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HomeMy WebLinkAboutCOUNCIL MINUTES 1990-07-2525907 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND EIGHTY FIRST REGULAR MEETING L OF THE COUNCIL OF THE CITY OF LIVONIA On July 25, 1990, 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 8:00 P.M Councilman Taylor delivered the invocation. Roll was called with the following result Present. Laura Toy, Robert R Bishop, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P Feenstra and Joan McCotter, Absent None Elected and appointed officials present Robert F. Nash, City Clerk, Cathryn Kerby White, Assistant City Attorney, Robert D Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer, David Preston, Director of Finance, William Crayk, Chief of Police, John Fegan, Director of Building Inspection; James Inglis, Housing Director, Suzanne Wisler, Director of Community Resources, Douglas Pakkala, Public Utilities Manager, Ron Reinke, Superintendent of the Department of Parks and Recreation, James McCann, Planning Commission and Bonnie Johnson, Administrative Assistant, Council Office On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted*, it was #654-90 RESOLVED, that the minutes of the 1,180th Regular Meeting of the Council of the City of Livonia, held July 9, 1990 are hereby approved *Councilmen Ochala and Feenstra abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04.190B of the Livonia Code of Ordinances. On a motion by Councilman Taylor, seconded by Councilwoman Toy, Land unanimously adopted*, it was #655-90 RESOLVED, that the minutes of the 208th Special Meeting of the Council of the City of Livonia, held July 16, 1990 are hereby approved. *Councilman Feenstra abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04 1906 of the Livonia Code of Ordinances. A communication from the City Attorney, dated July 12, 1990, re Cynthia Iacovacci. Wayne County Circuit Court Case No. 90-013398AS was received and placed on file for the information of the Council A communication from the City Attorney, dated July 13, 1990 re Meadowdale Foods, Inc v City of Livonia, et al, Court of Appeals No. 123321 was received and placed on file for the information of the Council it was On a motion by Councilman Taylor, seconded by Councilman Jurcisin, #656-90 RESOLVED, that having considered an application from Mary Ellen Cannon, 20128 Whitby, Livonia, Michigan 48152, requesting permission to close Pembroke Street between Pollyanna and Southampton on Sunday, August 26, 1990, from 3.00 p.m. to 7 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 Sunday, September 2, 1990, in the event of inclement weather, the action taken herein being made subject to approval of the Police Department #657-90 RESOLVED, that having considered an application from Mary Jo Dominiak, 9178 Merriman, Livonia, Michigan 48150, requesting permission to close Grandon between Merriman and Sunset on Saturday, August 4, 1990, from 3 00 p m. to 11:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. #658-90 RESOLVED, that having considered an application from Dean C. Johnson, 15000 Flamingo Ave , Livonia, Michigan, requesting permission to close Flamingo from Hoy to Nye on Saturday, August 11, 1990, from 2.00 p.m. to dark 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 Sunday, August 12, 1990, in the event of inclement weather, the action taken herein being made subject to approval of the Police Department. 25909 #659-90 RESOLVED, that having considered a communication from Elizabeth A. Kruk, received in the office of the City Clerk on June 27, 1990, to which is attached a petition from residents of the area requesting the paving of Hoy Street between Beatrice and Melvin, the Council does hereby refer this item to the Engineering Department for its report and recommendation #660-90 RESOLVED, that having considered a communication from Michael Munn, 18876 Sunset, Livonia-, Michigan, received by the office of the City Clerk on June 27, 1990, to which is attached a petition from residents of Sunset, located in Section 11, south of Seven Mile and east of Merriman, requesting the improvement of Sunset, south from Seven Mile and north of Clarita, Clarita, between Bainbridge and Sunset, the Council does hereby refer this item to the Engineering Department for its report and recommendation 1661-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated June 13, 1990, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the purchase of a replacement of a rear post on truck hoist from Allied Incorporated, 260 Metty Drive, P 0. Box 988, Ann Arbor, Michigan 48106 for the price of $9,822 00, the same to be appropriated and expended from Equipment Maintenance Outside Repair Account No 101-446-933.050 for this purpose, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3.04 140D5 of the Livonia Code of Ordinances, as amended. #662-90 RESOLVED, that having considered a communication from the City Assessor, dated June 29, 1990, approved for submission by the Mayor, with regard to a request from Lou Ronayne of Re/Max Foremost, Inc , 33966 Eight Mile, Farmington Hills, Michigan 48024, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item No 46 019 99 0011 002 into four (4) parcels, the legal descriptions of which shall read as follows LEGAL DESCRIPTION (NEWBURGH ROAD RIGHT OF WAY) Part of the Southwest 1/4 of Section 5, T 1 S.,R.9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 00 degree 00 minute 17 seconds West along the West line of said Section 5, 928.14 feet from the West 1/4 corner of said Section 5, proceeding thence South 89 degrees 41 minutes 05 seconds East 60 00 feet, thence South 00 degree 00 minute 17 seconds East 177 93 feet, thence South "I 89 degrees 59 minutes 43 seconds West 60.00 feet, thence North L 00 degree 00 minute 17 seconds West along the West line of Section 5, 178.27 feet to the point of beginning. Containing 0.2453 acres. Subject to easements of record PARCEL 44A Part of the Southwest 1/4 of Section 5, T.1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 00 degree 00 minute 17 seconds West along the West line of said Section 5, 928.14 feet and South 89 degrees 41 minutes 05 seconds East 339.29 feet from the West 1/4 corner of said Section 5, proceeding thence South 89 degrees 41 minutes 05 seconds East 167 27 feet, thence South 00 degree 14 minutes 52 seconds West 175 44 feet; thence South 89 degrees 59 minutes 43 seconds West 167.49 feet; thence North 00 degree 18 minutes 55 seconds East 176.38 feet to the point of beginning Containing 0.6759 acres Subject to easements of record. PARCEL 45A Part of the Southwest 1/4 of Section 5, T 1 S R.9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 00 degree 00 minute 17 seconds West along the West line of said Section 5, 928.14 feet and South 89 degrees 41 minutes 05 seconds East 258.00 feet from the West 1/4 corner of said Section 5, proceeding thence South 89 degrees 41 minutes 05 seconds East 81 29 feet, thence South 00 degree 18 minutes 55 seconds West 176.38 feet; thence South 89 degrees 59 minutes 43 seconds West 81 29 feet; thence North 00 degrees 18 minutes 55 seconds East 176.83 feet