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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-08-23 25211 IL. MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FIFTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 23, 1989, 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 8:01 P M. Councilman Bishop delivered the invocation. Roll was called with the following result Present: Fernon P. Feenstra, Laura Toy, Robert R. Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin; Absent• None. Elected and appointed officials present Robert F. Nash, City Clerk, Robert D. Bennett, Mayor, Cathryn K White, Assistant City Attorney; John Nagy, Planning Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs and David Preston, Director of Finance On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #814-89 RESOLVED, that the minutes of the 1 ,158th Regular Meeting of the Council of the City of Livonia, held August 14, 1989 are hereby approved. On a motion unanimously introduced, supported and adopted, it was #815-89 WHEREAS, the 1969 GRADUATING CLASS OF STEVENSON HIGH SCHOOL will be celebrating its "2O Year Class Reunion" on Saturday, August 26, 1989, and WHEREAS, the graduates of the Class of 1969 will travel far and wide from across our wonderful country to be together for this festive occasion in Livonia, and WHEREAS, the graduates of the Class of 1969 will share the past 20 years of their personal growth and achievements, renew old friendships, and make new friends, and WHEREAS, many of the graduates have made meaningful contributions to their professions and communities 25212 Ime NOW, THEREFORE BE IT RESOLVED that the Livonia City Council wishes the 1969 Graduating Class of Stevenson High School a very enjoyable and memorable 20 Year Class Reunion and many more to come. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was #816-89 RESOLVED, that having considered an application from Louis Ronayne, dated July 25, 1989, requestingpermission to close Glen Eagles Drive (Fox Creek Meadows) on Saturday, September 9, 1989 from 10.00 a.m. to 1 .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 the approval of the Police Department. #817-89 RESOLVED, that having considered a letter from Carl G. Yarling, Jr. , 14088 Cranston, W. Dale Wassell , 13999 Cranston and John A. Parks III, 14070 Cranston, Livonia, Michigan 48154, dated August 8, 1989, requesting permission to close Cranston between Scone and Perth on Saturday, September 9, 1989 from 2:00 p.m. to 9.00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, 10, including therein permission to conduct the said affair on Sunday, September 10, 1989 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #818-89 RESOLVED, that having considered a letter from Harold E. Turney, 37354 Bennett, Livonia, Michigan 48152, dated August 8, 1989, requesting the installation of a traffic sign allowing residents on Bennett and Vargo to go south and north on Newburgh Road, the Council does hereby refer this item to the Traffic Commission, Engineering Department and the Mayor for their respective reports and recommendations. #819-89 RESOLVED, that having considered a letter from Michael P Connelly, 8930 Thorpe, Livonia, Michigan 48150, dated August 2, 1989, expressing an interest in the purchase of certain City-owned property located at 8971 Floral , the Council does hereby refer this item to the Department of Law for its report and recommendation #820-89 RESOLVED, that having considered a petition signed by certain residents of Pine Creek Subdivision, received by the office of the City Clerk on August 3, 1989, requesting that the installation of street lights on Ellen Drive be halted, the Council does hereby refer the question of whether signs should be posted in all new subdivisions to inform purchasers that street lights (and the type thereof) will be installed to the Planning Department for its report and recommendation. 25213 #821-89 RESOLVED, that having considered a communication from the Department of Law, dated July 21 , 1989, approved by the City Engineer and the finance Director, and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Lyons Avenue right-of-way located in Section 24, owned by Chris Kyriazis, which land is more particularly described as follows: The West 30 feet of the following described parcel : That part of the Northeast 1/4 of Section 24, described as beginning at a point distant South 89 degrees, 49 minutes West along the North section line 658.0 feet and South 0 degrees, 19 minutes, 30 seconds East, 1484.73 feet and South 89 degrees, 49 minutes West 1056.13 feet and South 0 degrees, 25 minutes, 50 seconds East, 82.50 feet from the Northeast corner of Section 24 and proceeding thence South 89 degrees, 49 minutes West, 264.0 feet, thence South 0 degrees, 25 minutes, 50 seconds East along the East line of Lyons Avenue 30 feet wide, a distance of 82 50 feet; thence North 89 degrees, 49 minutes East, 264.0 feet, thence North 0 degrees, 25 minutes, 50 seconds 'lest, 8? 