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HomeMy WebLinkAboutCOUNCIL MINUTES 1987-02-25 23177 MINUTES OF THE ONE THOUSAND AND NINETY-EIGHTH REGULAR MEETING lL OF THE COUNCIL OF THE CITY OF LIVONIA On February 25, 1987, 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 Feenstra delivered the invocation. Roll was called with the following result. Robert E. McCann, Fernon P. Feenstra, Robert R. Bishop, Gerald Taylor, Robert D. Bennett and Ron Ochala. Absent: Joan McCotter (on vacation). Elected and appointed officials present: Robert F. Nash, City Clerk, George Weible, Assistant City Attorney, David N. Preston, Finance Director, John Nagy, Planning Director, Raul Galindo, City Engineer; Marilyn Kazmer, Director of Legislative Affairs; Ron Mardiros, City Assessor, Ray Pommerville, Labor Relations Director; Michael Reiser, Facility Maintenance Manager, Edith Davis, P.-.Irscnnel Director L. anc Patricia Smith of the Traffic Commission By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #135-87 RESOLVED, that the minutes of the 1 ,097th Regular Meeting of the Council of the City of Livonia, held February 11 , 1987, are hereby approved A communication from the Planning Director, dated February 6, 1987, forwarding the 1986 Zoning Study was received and placed on file for the information of the Council . On a motion by Councilman Feenstra, seconded by Councilman Taylor,it was #136-87 RESOLVED, that having considered a letter from Maybelle and Wilson Munn, 15027 Auburndale, Livonia , Michigan 48154 dated February 4, 1987 wherein it is suggested that the City consider establishing a "Memorial Garden, Tribute Walk" or a similar program involving the planting of trees in dedication to the memory of a Livonia citizen, the Council does hereby refer this item to the Capital Improvement Committee, Historical Commission _ _ _ 23178 I... and the Parks and Forestry Division for their respective reports and recommendations. 1137-87 RESOLVED, that having considered a letter from Michael ' s Limousine Service, 32825 W. 8 Mile Road, Livonia, Michigan 48152 dated February 3, 1987 wherein it is requested that the licensing ordinance be amended so as to eliminate rate regulation with respect to such motor vehicles for hire, the Council does hereby refer this item to the Department of Law for the preparation of the requested ordinance amendment for submission to the Council . 1138-87 RESOLVED, that having considered a letter from Donald McKinnon, 8985 Floral , Livonia, Michigan 48150 received by the Office of the City Clerk on February 5, 1987 with regard to the plight of George and Maxine Carlos, 8971 Floral , Livonia, Michigan, the Council does hereby refer this item to the Director of Housing for his report and recommendation. A communication from the Director of Public Works, dated February 16, 1987, re Study Meeting of February 16, 1987, Agenda Item 4 - Requested Removal of Tree was received and placed on file for the information of the Council . 1139-87 RESOLVED, that having considered a letter from the Chair of the Heritage Fair dated February 3, 1987 requesting permission to conduct the Annual Heritage Fair at Greenmead on June 6th and June 7th, 1987 as well as permission for the "Pennsylvanians" to conduct their encampment, including a sleepover, upon the grounds at Greenmead, on June 6th and 7th, 1987, the Council does hereby concur in and approve this request in the manner and form herein submitted, further, the Council does hereby request that the Mayor Pro Tem submit a report and recommendation with regard to the waiving of costs involved in providing reserve police in connection with this activity. 1140-87 RESOLVED, that having considered a letter from the Livonia Arts Commission and the Coordinator of the Fine Arts and Crafts Festival dated February 5, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, wherein permission is requested to conduct the 11th Annual Fine Arts and Crafts Festival on June 20-21 , 1987 at Greenmead Historical Village as well as waiving all license fees for participants in connection with the festival , the Council does hereby concur in and approve of this request in the manner and Imp form herein submitted, and the Mayor Pro Tem is hereby requested to submit a report and recommendation with regard to waiving costs involved in providing reserve police in connection with this activity. 23179 lb. #141-87 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated January 30, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Robertson Brothers Service Company, Inc. , 32749 Northwestern Highway, Farmington Hills, Michigan 48018 for the opening and closing of the three municipal pools for a total cost in the amount of $3,085.00, the same having been in fact the lowest bid received and meets all specifications. #142-87 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated January 30, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does hereby accept the unit price bid of Town and Country Pools, 3773 E. Morgan Rd. , Ypsilanti , Michigan, for supplying chlorine for the price of $0.84/gal . deposit. $4.00/Carboy, the same having been in fact the lowest bid received and meets all specifications. #143-87 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated February 3, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem which transmits Parks and Recreation imp Commission Resolution 1868-86 wherein it is recommended that the fee structure of the Department of Parks and Recreation include the processing charge for cancellation by teams having been scheduled in a league, the Council does hereby concur in and approve of such action #144-87 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated January 29, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby accept the unit price bid of Turf Chemicals, Inc. , P.O. Box 451 , Owosso, Michigan 48867 for supplying the Public Service Division (Golf Course and Parks Section) with the fertilizer materials specified at