to the point of beginning Containing 0.3296 acres. Subject to easements of record. PARCEL 46A Part of the Southwest 1/4 of Section 5, T 1 S.,R.9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 00 degree 00 minute 17 seconds West along the West line of said Section 5, 928 14 feet and South 89 degrees 41 minutes 05 seconds East 168 00 feet from the West 1/4 corner of said Section 5, proceeding thence South 89 degrees 41 minutes 05 seconds East 90 00 feet, thence South 00 degree 18 minutes 55 seconds West 176.83 feet, thence South 89 degrees 59 minutes 43 seconds West 90.00 feet, thence North 00 degree 18 minutes 55 seconds East 177 33 feet to the point of beginning. Containing 0.3659 acres. Subject to easements of record PARCEL 47A Part of the Southwest 1/4 of Section 5, T I S R 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 00 degree 00 minute 17 seconds West along the West line of said Section 5, 928 14 feet and South 89 degrees 41 minutes 05 seconds East 60.00 feet from the West 1/4 corner of said Section 5, proceeding thence South 89 degrees 25911 41 minutes 05 seconds East 108.00 feet, thence South 00 degree 18 minutes 55 seconds West 177 33 feet; thence South 89 degrees 59 minutes 43 seconds W. 107.01 feet; thence North 00 degree 00 minute 17 seconds West 177.93 feet to the point of beginning. Containing 0.4384 Acres Subject to easements of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certifi-ed copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A communication from the Director of the Livonia Housing Commission, dated June 21, 1990 re the Livonia Housing Commission Audit Report - Fiscal Year Ending December 31, 1989 was received and placed on file for the information of the Council #663-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 2, 1990, which bears the signature of the Finance Director, is approved by the Director of Community Resources and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Grunwell-Cashero Company, Inc., 1041 Major Avenue, Detroit, Michigan 48217, for the Bungalow Restoration - Phase 1, Contract 90-N, in the amount of $38,810.00, the same having been in fact the lowest bid received for this item and meets all specifications, and the Council does hereby authorize the expenditure of a sum not to exceed $25,000 00 from the Post Office Fund and the balance of $13,810.00 from the Historical Commission Trust and Restoration Budget for this purpose, and the City Engineer is authorized to approve all minor adjustments in the work as completed, 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 #664-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 27, 1990, approved for submission by the Mayor, the Council does hereby amend Item No. 7 of Council Resolution 841-89, adopted on September 6, 1989, and subsequently amended by Council Resolution 29-90, adopted on January 17, 1990, so as to reduce the financial assurances now on deposit with the City for General Improvements in Arbor Park View Subdivision located in the Southwest 1/4 of Section 33, to $5,000.00 cash, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances, including the Sidewalk Bond, now on deposit with the City shall remain the same and unchanged. 25912 #665-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 5, 1990, approved for submission by the Mayor Pro Tem, the Council does hereby amend Item No 7 of Council Resolution 662-89, adopted on July 17, 1989, so as to reduce the financial assurances now on deposit with the City for General Improvements in Caliburn Estates Subdivision No. 1 located in the Northwest 1/4 of Section 8, to $47,000 00 of which at least $5,000 00 shall be in cash, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances, including the Sidewalk Bond, now on deposit with the City shall remain the same and unchanged. #666-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 5, 1990, approved for submission by the Mayor Pro Tem, the Council does hereby amend Item No 7 of Council Resolution 185-90, adopted on February 28, 1990, so as to reduce the financial assurances now on deposit with the City for General Improvements in Caliburn Manor Subdivision No. 1 located in the Northeast 1/4 of Section 7, to $75,000 00 of which at least $7,500.00 shall be in cash, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances, including the Sidewalk Bond, now on deposit with the City shall remain the same and unchanged #667-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 5, 1990, approved for submission by the Mayor, the Council does hereby authorize the release to Villanova Construction Co., Inc., 33242 Seven Mile Road, Livonia, Michigan 48152, the proprietor of Gill Woods Subdivision, located in the Southwest 1/4 of Section 4, of the financial assurances previously deposited with respect to the Sidewalk Improvements, Grading and Soil Erosion Control and Survey Monuments in the sums of $6,500.00, $1,000 00 and $225.00, respectively, pursuant to Council Resolution 1084-86, adopted on November 10, 1986, as well as the $35,000.00 irrevocable letter of credit for the improvement of Gill Road, the action herein being taken 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 #668-90 RESOLVED, that William Roskelly, Basney & Smith, Inc , 15126 Beech Daly, Redford, Michigan 48239, as proprietor, having requested the City Council to approve the proposed preliminary plat of the following subdivision Western Golf Estates Subdivision, located in the Northeast 1/4 of Section 24, the said proposed preliminary plat being dated September 27, 1989, and it further appearing that tentative approval of such 25913 preliminary plat was given by the City Planning Commission, after due notice and a public hearing on October 17, 1989, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated July 5, 1990, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16.04 through 16.24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24.370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the 25914 proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts a. General Improvement Bond $874,000 00 of which at least $10,000 00 shall be in cash b. Sidewalk Bond c. Grading & Soil Erosion d Entrance Markers and Landscaping e Monuments and Lot Markers $ 65,500 00, least $5,000 in cash $ 9,900 00 least $2,000 in cash of which at 00 shall be of which at 00 shall be $ 5,000 00, of which at least $ 2,000.00 shall be in cash $ 3,425 00 (all cash) and require cash payments in the total amount of $ 58,829 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision. #669-90 RESOLVED, that having considered a communication from the City Planning Commission dated June 29, 1990, which transmits its Resolution 6-376-90, adopted on June 12, 1990, with regard to Petition 90-4-3-4, submitted by Sandra Field, requesting the vacating of a portion of Henry Ruff Avenue between Greenland and Munger, as extending west from Henry Ruff, in the North 1/2 of Section 14, the Council does hereby concur in the recommendation of the Planning Commission and does grant and approve the said Petition 90-4-3-4, except for that portion adjacent to the south 