50 feet to the point of beginning. (Lyons Avenue IL, right-of-way) subject to the following conditions: (1 ) that the purchase price shall be in the sum of $2500; (2) that the City of Livonia shall pay for the cost of title work in the sum of $120; (3) that the City' s portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $280; BE IT FURTHER RESOLVED, that a sum not to exceed $2900 is hereby authorized to be expended from Special Assessment District No. 315 (Account 899-982-973-848) , pursuant to Council Resolution 104-89 adopted on February 6, 1989, for the acquisition of the said right-of-way, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #822-89 RESOLVED, that having considered a letter from Victor S. Chiasson, Special Events Coordinator of the Wayne County ibm Department of Public Services, dated August 7, 1989, with regard to the closing of the intersection of Newburgh Road and Edward Hines Drive and the intersection of Ann Arbor Trail and Edward 25214 LirHines Drive from 8 00 a.m to 12 noon for the purpose of conducting the Fifth Annual Wayne County Parks/Redford Roadrunner 20 Mile Marathon Training Run on Saturday, SeptEmber 23, 1989, the Council does hereby grant and approve this request in the manner and form herein submitted. #823-89 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated August 10, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Thompson-McCully Company, 11620 Whitmore Lake Road, Whitmore Lake, Michigan 48189, for the 1989 Asphalt Parking Lot Repair Program (Contract 89-N) for the estimated total cost of $119,408.40, 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 authorize and appropriate an expenditure of the sum of $109,408.40 from the Unexpended Balance of the General Fund and $10,000.00 from C.D.B.G. Funds for this purpose; and the City Engineer 4: hereby authorized to approve 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. #824-89 RESOLVED, that having considered a letter from the President of the Livonia YMCA Premier Soccer Club, dated August 10, 1989, and a communication from the Superintendent of Parks and Recreation, dated August 16, 1989, regarding a request from the aforesaid Club to operate one concession at Bicentennial Park on September 9, 1989, the Council does hereby approve this request in the manner and form herein submitted. #825-89 RESOLVED, that having considered the report and recommendation of the Court Administrator, dated August 16, 1989, which bears the signatures of the Judges of the 16th District Court and is approved for submission by the Finance Director and the Mayor, the Council does hereby authorize the purchase of 1 Model 4170 Gestetner AMI Duplicator and 1 Model 1103 Electronic Scanner (including Starter Kit and Add-A-Deck Stand) for the total price of $5,130.00, the same to be appropriated and expended from Account No. 101-141-983-000 - Capital Outlay Office Equipment for this purpose; further, the Council does hereby authorize the said purchase without lw. competitive bidding in accordance with the provisions set forth in Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. 25215 low #826-89 RESOLVED, that having considered a communication from the City Clerk, dated August 16, 1989, which indicates that the proprietor of the Fox Creek Meadows Subdivision, situated in the Southwest 1/4 of Section 5, 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 August 16, 1989, wherein said Commission approves the final plat for the said subdivision in its resolution 8-181-89, adopted on August 15, 1989, and the Council having considered a report from the City Engineer, dated August 15, 1989, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 933-88, adopted on September 28, 1988, said preliminary plat having been recommended for approval by the City Planning Commission on September 2, 1988 in its resolution 8-146-88; now, therefore the Council does hereby determine to grant its approval to the final plat of Fox Creek Meadows Subdivision, located in the Southwest 1/4 of Section 5, 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. #827-89 RESOLVED, that having considered a communication from the City Planning Commission, dated August 3, 1989, which transmits its resolution 8-174-89, adopted on August 1 , 1989, with regard to a sign permit application, submitted by Stamford Plaza Partnership requesting approval to erect a monument sign on property located at 33700 West Seven Mile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission A roll call vote was taken on the foregoing resolutions with the following results• AYES: Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy and Feenstra. NAYS- None Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: 25216 AN ORDINANCE AMENDING SECTION 24 OF THE ZONING MAF 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 89-4-1-10) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, Taylor, Ochala, Jurcisin and Feenstra. NAYS: McCotter and Toy. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 10, 1989, submitted pursuant to Council Resolution 697-89 in connection with a communication from the City Planning Commission, dated July 3, 1989, which transmits its resolution 6-145-89, adopted on June 27, 1989, with regard to Petition 89-6-2-38, submitted by Antell Partnership requesting waiver use approval to construct a motel (Comfort Inn) on property located north of Schoolcraft Road and east of Middlebelt Road in the Southwest 1/4 of Section 24, which property is zoned P.S. , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 89-6-2-38 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, as well as the additional condition that the height of the wall behind buildings 2 and 3 be increased by an additional 2' . On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to approve Petition 89-6-2-38 by Antell Partnership to construct a motel (Comfort Inn) North of Schoolcraft Road and East of lbs Middlebelt with two additional conditions. 1 . ) requiring 25217 additional landscaping as shown on the revised site plan dated August 23, 1989 and 2. ) requiring an increase in the height of the walls behind buildings 2 and 3 to a consistent level . A roll call vote was taken on the motion to subtitute with the following result: AYES: McCotter and Toy. NAYS. Bishop, Taylor, Ochala, Jurcisin and Feenstra The President declared the resolution to substitute denied On a motion by Councilman Taylor, seconded by Councilman Ochala, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to approve Petition 89-6-2-38 by Antell Partnership to construct a motel (Comfort Inn) North of Schoolcraft Road and East of Middlebelt Road with the additional condition that the landscaping, as shown on the revised site plan dated August 23, 1989 be required IL. A roll call vote was taken on the motion to substitute with the following result: AYES: Bishop, Taylor, Ochala, Jurcisin and Feenstra. NAYS. McCotter and Toy. The President declared the resolution to substitute adopted. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #828-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 10, 1989, submitted pursuant to Council Resolution 697-89 in connection with a communication from the City Planning Commission, dated July 3, 1989, which transmits its resolution 6-145-89, adopted on June 27, 1989, with regard to Petition 89-6-2-38, submitted by Antell Partnership requesting waiver use approval to construct a motel (Comfort Inn) on property located north of Schoolcraft Road and east of Middlebelt Road in the Southwest 1/4 of Section 24, which property is zoned P S. , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 89-6-2-38 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 25218 L Commission as well as the additional condition that the landscaping, as shown on the revised site plan dated August 23, 1989, be required A roll call vote was taken on the substitute resolution with the following result• AYES Bishop, Taylor, Ochala, Jurcisin and Feenstra NAYS. McCotter and Toy The President declared the resolution adopted. Councilwoman McCotter took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 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. (Petit c" 89-2-1-5) A roll call vote was taken on the foregoing Ordinance with the following result• AYES Bishop, McCotter, Taylor, Ochala, Jurcisin and Toy NAYS• Feenstra. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ochala took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 89-3-1-8) A roll call vote was taken on the foregoing Ordinance with the following result• ImoAYES Bishop, McCotter, Taylor, Ochala and Feenstra. NAYS• Jurcisin and Toy. 25219 LiThe President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTIONS 2.07, 8.02 and 27.04 OF ORDINANCE NO. 543, AS AMENDED, AND ADDING ARTICLES VIIA and XXVIIA of ORDINANCE NO. 543, AS AMENDED (Petition 89-2-6-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy and Feenstra. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become Affective on publication. Councilwoman McCotter took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 25 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. THEREO. (Petition 89-2-1-6) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, McCotter, Taylor, Ochala, Jurcisin and Feenstra. NAYS: Toy. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Iwo and unanimously On a motion by Councilman Taylor, seconded by Councilman Jurcisin, imously adopted, it was 25220 1829-89 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit considera.ion of several items that do not appear on the agenda. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #830-89 RESOLVED, that the Council does hereby request that the Inspection Department withhold enforcement of the Commercial Lawn Care Ordinance (No. 1998) pending further review of the Ordinance by the Legislative Committee, and the Council does hereby refer this subject to the Legislative Committee for its report and recommendation. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, this 1 ,159th Regular Meeting of the Council of the City of Livonia was adjourned at 9.52 P M. , August 23, 1989 Imp o ert F. Nash, City Clerk