the unit prices bid. Material to be Furnished Unit Prices Bid 13-0-44 Golf course fertilizer $391 .00 per ton 20-5-10 Golf course fertilizer 310.00 per ton 18-4-10 Golf course fertilizer 431 .00 per ton 20-5-10 Parks fertilizer 310.00 per ton the same having been in fact the lowest bid received and meets all specifications #145-87 RESOLVED, that having considered a communication from the Water and Sewer Board dated February 10, 1987, approved by the Director of Finance and approved for submission by the 23180 LMayor Pro Tem and which transmits its resolution WS 2746 2/87, the Council does hereby accept the bid of Universal Equipment Company, 530 E. Maple Road, Troy, Michigan 48083 for supplying the Public Service Division (Sewer Maintenance Section) with a trailer-mounted Rotary Screw Air Compressor (175 CFM) for a total price of $9,165.00, the same having in fact been the lowest bid received which meets all specifications; and the bid of Wayne Equipment Sales, Inc. is hereby rejected for the reason that it does not meet specifications. #146-87 RESOLVED, that having considered a communication from the Water and Sewer Board dated February 10, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem and which transmits its resolution WS 2747 2/87, the Council does hereby accept the bid of Jack Doheny Supplies, Inc. , P.O Box 609, Northville, Michigan 48167 for supplying the Public Service Division (Sewer Maintenance Section) with a trailer-mounted Power Sewer Rodder for a net price of $21 ,617.00, based on a total price of $24,117.00 less trade-in of $2,500.00, the same having in fact been the lowest and only bid received. #147-87 RESOLVED, that having considered a communication from the Water and Sewer Board dated February 10, 1987, approved Iwo by the Director of Finance and approved for submission by the Mayor Pro Tem and which transmits its resolution WS 2748 2/87, the Council does hereby accept the bid of Joe Panian Chevrolet, 28111 Telegraph Road, P.O. Box 2147, Southfield, Michigan 48037, for supplying the Public Service Division (Sewer Maintenance Section) with two (2) one ton Cab and Chassis with 12stake bodies for a net price of $21 ,507 12, based on a total price of $22,668.12 less trade-ins of $1 ,161 .00, the same having been in fact the lowest bid received and meets all specifications. #148-87 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works dated February 5, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem and to which are attached invoices in the total amount of $29,422.90 from B & V Construction, Inc , 25301 Novi Road, P 0 Box 695, Novi , Michigan 48050, for contracted assistance to plow snow from city streets during the snow emergencies on January 10 and 19, 1987, the Council does hereby authorize the payment of same without competitive bidding in accordance with Section 3.04 140 D.1 of the Livonia Code of Ordinances, as amended. #149-87 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 116. 23181 L4, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Depco Equipment Co. , 21535 Telegraph Road, P.O. Box 885, Southfield, Michigan 48037 for supplying the Public Service Division (Road Maintenance Section) with a Concrete Breaker for a total price of $11 ,999.00, the same having been in fact the lowest bid received which meets specifications, and the bid of AIS Construction Equipment Corp. is hereby rejected for the reason that it does not meet specifications. 1150-87 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 6, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Joe Panian Chevrolet, Inc. , P.O. Box 2147, Southfield, Michigan 48037, for supplying the Public Service Division (Road Maintenance Section) with a compact Pickup Truck for a net price of $7,646.01 , based on a total price of $7,957.01 , less trade-in of $311 .00, the same having been in fact the lowest bid received and meets all specifications. 1151-87 RESOLVED, that having considered a letter from the City Treasurer dated February 6, 1987, approved by the Finance Director, the Council does hereby authorize the transfer of L the sum of $775.00 from Account 101-253-810.000 (Bank Expense) to Account 101-253-983.000 (Capital Purchases), the action herein being taken for the reasons indicated in the aforesaid communication A communication from the Police Chief, dated January 30, 1987, re Designated Smoking Areas in the existing police buildings was received and placed on file for the information of the Council . A communication from the Chairman of the Livonia Traffic Commission, dated February 5, 1987 re CR 1172-86 - Request Report/Recommendation Relative to the Traffic Problem in the Area of Middlebelt at or Near Where It Intersects with Broadmoor, Sunnydale and Terrence was received and placed on file for the information of the Council A communication from the City Engineer, dated January 30, 1987, re 31715 LEight Mile Road (C.R. 36-87) was received and placed on file for the information of the Council . 23182 #152-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 28, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby amend Item 7 of Council Resolution 344-86 adopted on April 9, 1986 as amended by Council Resolution 946-86, so as to reduce the financial assurances now on deposit with the City for General Improvements to $5,000 cash in the Windridge Village Subdivision No. 5, located in the West 1/2 of Section 4, to cover the costs of these improvements, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, the Council does hereby authorize the release to Biltmore Properties Company, 2900 West Maple Road, Troy, Michigan 48084, the proprietor of the Windridge Village Subdivision No. 5, of the financial assurances previously deposited with regard to survey monuments in the amount of $4,380.00 cash, 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; and all other financial assurances now on deposit with the City, including those for sidewalks, shall remain the same and unchanged. #153-87 