350' of Lot 61, Livrance Estates Subdivision, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #670-90 RESOLVED, that having considered the report and recommendation of the Department of Law dated June 14, 1990, approved by the Superintendent of Parks and Recreation, and approved for submission by the Mayor, with regard to a letter from William and Alice Kolak, 36700 W. Seven Mile Road, Livonia, 25915 Michigan 48152, dated May 22, 1989, expressing an interest in selling certain property they own on Seven Mile Road to the City of Livonia, the Council does hereby determine to take no further action with respect to this matter. #671-90 RESOLVED, that having considered a letter from the Michigan Municipal League dated June 27, 1990, with regard to the 92nd Annual Convention of the League to be held at the Walker Arena and Conference Center- in Muskegon, Michigan, September 12 through 14, 1990, 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 Councilman Fernon P. Feenstra or his designee as alternate, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #672-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated July 11, 1990, approved as to form by the City Attorney and approved for submission by the Mayor Pro Tem, with regard to a license renewal application to be submitted to the Michigan Department of Natural Resources and the necessity of imposing a restrictive covenant upon land utilized for a Type III sanitary landfill located on Glendale Avenue in the City of Livonia, and the legal descriptions of which are more particularly described as follows - Parcel "A" That part of the N.W. 1/4 of Section 27, T.lS., R.K., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 00'06'20" E., 666.69 ft. and N. 77010'43" W., 514.55 ft from the center of Section 27, thence N. 77'10'43" W , 320 08 ft ; thence N. 9033'32" E , 328.85 ft.' thence S. 75'31'12" E., 294.59 ft., thence S. 04055'46" E , 322 85 ft. to the point of beginning. (2.28 acres) P;;rrpl "R" That part of the N.W. 1/4 of Section 27, T.lS., R.K., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 00'06'20" E , 1383.55 ft. and N. 71'02'08" W., 213.64 ft. from the center of Section 27, thence N 71'02'08" W , 275 65 ft ; thence N. 35000'19" E., 287.30 ft.' thence S. 86*21'48" E., 196.25 ft., thence S 17°44'22" W., 328 07 ft. to the point of beginning. (1.59 acres) the Council does hereby authorize the Mayor and City Clerk to execute the necessary restrictive deed covenant for the area described above in behalf of the City of Livonia. 25916 #673-90 RESOLVED, that having considered a communication from the City Clerk, dated July 16, 1990, which indicates that the proprietor of Caliburn Estates Subdivision No. 1, located in the Northwest 1/4 of Section 8, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission dated July 13, 1990, wherein said Commission approved the final plat for the said subdivision in its resolution 6-383-90, adopted on June 12, 1990; and the Council having considered a report from the City Engineer dated July 16, 1990, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 662-89, adopted on July 17, 1989, said preliminary plat having been recommended for approval by the City Planning Commission on February 28, 1989, in its resolution 2-41-89, and such preliminary plat approval having been extended for a one year period upon recommendation for approval by the City Planning Commission in its resolution 2-294-90 adopted on February 13, 1990, and approved by the Council in its resolution 237-90 adopted on March 14, 1990, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Caliburn Estates Subdivision No. 1, located in the Northwest 1/4 of Section 8, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia; and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #674-90 RESOLVED, that having considered a communication from the City Clerk, dated July 16, 1990, which indicates that the proprietor of Caliburn Manor Subdivision No. 1, located in the Northeast 1/4 of Section 7, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communication from the City Planning Commission dated July 13, 1990, wherein said Commission approved the final plat for the said subdivision in its resolution 6-382-90, adopted on June 12, 1990; and the Council having considered a report from the City Engineer dated July 16, 1990, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 278-89, adopted on March 22, 1989, said preliminary plat having been recommended for approval by the City Planning Commission on February 28, 1989, in its resolution 2-40-89, and such preliminary plat approval having been extended for a one year period upon recommendation for approval by the City Planning Commission in its resolution 2-293-90 adopted on February 13, 25917 1990, and approved by the Council in its resolution 236-90 adopted on March 14, 1990, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Caliburn Manor Subdivision No. 1, located in the Northeast 1/4 of Section 7, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia; and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #675-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated July 16, 1990, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby approve and authorize a contract with Davey Tree Expert Company, 8100 Rhonda, Canton, Michigan 48187-2071, for the root feeding of sycamore trees within the City rights-of-way, in an amount not to exceed $30,000 00, based on the unit price of $19 85 per tree, in accordance with their proposal dated June 26, 1990, and subject to a final payment based on the actual units of work as completed in accordance with the unit prices accepted herein, the same to be appropriated and expended from the Unexpended Fund Balance Account for this purpose, and the Mayor and City Clerk are IL hereby requested, for and on behalf of the City of Livonia, to execute the aforesaid contract as well as to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the said contract without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140D of the Livonia Code of Ordinances, as amended. #676-90 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 June 27, 1990 an assessment roll dated June 27, 1990 for the proposed installation of 100 watt high pressure sodium lights with colonial post tops with 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, 25918 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that 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, September 19, 1990 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 September 19, 1990, 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 ##677-90 WHEREAS, pursuant to the direction of the City Council in its resolution 585-90, adopted on June 13, 1990, and in accordance with Section 3.08.100 of the Livonia Code of Ordinanc--s, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of June 27, 1990 an assessment roll dated June 27, 1990 for the proposed installation of 100 watt high pressure sodium lights on davitt poles with underground wiring in Fox Run Estates Subdivisicn located in the Southeast 1/4 of Section 20, 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 585-90, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination; that 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, September 19, 1990 at 7 30 p m. to review the said Special Assessment Roll at which time 25919 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 September 19, 1990, 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 A roll call vote was taken on the foregoing resolutions with the following result AYES: Taylor, Jurcisin, Ochala, Feenstra, Toy, Bishop and McCotter NAYS. None. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 9 05 OF ARTICLE IX, SECTION 10.05 OF ARTICLE X, SECTION 11.05 OF ARTICLE XI, AND SECTION 30.06 OF ARTICLE XXX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE (Petition 90-2-6-2) 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 of the Council. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, it was 25920 #678-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated June 14, 1990, and submitted pursuant to Council Resolution 476-90, in connection with a communication from the City Planning Commission dated March 15, 1990, which sets forth its resolution 3-311-90 adopted on March 13, 1990, with regard to Petition 90-1-1-2, submitted by Alan Mendelssohn, M.D for a change of zoning on property located on the north side of Plymouth Road, west of Newburgh Road, in the Southeast 1/4 of Section 30, from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on May 2, 1990, pursuant to Council Resolution 292-90, and having also considered a communication from the Mayor dated July 25, 1990, the Council does hereby rescind and repeal Council Resolution 637-90 adopted on July 91 1990 and does hereby determine to take no further action with regard to this petition. A roll call vote was taken on the foregoing resolution with the following result - AYES Taylor, Toy, Bishop and McCotter NAYS Jurcisin, Ochala and Feenstra The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was it was #679-90 RESOLVED, that pursuant to Section 23 01 of Ordinance 543, as amended, the Council does hereby refer the matter of a more appropriate zoning classification on the property located on the north side of Plymouth Road, west of Newburgh Road, in the Southeast 1/4 of Section 30 to the Planning Commission to hold a public hearing and to thereafter make a report and recommendation to the Council. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, #680-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated June 14, 1990, and submitted pursuant to Council Resolution 476-90, in connection with a communication from the City Planning Commission dated March 15, 1990, which sets forth its resolution 3-311-90 adopted on March 13, 1990, with regard to Petition 90-1-1-2, submitted by Alan Mendelssohn, M D for a change of zoning on property located on the north side of Plymouth Road, west of Newburgh Road, in the Southeast 1/4 of Section 30, from RUF 25921 to R-7, and the Council having conducted a public hearing with regard to this matter on May 2, 1990, pursuant to Council Resolution 292-90, and having also considered a communication from the Mayor dated July 25, 1990, the Council does hereby rescind and repeal Council Resolution 637-90 adopted on July 9, 1990; FURTHER, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-1-1-2 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. Taylor, Jurcisin, Toy, Bishop and McCotter NAYS. Ochala and Feenstra The President declared the resolution adopted. it was On a motion by Councilman Bishop, seconded by Councilwoman Toy, #681-90 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 678-90 adopted on July 25, 1990, which determined no further action on Petition 90-1-1-2 by Alan Mendelssohn, M.D , for a change of zoning on property located on the North side of Plymouth Road, West of Newburgh Road, in the Southeast 1/4 of Section 30, from RUF to R-7 A roll call vote was taken on the foregoing resolution with the following result - AYES Taylor, Jurcisin, Feenstra, Toy, Bishop and McCotter. NAYS: Ochala. The President declared the resolution adopted. it was On a motion by Councilman Jurcisin, seconded by Councilman Taylor, RESOLVED, that having considered a communication from Mr. Ken Alltop, Alltop Enterprises, 2100 South Outer Drive, Saginaw, MI 48601, dated July 5, 1990, requesting permission to hold an RV & Camper Jamboree at the DRC Ladbroke Race Track parking lot, 28001 Schoolcraft in the City of Livonia, to be conducted from August 15 through August 19, 1990, the Council does hereby determine to grant permission as requested, subject to Alltop Enterprises providing the City of Livonia with a certificate of public liability insurance naming Ladbroke Racing 25922 Corporation and the City of Livonia as additional insured with a liability limit of one million dollars ($1,000,000.00) for bodily injury and fifty thousand dollars ($50,000.00) coverage for property damage. A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Jurcisin and Ochala. NAYS: Feenstra, Toy, Bishop and McCotter The President declared the resolution denied On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #682-90 RESOLVED, that having considered a communication from Mr Ken Alltop, Alltop Enterprises, 2100 South Outer Drive, Saginaw, MI 48601, dated July 5, 1990, requesting permission to hold an RV & Camper Jamboree at the DRC Ladbroke Race Track parking lot, 28001 Schoolcraft in the City of Livonia, to be conducted from August 15 through August 19, 1990, the Council does hereby deny this request. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Feenstra, Toy, Bishop and McCotter NAYS• Jurcisin and Ochala The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #683-90 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 22, 1990, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Chief of Police together with the Finance Director to do all things necessary to prepare specifications and obtain bids for the purchase of a full-size van to be used while conducting Intelligence Bureau raids, in accordance with the provisions set forth in the Financial Ordinance, the same to thereafter be submitted to Council for its consideration. On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was 25923 #684-90 RESOLVED, that having considered a communication from the City Planning Commission dated July 2, 1990, which sets forth its resolution 6-391-90 adopted on June 26, 1990, with regard to a request from Marcello Scappaticci for an extension of the approval of Petition 89-6-2-39 submitted by Ilio A. Alessandri relative to a waiver use approval to establish general office uses within a professional service district located on the south side of Ann Arbor Road between Patton Avenue and Knolson Avenue in the Southwest 1/4 of Section 31, previously granted in Council Resolution 755-89 adopted on August 14, 1989, the Council does hereby concur in the recommendation of the Planning Commission and grant the requested extension for a one-year period, subject to compliance with all of the conditions set forth in the original waiver use approval. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Jurcisin, Feenstra, Toy, Bishop and McCotter. NAYS: Ochala. The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #685-90 RESOLVED, that the Council does hereby refer the matter of existing problems on the property located on the south side of Ann Arbor Road between Patton Avenue and Knolson Avenue in the Southwest 1/4 of Section 31 to the Committee of the Whole for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #686-90 RESOLVED, that having considered a communication from the City Planning Commission dated July 2, 1990, which sets forth its resolution 6-391-90 adopted on June 26, 1990, with regard to a request from Marcello Scappaticci for an extension of the approval of Petition 89-6-2-39 submitted by Ilio A. Alessandri relative to a waiver use approval to establish general office uses within a professional service district located on the south side of Ann Arbor Road between Patton Avenue and Knolson Avenue in the Southwest 1/4 of Section 31, previously granted in Council Resolution 755-89 adopted on August 14, 1989, the Council does hereby request a report from the Inspection 25924 Department regarding an alleged well on the subject property and the possible sealing thereof and alleged commercial activity occurring in Quonset huts on the property On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #687-90 RESOLVED, that having considered a communication from the City Planning Commission dated July 2, 1990, which sets forth its resolution 6-391-90 adopted on June 26, 1990, with regard to a request from Marcello Scappaticci for an extension of the approval of Petition 89-6-2-39 submitted by Ilio A Alessandri relative to a waiver use approval to establish general office uses within a professional service district located on the south side of Ann Arbor Road between Patton Avenue and Knolson Avenue in the Southwest 1/4 of Section 31, previously granted in Council Resolution 755-89 adopted on August 14, 1989, the Council does hereby request that the Police Department give special attention to the prevention of off road activity occurring on the property by persons driving vehicles thereon. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #688-90 RESOLVED, that having considered a communication from the City Planning Commission, which transmits its resolution 6-393-90 adopted on June 26, 1990, with regard to Petition 90-5-2-12, submitted by Livonia Chrysler Plymouth, Inc , requesting waiver use approval to construct a service bay addition to an existing car dealership on property located on the southwest corner of Plymouth Road and Milburn Avenue in the Northwest 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 90-5-2-12 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #689-90 RESOLVED, that having considered a communication from the City Planning Commission dated June 12, 1990, which transmits its resolution 6-373-90 adopted on June 12, 1990, with regard to Petition 90-5-2-14, submitted by Nazar M A. Keer for Tarik Daoud, requesting waiver use approval to expand an existing 25925 auto body and repair shop on property located on the east side of Merriman Road between Schoolcraft and Industrial Roads in the Northwest 1/4 of Section 26, which property is zoned M-1, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 90-5-2-14 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #690-90 RESOLVED, that having considered a communication from the City Planning Commission dated June 28, 1990, which transmits its resolution 6-374-90 adopted on June 12, 1990, with regard to Petition 90-5-2-15, submitted by Frank's Nursery & Crafts, Inc , requesting waiver use approval for open-air sales of nursery stock on property located on the north side of Five Mile Road between Levan Road and Williams Avenue in the Southwest 1/4 of Section 17, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 90-5-2-15 is hereby approved and granted, subject to a variance being granted by the Zoning Board of Appeals with respect to a deficient number of off-street parking spaces, and such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #691-90 RESOLVED, that having considered a communication from the City Planning Commission dated June 29, 1990, which transmits its Resolution 6-377-90, adopted on June 12, 1990, with regard to Petition 90-4-3-5, submitted by International Development Company, requesting the vacating of a 12' wide public utilities easement on Lots 17, 18 and 19 of Belden Industrial Park Subdivision, located on the east side of Belden Court between Plymouth Road and the Chessie System Railroad Right -of -Way in the Southwest 1/4 of Section 28, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 90-4-3-5, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was 25926 #692-90 RESOLVED, that having considered a communication from the City Planning Commission dated June 29, 1990, which transmits its resolution 6-388-90 adopted on June 12, 1990, with regard to a sign permit application submitted by Mastercraft Sign for Homemade Lunch to erect a new wall sign at 19038 Middlebelt, the Council does hereby reject the recommendation of the Planning Commission and deny the said sign permit application. A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Feenstra, Bishop and McCotter NAYS Taylor, Ochala and Toy The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #693-90 RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 13, 1990, approved by the Director of Public Works, the Director Housing and the Finance Director, and approved for submission by the Mayor, and which transmits a proposed Agreement between the City of Livonia and the firm of Kamp DiComo Associates, P C , 15875 Middlebelt Road, Livonia, Michigan 48154, for architectural services for the construction of a proposed senior citizen housing facility to be located in the Southeast 1/4 of Section 33, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement 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 On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #694-90 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 345 for a proposed street improvement consisting of 4" of asphalt over the existing roadway (Alternate IV) with additional drainage on Louise, north of Six Mile Road in the Southeast 1/4 of Section 11, 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, 25927 a public hearing thereafter having been held thereon on July 11, 1990, 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 Special Assessment District No 345, 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 17, 1990, in the amount of $28,678.00, 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 No 345 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 percent (8%) per annum on the unpaid balance of the assessment from December 1, 1991 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, 1992 and subsequent installments on December 1st of succeeding years. (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 it was assessment without interest or penalty up to December 1, 1991, (5) The first installment shall be spread upon the 1992 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, 1991, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) years 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 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 ($5,060 82) and 100% of drainage costs ($14,950 00) for a total amount of $20,010.82 On a motion by Councilman Ochala, seconded by Councilman Taylor, #695-90 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 346 for a proposed street improvement consisting of the placement of 4" of asphalt over the existing roadway (Alternate IV) on Oxbow, Hartel and Olson in the Southwest 1/4 of Section 36, 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 July 11, 1990, 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 Special Assessment District No 346, 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 17, 1990, in the amount of $79,079 00, are 25928 25929 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 No 346 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 percent (8%) per annum on the unpaid balance of the assessment from December 1, 1991. 