels 105-99-0004-000 and 105-99-0005-000) and the City Clerk is hereby requested to have the action herein taken by the Council recorded in the office of the Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, AND BE IF FURTHER RESOLVED, that said Munger Avenue and Industrial Road are improved public streets and are open for public street purposes; and further, that said streets are accepted into the City's Local Street System. 1269-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 18, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor with regard to the construction of a right turn lane in the northwest quadrant of Joy and Middlebelt, along with the resurfacing of all legs of the intersection in Livonia, the Council does hereby determine as follows: a. To approve and authorize an expenditure of $4,400.00 from the City' s Motor Transportation Fund (Major Road Account) for purposes of relocating two (2) street lights at the Middlebelt-Joy Road intersection by the Detroit Edison Company in connection with the Middlebelt improvement project; b. To approve and authorize an expenditure of $8,750.00 from the City' s Motor Transportation Fund (Major Road Account) , said amount being the City's estimated share kim of the Middlebelt-Joy Road improvement, and 26397 110. c. To authorize the Mayor and City Clerk to execute a tri-party agreement with the Michigan Department of Transportation and Wayne County for and on behalf of the City of Livonia for the improvement of Middlebelt Road at Joy Road. #270-91 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 11 , 1991 , approved for submission by the Mayor, the Council does hereby amend Item No. 7 of Council Resolution 886-88, adopted on September 14, 1988, as amended by Council Resolution 118-89, so as to reduce the Sidewalk Improvement Bond now on deposit with the City to $2,100.00 cash in the Ashley Estates Subdivision located in the Southeast 1/4 of Section 4, and the financial assurances now on deposit with the City, if any, shall be reduced, FURTHER, the Council does hereby authorize the release to Ashley Construction Co. , 34525 Glendale, Suite 202, Livonia, Michigan 48150, the proprietor of the Ashley Estates Subdivision, of the financial assurances previously deposited with respect to General Improvements and Soil Erosion in the amounts of $5,000.00 (of which $2,500.00 is cash) and $2,000.00 respectively, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. #271-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 26, 1991 , approved for submission by the Mayor, the Council does hereby rescind and repeal Council Resolution 890-90, which previously approved and confirmed Special Assessment Roll No. 348 with respect to the Gill Orchards Subdivision Street Lighting Project. #272-91 WHEREAS, pursuant to the direction of the City Council in its resolution 584-90, adopted on June 13, 1990, and in accordance with Section 3.08 140 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of February 26, 1991 an assessment roll dated February 26, 1991 for a street lighting improvement consisting of the installation of 100 watt high-pressure sodium lights with colonial post tops and underground wiring in Gill Orchards Subdivision located in the Southeast 1/4 of Section 4, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 584-90, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council ; that it is hereby ordered to be filed 26398 in the office of the City Clerk for public examination, that 116. the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3.08.110 of the Livonia Code of Ordinances, as amended,to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, May 8, 1991 at 7:30 p.m. to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 8, 1991 ; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor' s office. #273-91 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1991 , which sets forth its resolution 3-40-91 adopted on March 5, 1991 , with regard to a request for a one-year extension of Revised Site Plans submitted in connection with Petition 86-6-8-33 by Chestnut Hills for the construction of a multi-use complex on the east side of Haggerty Road between Seven and Eight Mile Roads in Section 6, the Council does hereby concur in the recommendation of the Planning Commission and grant the additional one-year extension subject to compliance with all of the conditions set forth in the action taken by the Planning Commission in its resolution 2-44-89 adopted on February 28, 1989. #274-91 RESOLVED, that having considered a communication from the City Planning Commission dated March 6, 1991 which transmits its resolution 3-39-91 adopted on March 6, 1991 with regard to Petition 91-1-2-2 submitted by Richard George requesting waiver use approval to utilize SDD and SDM licenses in connection with an existing retail building located on the south side of Plymouth Road between Middlebelt and Milburn in the Northeast 1/4 of Section 35, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A communication from the Executive Director of the Livonia Housing Commission dated March 18, 1991 re Livonia Housing Commission Financial Statements, Fiscal Jam ear Ending December 31 , 1990 was received and placed on file for the information 26399 yi the Council . #275-91 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated January 9, 1991 , and the report and recommendation of the Chief of Police dated March 22, 1991 , the Council does hereby approve of the request from L.Y.L.E. Enterprises, Inc. (Foodland) to transfer ownership of 1990 SDM Licensed Business from WGJ, Inc. for a business located at 33151 Plymouth, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 1276-91 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 8, 1991 at 7:30 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan with respect to the following item. Petition 91-1-1-2, submitted by Dave Pink and 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 to R-1 , the City Planning Commission in its resolution 3-41-91 having recommended to the City Council that Petition 91-1-1-2 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 registered 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 Ift. AYES Taylor, Feenstra, Toy, Bishop