RESOLVED, that having considered a communication from the Planning Commission dated February 3, 1987 which transmits its Resolution 1-19-87 adopted on January 27, 1987 wherein the Commission did amend Part VII of the Master Plan, the Future Land Use Plan, by changing the designation of property located on the east side of Farmington Road between Pickford and Curtis in the Northwest 1/4 of Section 10 from residential to office, the Council does hereby certify and acknowledge the receipt of same #154-87 WHEREAS, pursuant to the direction of the City Council in its resolution 52-86, adopted on January 15, 1986, and in accordance with Section 3.08 100 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 January 30, 1987 an assessment roll dated January 30, 1987 for the improvement of Gillman (Seven Mile to Curtis) and Clarita and Pickford (east and west of Gillman) by pulverizing and relaying (roto-milling) the existing deteriorated asphalt, placing approximately 2" of new asphalt, and installing new concrete curb and gutter sections (Method III) 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 52-86. 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 23183 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 Monday, April 6, 1987, at 8:00 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 City, at least ten (10) days prior to the aforesaid date of Monday, April 6, 1987, 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. #155-87 WHEREAS, pursuant to the direction of the City Council in its resolution 50-86 adopted on January 15, 1986, and in accordance with Section 3.08.100 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 January 30, 1987 an assessment roll dated January 30, 1987 for the improvement of Lathers (Seven Mile to Curtis) and Clarita and Pickford (east and west of Lathers) by paving the streets with a 31-foot wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II ) 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 50-86 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 Monday, April 6, 1987, at 8.00 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 City, at least ten (10) days prior to the aforesaid date of Monday, April 6, 1987, the City Clerk is also directed to give 23184 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. #156-87 WHEREAS, pursuant to the direction of the City Council in its resolution 358-86, adopted on April 9, 1986, and in accordance with Section 3.08.100 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 January 30, 1987 an assessment roll dated January 30, 1987 for the improvement of Lathers (North of Seven Mile) by paving the street with a 28-foot wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) 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 358-86. 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 Monday, April 6, 1987, at 8 00 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 City, at least ten (10) days prior to the aforesaid date of Monday, April 6, 1987, 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. 1157-87 WHEREAS, pursuant to the direction of the City Council in its resolution 260-86, adopted on March 12, 1986, and in accordance with Section 3 08 100 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 January 30, 1987 an assessment roll dated January 30, 1987 for the improvement of Mayfield (Seven Mile to Clarita) by paving the street with a 31-foot wide deep strength asphalt pavement with concrete curb and gutters (Alternate II ) containing the special assessments to be assessed and levied, respectively, 23185 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 260-86. 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 Monday, April 6, 1987, at 8:00 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 City, at least ten (10) days prior to the aforesaid date of Monday, April 6, 1987; 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. 1158-87 WHEREAS, pursuant to the direction of the City Council in its resolution 693-86, adopted on July 9, 1986, and in accordance with Section 3.08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of February 5, 1987 an assessment roll dated February 5, 1987 for the improvement of Harrison (Five Mile to Lyndon) , Sunbury (Jamison to Oakley) and Oakley (Sunbury to Harrison) by paving the street with 4" of asphalt on existing roadway (Alternate IV) 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 693-86. 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 23186 will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, April 1 , 1987, at 8:00 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 City, at least ten (10) days prior to the aforesaid date of Wednesday, April 1 , 1987, 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. 1159-87 WHEREAS, pursuant to the direction of the City Council in its resolution 692-86, adopted on July 9, 1986, and in accordance with Section 3.08.100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of February 5, 1987 an assessment roll dated February 5, 1987 for the improvement of Oak Drive (North of Five Mile Road) by paving the street with 4" of asphalt pavement (Alternate IV) 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 692-86. 