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, 1992 and subsequent installments on December 1st of succeeding years (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, 1991, (5) The first installment shall be spread upon the 1992 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, 1991, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) years 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 25930 3 08.220 then there shall be spread upon the 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 ($14,127 17), and 75' (1 1% of paving) Lot 75 ($975.00) and 100% of drainage costs ($9,200 00) for a total amount of $24,302 18 A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Feenstra and Bishop NAYS Jurcisin, Toy and McCotter The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was it was #696-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 24, 1990, which sets forth its resolution 5-368-90, adopted on May 22, 1990, with regard to a request from Barry and Murray Foreman regarding a one-year extension of Petition 89-4-8-18 relative to approval of a site plan to renovate and add to an existing commercial building located on the southwest corner of Eight Mile and Inkster in the Northeast 1/4 of Section 1, pursuant to the provisions set forth in Section 18.58 of Ordinance 543, as amended, and the Council having conducted a public hearing with regard to this matter on July 11, 1990, pursuant to Council Resolution 554-90, the Council does hereby reject the recommendation of the Planning Commission and said extension is hereby approved and granted On a motion by Councilman Bishop, seconded by Councilwoman Toy, #697-90 RESOLVED, that having considered a communication from the City Planning Commission dated April 23, 1990, which sets forth its resolution 4-333-90, adopted on April 17, 1990, with regard to Petition 90-3-1-8, submitted by United Construction, Inc. for a change of zoning on property located south of Eight Mile Road between Merriman Road and Milburn Avenue in the Northwest 1/4 of Section 2, from RUFA to R-1, and the Council having conducted a public hearing with regard to this matter on July 11, 1990, pursuant to Council Resolution 462-90, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation 25931 A roll call vote was taken on the foregoing resolution with the following result• AYES. Jurcisin, Ochala, Feenstra, Toy, Bishop and McCotter. NAYS Taylor. The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #698-90 RESOLVED, that having considered a communication dated July 10, 1990, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated June 6, 1990, executed by Ronald W. Brodzi k, President of BrodZell, Inc. a Michigan Corporation, for The South 10.00 feet of the West 105 00 feet of the following parcel of land: The Westerly 230.00 feet of Lot 45 except the Westerly 25.00 feet thereof, also the Southerly 4.00 feet of the Westerly 230.00 feet of Lot 46, except the Westerly 25.00 feet thereof "SUPERVISOR'S LIVONIA PLAT #111 as recorded in Liber 65 of Plats, Page 52, Wayne County Records, said plat being a part of the East 112 of the Northwest 1/4 of Section 33, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. (Part of parcel 130-01-0045-003) the Council does hereby, for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #699-90 RESOLVED, that having considered a communication dated July 11, 1990, from the Department of Law transmitting for Council acceptance two Quit Claim Deeds and two Grants of Easement, more particularly described as• 25932 (1) Quit Claim Deed dated June 22, 1990, executed by Jack Shenkman and Miriam Shenkman, his wife, for Part of the Northwest 1/4 of Section 8, T.1 S., R 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89 degrees 06 minutes 42 seconds East 421.69 feet and due South 60.01 feet from the Northwest corner of said Section 8 and proceeding thence South 89 degrees 06 minutes 42 seconds East 45 00 feet, thence due South 34.00 feet, thence North 89 degrees 06 minutes 42 seconds West 45 00 feet, thence due North 34.00 feet to the point of beginning. (Seven Mile Road Service Drive) Parcel #030-99-0003-002 The conveyance of the right-of-way herein is conditioned upon and made subject to the use of same for ingress and egress to Seven Mile Road by the adjacent property to the south and/or west (2) Quit Claim Deed dated April 11, 1990, executed by Jack Shenkman and Miriam Shenkman, his wife, for Part of the Northeast 1/4 of Section 7, T 1 S , R 9E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89 degrees 53 minutes 30 seconds West along the north line of said section, 60 00 feet and South 00 degrees 00 minutes 04 seconds East along the west right-of-way line of Newburgh Road 2157 02 feet from the Northeast corner of Section 7, T 1 S , R 9E., and proceeding thence South 00 degrees 00 minutes 04 seconds East along the west right-of-way line of Newburgh Road, 26.00 feet, thence due West 75.00 feet, thence North 70 degrees 52 minutes 49 seconds West 79 38 feet, thence due East 150 feet to a point on the west right-of-way line of Newburgh Road and the point of beginning (Caliburn Drive Right -of -Way) (Part of Tax Parcel #025-99-0001-003) (3) Grant of Easement dated April 11, 1990, executed by Jack Shenkman and Miriam Shenkman, his wife, for A sanitary sewer easement described as beginning at a point distant South 89 degrees 53 minutes 30 seconds West along the north line of said section, 60.00 feet and South 00 degrees 00 minutes 04 seconds East along the west right-of-way line of Newburgh Road 2183.02 feet and due West 10 00 feet from the Northeast corner of Section 7, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan and proceeding thence South 00 degrees 00 minutes 04 seconds East 359.00 feet, thence South 25933 11 degrees 55 minutes 00 seconds West 36.70 feet, thence North 16 degrees 30 minutes 00 seconds West 43.71 feet, thence North 00 degrees 00 minutes 04 seconds West 338.00 feet, thence due West 45 00 feet, thence North 70 degrees 52 minutes 49 seconds West 125.17 feet, thence due East 43.27 feet, thence