and McCotter. NAYS. None 26400 On a motion by Councilman Feenstra, seconded by Councilwoman Toy, 1L4 and unanimously adopted, it was #277-91 RESOLVED, that having considered a letter from Gerald M. Soborowski , Attorney at Law, dated March 7, 1991 , submitted in behalf of Nicholis D. Harris and Linda L. Harris, his wife, concerning a title problem with respect to Lot 99 of the Westmore Subdivision by reason of non-payment of back taxes, and having also considered a letter from the Department of Law, dated March 27, 1991 , approved for submission by the Mayor, with regard to this matter, the Council does hereby receive and file the same On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #278-91 RESOLVED, that having considered a letter from Gerald M. Soborowski , Attorney at Law, dated March 7, 1991 , submitted in behalf of Nicholis D Harris and Linda L. Harris, his wife, concerning a title problem with respect to Lot 99 of the Westmore Subdivision by reason of non-payment of back taxes, and having also considered a letter from the Department of Law, dated March 27, 1991 , approved for submission by the Mayor, with Lsregard to this matter, the Council does hereby authorize the sale of Lot 99 in Westmore Subdivision located at 19301 Westmore, Livonia, Michigan to Nicholis D Harris and Linda L. Harris, his wife, for a total price of $6,027 71 , which sum would recupe the present tax arrearage as well as special assessments incurred by the City with respect to this property and which sale is conditioned upon the purchaser providing any title work as may be required for this transaction, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a Quit Claim Deed 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 legal documents as may be necessary to consummate this transaction On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #279-91 RESOLVED, that having considered Petition 91-3-3-1 submitted by Anthony Jablonski , 11645 Jarvis, Livonia, Michigan, received by the office of the City Clerk on March 20, 1991 , wherein a request is made for the vacating of South Drive adjacent to 11645 Jarvis, the Council does hereby refer this limy item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance, such vacation to include South Drive in its entirety 26401 On a motion by Councilman Feenstra, seconded by Councilman Taylor, nd unanimously adopted, it was #280-91 RESOLVED, that having considered a letter from the 1991 Walk for Mankind Chairman of the Livonia Jaycees dated March 10, 1991 , with regard to the 20th Annual Walk for Mankind to be conducted on Saturday, May 18, 1991 from approximately 7.30 a.m. to 5:00 p.m. on the route shown on the attachment, the Council does hereby authorize and approve the said Walk for Mankind, including the use of the Eddie Edgar Ice Arena and the waiver of fees in connection therewith, as well as the waiver of fees with regard to providing public safety assistance by the use of Police Auxiliary personnel as requested in the aforesaid letter, FURTHER, the Council does hereby deny the request for a waiver of fees with respect to the use of the Department of Parks and Recreation Showmobile On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #281-91 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated March 19, 1991 and submitted with regard to Newburgh Village, the 120 unit Senior Citizen housing complex being developed on City-owned property on the west side of Newburgh Road between Amrhein and Plymouth Road, the Council does hereby take this means to indicate that it approves three brown earth tone bricks for exterior, one beige color siding and one multi-brown color shingle for this project, the Council does further approve the proposed community building as presented and units interior with antique white countertops. A communication from the Capital Improvement Committee, dated March 20, 1991 re the Idyl Wyld Irrigation System, Review of Plans was received and placed on file for information of the Council . On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #282-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 27, 1991 , submitted pursuant to Council Resolution 761-90 in connection with a communication from the City Planning Commission tww dated July 31 , 1990, which transmits its resolution 7-400-90 26402 111 adopted on July 17, 1990, with regard to Petition 90-6-2-18, submitted by Kmart Corporation, requesting waiver use approval to expand the area utilized for outdoor sales of plants and garden supplies on property located on the south side of Plymouth Road and Milburn Avenue in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 90-6-2-18 is hereby approved and granted, subject to compliance with the same conditions set forth in the aforesaid recommendation of the Planning Commission as well as all of the requirements prescribed in the ordinance amendment to Section 11 .03(1 ) , pursuant to Petition 90-9-6-7, including the installation of a fence on the boundaries of the sales and display area. A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Toy, Bishop and McCotter. NAYS Feenstra. The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Taylor, to was 1283-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 27, 1991 , submitted pursuant to Council Resolution 762-90 in connection with a communication from the City Planning Commission dated July 31 , 1990, which transmits its resolution 7-401-90 adopted on July 17, 1990, with regard to Petition 90-6-2-19, submitted by Kmart Corporation, requesting waiver use approval to expand the area utilized for outdoor sales of plants and garden supplies on property located on the north side of Seven Mile Road between Farmington Road and Norwich Avenue in the Southeast 1/4 of Section 4, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 90-6-2-19 is hereby approved and granted, subject to compliance with the same conditions set forth in the aforesaid recommendation of the Planning Commission as well as all of the requirements prescribed in the ordinance amendment to Section 11 .03(1 ) , pursuant to Petition 90-9-6-7, including the installation of a fence on the boundaries of the sales and display area. A roll call vote was taken on the foregoing resolution with the following result. Irp■ AYES. Taylor, Toy, Bishop and McCotter. NAYS Feenstra. The President declared the resolution adopted. 