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, April 1 , 1987, at 8 00 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 City, at least ten (10) days prior to the aforesaid date of Wednesday, April 1 , 1987 , 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 23187 City Assessor' s office. #160-87 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, April 1 , 1987 at 8.00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 86-12-1-51 , submitted by Dale A. Steltzner for a change of zoning of property located on the southeast corner of Eight Mile and Gill Roads in the Northeast 1/4 of Section 4 from R-3 to P.S. , the City Planning Commission in its resolution 1-13-87 having recommended to the City Council that Petition 86-12-1-51 be denied; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments(s) to the Zoning Ordinance, and/or (b) location of the proposed change(s) of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #161-87 RESOLVED, that having considered a communication from the City Engineer dated February 11 , 1987, approved for submission by the Mayor Pro Tem, with respect to a request to demolish a building located at 9269 Lamont, Livonia, Michigan, the legal description of which is as follows Land in the City of Livonia, County of Wayne, and State of Michigan, described as Lot 374, Plat of Golden Ridge Subdivision No. 1 , as recorded in Liber 62 Page 94 of Plats, Wayne County Records 23188 lbw and a hearing having been conducted by the Engineering and Building Department on December 11 , 1986, at the conclusion of which, based upon the testimony and evidence presented, it having been the determination of the Hearing Officer that the said structure should be demolished inasmuch as it represents a hazard and danger to the public health, safety and welfare, the Council does hereby determine, in accordance with the provisions set forth in Section 15.52.140 of the Livonia Code of Ordinances, that a hearing shall take place before the City Council of the City of Livonia, Wednesday, April 1 , 1987 at 8 00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, FURTHER, the City Clerk is hereby requested to, no less than ten (10) days prior to the aforesaid date of the said hearing, cause to have a notice in writing of the aforesaid hearing to be mailed by certified mail , return receipt requested, addressed to the owner or agent thereof, or person in control of such building or structure and the mortgagee of record or lienholders of record, and if no such party or parties can be located, then the notice shall be directed to each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records, AND, FURTHER, the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result. AYES Feenstra, Bishop, Taylor, Bennett, Ochala, McCann NAYS: None Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 12 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 86-7-1-30, change of zoning from RUF TO P.S and P) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in lbwthe 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 . 23189 imp Councilman Ochala gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10 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 85-9-1-25, change of zoning from R-1 to P S. ) 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 . Councilman Bishop took from the table, for second reading and adoption, Lthe following Ordinance: AN ORDINANCE AMENDING SECTION 040 OF TITLE 2, CHAPTER 25 (ENGINEERING AND BUILDING) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES• Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS• None 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 VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 86-9-3-7) A roll call vote was taken on the foregoing Ordinance with the following result 23190 im• AYES: Feenstra, Bishop, Bennett, Ochala, McCann. NAYS: Taylor. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 5 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 86-9-1-38, change of zoning from RUF to P.1 ) A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Feenstra, Bishop, Taylor, McCann NAYS• Bennett, Ochala The 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 SECTION 7 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 86-9-1-42, change of zoning from P L to C-2 and PO II) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, Bishop, Taylor, Bennett, Ochala, McCann NAYS None lis The President declared the foregoing Ordinance duly adopted, and would become effective on publication 23191 impCouncilman Bennett took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 9 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 86-10-1-43, change of zoning from RUFB to R-4B) A roll call vote was taken on the foregoing Ordinance with the following result: AYES. Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS. None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. iwo Councilman Taylor took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 3 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 86-8-1-34, change of zoning from ML to R-1 and R-3A and M-1 to R-1 and RUFA) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, Bishop, Taylor, Bennett, Ochala, McCann NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Bishop, seconded by Councilman Bennett, it was 23192 #162-87 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated February 6, 1987, approved for submission by the Finance Director and Mayor Pro Tem, the Council does hereby accept the bid of Paddock Pools, 32749 Northwestern Highway, Farmington Hills, Michigan 48018 for the removal and replacement of the Gutter System at Clements Circle Pool for the price of $74,000.00, which price includes a ten-year warranty on the gutter and a five-year additional warranty on the structure as well as the opening of the pool , the same having in fact been the lowest bid received and meets all specifications and the Council does hereby appropriate a sum not to exceed $74,000.