South 70 degrees 52 minutes 49 seconds East 79 38 feet, thence due East 65.00 feet to the point of beginning. (Part of Tax Parcel #025-99-0001-003) (4) Grant of Easement dated April 11, 1990, executed by Jack Shenkman and Miriam Shenkman, his wife, for A 20 foot water main easement whose centerline is described as beginning at a point distant South 89 degrees 53 minutes 30 seconds West along the north line of said section, 60 00 feet and South 00 degrees 00 minutes 04 seconds East along the west right-of-way line of Newburgh Road 2183 02 feet and due West 10 00 feet from the Northeast corner of Section 7, T 1 S., R 9 E., City of Livonia, Wayne County, Michigan and proceeding thence South 00 degrees 00 minutes 04 seconds East 359.00 feet to the point of ending. (Part of Tax Parcel #025-99-0001-003) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deeds and Grants of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #700-90 RESOLVED, that having considered a communication from the City Planning Commission dated July 18, 1990, which transmits its resolution 7-397-90 adopted on July 17, 1990, with regard to Petition 90-5-2-13, submitted by St. Mary Hospital requesting waiver use approval to construct a nursing care center/home for the aged on property located on the south side of Five Mile Road between Newburgh and Levan Roads in the Northwest 1/4 of Section 20, which property is zoned OS, the Council does hereby concur in the recommendation of the Planning Commission and Petition 90-5-2-13 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was 25934 RESOLVED, that having considered the report and recommendation from the City Planning Commission dated July 12, 1990, with respect to the question of whether or not certain property located on the west side of Harrison Avenue, north of Five Mile Road, in the Southwest 1/4 of Section 13, should be rezoned to a single family residential zoning classification, the Council does hereby refer this matter 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: Taylor, Jurcisin and McCotter. NAYS. Ochala, Feenstra, Toy and Bishop The President declared the resolution denied. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #701-90 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Valda Vandersloot, 16438 Surrey, Livonia, Michigan 48154, is hereby reappointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1990, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was #702-90 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Karl R Lukens, 18665 Yorkshire Drive, Livonia, Michigan 48152, is hereby reappointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1990, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was 25935 #703-90 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated July 11, 1990, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby, for and on behalf of the City of Livonia, accept the following donations 1 A twenty-five dollar ($25) donation for the proposed press box at Ford Field from: Scott Combs, 20608 Ann Arbor Trail, Dearborn Heights, MI 48127 2. A seven hundred fifty dollar ($750.00) donation from the Livonia Junior Football League for the proposed press box at Ford Field. 3. A converted 12-14 foot trailer for use as a mobile field office or ticket booth for special events from the Livonia Anniversary Committee, Inc. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #704-90 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 171-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #705-90 RESOLVED, that having considered a letter from Doug Kurtis, Race Director of the Roadrunner Classic, dated July 18, 1990, and the Council having previously approved and authorized in Council Resolution 397-90 the Roadrunner Classic to be held on July 28, 1990, the Council does hereby request that the Wayne County Department of Public Service close one lane (curb side) of the following roads: Stark Road from Lyndon to the Jeffries Service Drive, Jeffries Service Drive from Stark to Levan, Levan Road from the Jeffries Service Drive to Lyndon, Lyndon from Levan to Fairlane, Fairlane from Lyndon to Five Mile, Five Mile from Fairlane to Farmington Road, Farmington Road from Five Mile to Lyndon, Lyndon from Farmington Road to Stark, from 6:30 P.M. to 7:30 P.M., or until the road is returned to normal traffic operation, further that the City of Livonia will assume all liability for any damage claims that may arise as a result of the road closure, or partial road closures, that the City of Livonia shall indemnify, save harmless and defend the County of Wayne, the Wayne County Department of Public Service, the officials and employees against any and all claims, suits and judgments of every name and description arising out of the operations covered by this permit, and Leon Dater is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia I I On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was it was #706-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 25, 1990, which sets forth its resolution 5-352-90 adopted on May 8, 1990, with regard to Petition 90-3-1-5, submitted by Mid -Plaza Associates, for a change of zoning on property located on the east side of Middlebelt Road between Joy Road and Grandon Avenue in the Southwest 1/4 of Section 36, from 0 S. to C-1, and the Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-3-1-5 is hereby approved and granted, as modified, to approve a change of zoning of the south 30' to C-1 and the north 30' to P, 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 Taylor, seconded by Councilman Feenstra, #707-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 25, 1990, which sets forth its resolution 5-341-90 adopted on May 8, 1990, with regard to Petition 90-3-1-6, submitted by the Planning Commission, for a change of zoning on property located on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue in the Northeast 1/4 of Section 31, from C-1 to R-1, and the Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-3-1-6 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. 25936 A roll call vote was taken on the foregoing resolution with the following result. On a motion by Councilman Feenstra, and unanimously adopted, it was it was seconded by Councilwoman Toy, #706-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 25, 1990, which sets forth its resolution 5-352-90 adopted on May 8, 1990, with regard to Petition 90-3-1-5, submitted by Mid -Plaza Associates, for a change of zoning on property located on the east side of Middlebelt Road between Joy Road and Grandon Avenue in the Southwest 1/4 of Section 36, from 0 S. to C-1, and the Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-3-1-5 is hereby approved and granted, as modified , to approve a change of zoning of the south 30' to C-1 and the north 30' to P, 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 Taylor, seconded by Councilman Feenstra, #707-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 25, 1990, which sets forth its resolution 5-341-90 adopted on May 8, 1990, with regard to Petition 90-3-1-6, submitted by the Planning Commission, for a change of zoning on property located on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue in the Northeast 1/4 of Section 31, from C-1 to R-1, and the Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-3-1-6 is hereby approved and granted, as modified, to approve a change of zoning of the south 30' to C-1 and the north 30' to P, 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. 