26403 On a motion by Councilman Bishop, seconded by Councilman Taylor, Lit was #284-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 27, 1991 , submitted pursuant to Council Resolution 763-90 in connection with a communication from the City Planning Commission dated July 31 , 1990, which transmits its resolution 7-402-90 adopted on July 17, 1990, with regard to Petition 90-6-2-20, submitted by Builders Square, Inc. , requesting waiver use approval to expand the area utilized for outdoor sales of plants and garden supplies on property located on the north side of Plymouth Road between Middlebelt Road and Tech Center Drive in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 90-6-2-20 is hereby approved and granted, subject to compliance with the same conditions set forth in the aforesaid recommendation of the Planning Commission as well as all of the requirements prescribed in the ordinance amendment to Section 11 .03(1 ), pursuant to Petition 90-9-6-7, including the installation of a fence on the boundaries of the sales and display area. A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Bishop and McCotter. NAYS Feenstra and Toy. The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was 1285-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 27, 1991 , submitted pursuant to Council Resolution 1003-90 in connection with a communication from the City Planning Commission , dated August 31 , 1990, which sets forth its resolution 8-428-90 adopted on August 28, 1990 with regard to Petition 90-7-1-15, submitted by Allen Gottlieb and David Bittker for Canterbury Park Associates for a change of zoning on property located on the north side of Seven Mile Road, between Osmus and Mayfield in the Southwest 1/4 of Section 3, from R-9 to R-7, and the Council having conducted a public hearing with regard to this Ir. 26404 matter on October 22, 1990, pursuant to Council Resolution 840-90, the Council does hereby reject the recommendation of the Planning Commission and Petition 90-7-1-15 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #286-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 27, 1991 and submitted pursuant to Council Resolution 1092-90 in connection with a letter from the Assistant Planning Director and the Director of Housing dated November 13, 1990 and approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and the Fair Housing Center of Metropolitan Detroit, Room 1340, 1249 Washington Boulevard, Detroit, Michigan 48226, wherein the latter would prepare for the City a Fair Housing Needs Analysis which is a requirement for compliance with Community Development Block Grant Regulations, the Council does hereby determine to take no further action On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #287-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 27, 1991 and submitted pursuant to Council Resolution 64-89 in connection with a letter from the Michigan Liquor Control Commission, dated October 20, 1988, and the report and recommendation of the Chief of Police dated December 19, 1988, regarding a request from Bonnie Sitto for transfer of a 1988 SDM licensed business from Juanita A. Arnold for a business located at 29211 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in non-compliance with the requirements prescribed in the Livonia Code of Ordinances, and the Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 140. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 26405 16 1288-91 RESOLVED, that the Council does hereby request the City Treasurer submit a report with regard to the tax status of the Quick Stop Party Store located at 29211 Five Mile Road, Livonia, Michigan 48154. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 20 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 90-10-1-24) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Taylor, Feenstra, Toy, Bishop and McCotter. NAYS None The President declared the foregoing Ordinance duly adopted, and would become IL* 'fective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 36 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 90-10-1-27) A roll call vote was taken on the foregoing Ordinance with the following result: AYES• Taylor, Feenstra, Toy, Bishop and McCotter NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication 26406 16 Councilman Bishop took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE AMENDING SECTION 11 .03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE". (Petition 90-9-6-7) A roll call vote was taken on the foregoing Ordinance with the following result: AYES. Taylor, Bishop and McCotter. NAYS• Feenstra and Toy The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilwoman Toy gave first reading to 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 90-11-1-30) 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. Councilman Taylorgave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 20 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 90-11-1-33) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances the office of the City Clerk and is the same as if word for word repeated 26407 ihm rein. The above Ordinance was placed on the table for consideration at the next regular meeting. On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #289-91 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated January 15, 1991 and the report and recommendation of the acting Chief of Police dated February 21 , 1991 , the Council does hereby approve of the request from Larry W. Snedeker and Ellen M. Snedeker, stockholders in Larry W Snedeker & Associates, Inc , to transfer ownership of 1990 Class C Licensed Business with Dance Permit from Hot Shot, Inc, 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 Councilman Taylor, seconded by Councilman Bishop, and uanimously adopted, it was #290-91 RESOLVED, that having considered the report and recommendation of the Chief of Police dated March 18, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Alley T & Gifts, 103 S Jeffery, Ithaca, MI 48847, for supplying the Division of police with T-shirts and hats for the D.A R E. Program for a total price of $11 ,438 00, the same having been in fact the lowest bid received and meets all specifications On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was #291-91 RESOLVED, that having considered the report and recommendation of the Historical Commission and the Director of Community Resources dated March 6, 1991 , approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed fee structure for various activities at Greenmead, the Council does hereby approve of the said fee structure in the manner and form herein submitted. 