25936 A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Ochala, Feenstra, Toy and Bishop. NAYS. Jurcisin and McCotter The President declared the resolution adopted it was On a motion by Councilman Feenstra, seconded by Councilwoman Toy, #708-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 23, 1990, which sets forth its resolution 5-342-90 adopted on May 8, 1990, with regard to Petition 90-3-1-7, submitted by the Planning Commission, for a change of zoning on property located west of Newburgh Road between Plymouth Road and Edward Hines Drive in the Southeast 1/4 of Section 30, from C-2 to OS, and the Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-3-1-7 is hereby approved and granted, as modified to approve a change of zoning from C-2 to C-1, 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. 25937 A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Jurcisin, Feenstra, Toy and McCotter NAYS. Ochala and Bishop. The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #709-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 23, 1990, which sets forth its resolution 5-343-90 adopted on May 8, 1990, with regard to Petition 90-3-1-9, submitted by Rupp Construction, Inc., for a change of zoning on property located on the west side of Inkster Road between Capitol Avenue and Grantland Avenue in the Southeast 1/4 of Section 25, from P to R-1, and the 25938 Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-3-1-9 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #710-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 24, 1990, which sets forth its resolution 5-344-90 adopted on May 8, 1990, with regard to Petition 90-4-1-10, submitted by Desrosiers Architects for Jose and Stella Evangelista, for a change of zoning on property located on the west side of Farmington Road between Plymouth Road and Orangelawn Avenue in the Northeast 1/4 of Section 33, from RUF to R -C, and the Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-4-1-10 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #711-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 24, 1990, which sets forth its resolution 5-344-90 adopted on May 8, 1990, with regard to Petition 90-4-1-10, submitted by Desrosiers Architects for Jose and Stella Evangelista, for a change of zoning on property located on the west side of Farmington Road between Plymouth Road and Orangelawn Avenue in the Northeast 1/4 of Section 33, from RUF to R -C, and the Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby refer this matter to the Inspection Department for its report and recommendation regarding overgrowth of weeds on this property. On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was 25939 #712-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 24, 1990, which sets forth its resolution 5-344-90 adopted on May 8, 1990, with regard to Petition 90-4-1-10, submitted by Desrosiers Architects for Jose and Stella Evangelista, for a change of zoning on property located on the west side of Farmington Road between Plymouth Road and Orangelawn Avenue in the Northeast 1/4 of Section 33, from RUF to R -C, and the Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby refer this matter to the Inspection Department for possible condemnation of the building located on this property. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #713-90 RESOLVED, that having considered a communication from the City Planning Commission dated May 23, 1990, which sets forth its resolution 5-345-90 adopted on May 8, 1990, with regard to Petition 90-4-1-12, submitted by Angelo D'Orazio, for a change of zoning on property located on the south side of Seven Mile Road between Whitby and Myron Streets in the Northeast 1/4 of Section 9, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on July 23, 1990, pursuant to Council Resolution 555-90, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 90-4-1-12 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 Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #714-90 RESOLVED, that pursuant to Section 23.01 (a) of Ordinance 543, as amended, the Council does hereby request that the Planning Commission hold a public hearing on the question of whether to amend Section 10.03 of the Livonia Zoning Ordinance to add an additional waiver use provision for limited restaurant (0-30 seats) in the C-1 zoning districts. 25940 a On a motion by Councilman Jurcisin, seconded by Councilman Taylor, Land unanimously adopted, it was #715-90 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated July 10, 1990, submitted pursuant to Council Resolution 302-90, with regard to the selection of a restauranteur for the Fox Creek Restaurant Operation, the Council does hereby designate John DelSignore, 39000 Schoolcraft, Livonia, Michigan 48150, to operate the Fox Creek Golf Course Restaurant, and the Council does hereby refer this matter to the Department of Law to prepare a contract between the City and John DelSignore and to, thereafter, submit subject contract to the Council for its approval. On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, it was #716-90 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 610-90 adopted on June 25, 1990, which denied the request from Kenneth B. Mundy, 10748 Wayne, Livonia, Michigan 48150, to divide Tax Item No. 16 051 02 0111 L002 into two parcels. A roll call vote was taken on the foregoing resolution with the following result AYES- Taylor, Jurcisin, Ochala, Feenstra and Toy. NAYS Bishop and McCotter. The President declared the resolution adopted. it was I On a motion by Councilman Feenstra, seconded by Councilwoman Toy, #717-90 RESOLVED, that having considered a communication from the City Assessor dated May 29, 1990, approved for submission by the Mayor, with regard to a request from Kenneth B. Mundy, 10748 Wayne, Livonia, Michigan 48150, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No. 46 053 02 0313 002 into two parcels, the legal description of which shall read as follows 25941 SPLIT DESCRIPTION A WEST 1/2 OF LOT 314, SUPERVISOR'S LIVONIA PLAT NO. 4, AS RECORDED IN LIBER 66, PAGE 20 OF PLATS WAYNE COUNTY RECORDS. SUBJECT TO EASEMENTS AND USE RESTRICTION OF RECORD IF ANY SPLIT DESCRIPTION B EAST 1/2 of LOT 313, SUPERVISOR'S LIVONIA PLAT NO. 4, AS RECORDED IN LIBER 66, PAGE 20 OF PLATS WAYNE COUNTY RECORDS, AND SUBJECT TO EASEMENTS AND USE RESTRICTIONS IF ANY as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City Ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Jurcisin, Ochala, Feenstra and Toy. NAYS. Bishop and McCotter The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, this 1,181st Regular Meeting of the Council of the City of Livonia was adjourned at 9 25 P.M , July 25, 1990 f. 3tod-4� Robert F Nash, City Clerk