4 roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Toy, Bishop and McCotter 26408 LNAYS. Feenstra. he President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #292-91 RESOLVED, that having considered the report and recommendation of the Historical Commission and the Director of Community Resources dated March 11 , 1991 , approved by the Finance Director and approved for submission by the Mayor, to which is attached the 1991 Greenmead Development Plan and priority list and which sets forth information with regard to the proposed use of Post Office funds in 1991 at Greenmead, the Council does hereby appropriate and authorize the expenditure of the sum of $2,000.00 from Post Office funds for the restoration of the front porch steps at the parsonage. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #293-91 RESOLVED, that the Council does hereby request that the Historical Commission and the Finance Director submit their respective reports on the amount and extent to which funds have been expended in connection with Greenmead and the facilities located thereon. On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #294-91 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission dated March 18, 1991 , approved for submission by the Mayor, to which is attached a Supplemental Mortgage Agreement and Indenture of Trust for the sale of certain property to L P.R. Associates (Powerscourt) by Laurel Park Elderly Housing I (Brashear Tower) , the Council does hereby authorize the Livonia Housing Commission as well as the Mayor and City Clerk, for and on behalf of the City of Livonia, to approve and execute the said agreement in the manner and form herein submitted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, is Id unanimously adopted, it was 26409 #295-91 RESOLVED, that having considered a communication from the Department of Law, dated March 14, 1991 approved by the Finance Director and approved for submission by the Mayor, with respect to the sale of property located at 9269 Lamont, the legal description of which is: Lot 374, Golden Ridge Subdivision, No. 1 , according to the plot thereof as recorded in Liber 62, Page 94 of Plats Wayne County Recorder. the Council does hereby authorize the sale of the property to Livonia Schools from the City of Livonia for the price of $15,000.00 cash which sale is conditional upon purchaser being able to obtain a building permit and providing that such title work as may be required for this transaction be the obligation of the purchaser; any special assessments, taxes, water bills or other charges presently delinquent upon the property shall be paid from the proceeds of the sale, this action is being taken to best serve the interests of the community in accordance with 3.05.090(C) of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are authorized, for and on behalf of the City of Livonia to execute a quit claim deed 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 legal documents as may be necessary to consummate this transaction. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #296-91 RESOLVED, that having considered a communication from the City Treasurer dated March 20, 1991 with regard to Superior Robotics, located at 32675 Schoolcraft, Livonia, Michigan, the Council does hereby request that the Treasurer submit a report and recommendation which would clarify this item. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #297-91 RESOLVED, that having considered proposed sign plans submitted in behalf of JTL, Incorporated, the tenant of the Fox Creek Clubhouse Restaurant, the Council does hereby take this means to indicate that it approves of the installation of the proposed sign plans as revised and submitted on April lome 3, 1991 , subject to compliance with the following conditions: 26410 1 . With the exception of the actual changeable sign area, the balance of the monument ground sign shall be entirely constructed of brick which is compatible with the Clubhouse building; 2. The proposed signage on the Clubhouse building shall have the words "Tavern on the Green" located above ("not below") the word "restaurant"; 3. The Council shall be provided by the petitioner with an accurate perspective rendering of the said signs in the colors to be used thereon. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #298-91 RESOLVED, that having considered a communication from the Council President dated March 25, 1991 which suggests that the City Council conduct a public forum once a month for the purpose of receiving public input on issues, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #299-91 RESOLVED, that having considered a communication from the Mayor dated March 21 , 1991 , the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $3,492.38 from the "Yes, Livonia Recycles Committee," the same to be designated for use in public education and recycling. On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #300-91 RESOLVED, that having considered a communication from the Livonia Arts Commission dated March 27 , 1991 , approved by the Finance Director and approved for submission by the Mayor, wherein permission is requested to charge an admission fee of $10.00 per person to cover the costs for the Livonia Arts Commission sponsoring a brunch at the Civic Center Library with entertainment provided by the Felicity Strings, the Council does hereby concur in and approve of this request ib. 26411 On a motion by Councilman Feenstra, seconded by Councilman Taylor, and nanimously adopted, this 1 ,198th Regular Meeting of the Council of the City of Livonia was adjourned at 8:55 P.M. , April 3, 1991 . %44.t Robert F. Nash, City Clerk