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result- AYES: Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it 10 was #163-87 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Chairman of the Water and Sewer Board dated February 10, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby authorize the purchase of seven (7) 3/4 ton Pick Up Trucks through the State of Michigan Contract from Classic Chevrolet, Inc. , P 0 Box 9008, Grand Rapids, Michigan 49509 for a total price in the amount of $71 ,881 .18, three (3) will be purchased from the Water Maintenance Budget (Account 591-000-140 000 000) and four (4) vehicles from the Equipment Maintenance Budget (Account 101-446-985.000.000) , and the Council does hereby reject all of the competitive bids received with respect to this item for the reasons indicated in the aforesaid communication, and the Council does hereby authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan price, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 1 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result AYES- Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS None. 23193 On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #164-87 RESOLVED, that having considered a communication from the City Planning Commission dated February 2, 1987, which transmits its resolution 12-15-87 adopted on January 27, 1987 with regard to Petition 86-12-2-41 , submitted by Basil Fernimos, requesting waiver use approval to operate an automotive collision shop within an existing building located on the west side of Stark Road, south of the C & 0 Railway in the Southeast 1/4 of Section 28, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 86-12-2-41 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 Feenstra, and unanimously adopted, it was #165-87 RESOLVED, that having considered a communication from the City Planning Commission dated February 3, 1987, which transmits its resolution 1-16-87 adopted on January 27, 1987 with regard to Petition 86-12-2-42, submitted by Eugene A. Eicher, Jr. requesting waiver use approval to operate an auto reconditioning and waxing business within an existing building on the northwest corner of Stark Road and Glendale in Section 28, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 86-12-2-42 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 Ochala, and unanimously adopted, it was #166-87 RESOLVED, that having considered a communication from the City Planning Commission dated February 3, 1987, which transmits its resolution 1-17-87 adopted on January 27, 1987 with regard to Petition 86-12-2-43, submitted by R L Moles for Jacobsons Stores requesting waiver use approval to operate a restaurant within a retail store located on the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning 23194 Commission and Petition 86-12-2-43 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 Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #167-87 RESOLVED, that having considered a communication from the City Planning Commission dated February 3, 1987, which transmits its resolution 1-18-87 adopted on January 27, 1987 with regard to Petition 86-12-2-44, submitted by R. L. Moles for Jacobsons Stores requesting waiver use approval to utilize a Class C Liquor License for a restaurant within a retail store located at the northwest corner of Six Mile and Newburgh Roads in the Southeast 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 86-12-2-44 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 Taylor, and unanimously adopted, it was #168-87 RESOLVED, that having considered a communication from the City Planning Commission dated February 3, 1987, which transmits its resolution 2-30-87 adopted on February 10, 1987 with regard to Petition 87-1-2-1 , submitted by Malak Associates, Inc , requesting waiver use approval to construct an auto repair facility on the east side of Middlebelt, north of Plymouth Road in the Southeast 1/4 of Section 25, which property is zoned M-1 , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #169-87 RESOLVED, that having considered a communication from the City Planning Commission dated February 3, 1987 which transmits its resolution 1-24-87 adopted on January 27, 1987 with regard to Petition 87-1-8-1 , submitted by Hobbs & Black Associates requesting site plan approval in connection with a proposal to construct an out patient clinic on the north side of Plymouth Road between Middlebelt and Merriman Roads in Section 26 in accordance with Section 18 47 of Zoning Ordinance No. 543, the Council does hereby concur 23195 in the recommendation of the Planning Commission and approve and grant the said petition subject to compliance with the same conditions as those set forth in the aforesaid action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Bishop, Bennett, Ochala, McCann. NAYS: Taylor. The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #170-87 RESOLVED, by the City Council of the City of Livonia that Jerome D. McMahon, Emergency Preparedness Director, 14910 Farmington Road, Livonia, Michigan 48154, (421-2000) , is hereby authorized to execute for and in behalf of the City of Livonia, a public entity established under the laws of the State of Michigan, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President' s Disaster Relief Fund, FURTHER, that the City of Livonia, a public entity established under the laws of the State of Michigan, hereby authorizes its agent to provide to the State and to the Federal Disaster Assistance Administration (FDAA), Department of Housing and Urban Development (HUD) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side thereof. On a motion by Councilman Bishop, seconded by Councilman Ochala, it was #171-87 RESOLVED, that having considered a communication from the Executive Director of the National League of Cities dated January 9, 1987, which provides information on direct city membership in the National League of Cities, the Council does hereby authorize the City Clerk to complete a membership application form for and on behalf of the City of Livonia for membership in the National League of Cities and to pay the annual dues in the amount of $4,350 00 as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result 23196 AYES: Feenstra, Bishop, Taylor, Bennett, Ochala. NAYS: McCann. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #172-87 WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of and, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 41 "; and WHEREAS, written notice has been given by certified mail to Multiple Industrial Corp. of the Council 's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No. 41 , and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 41 , and WHEREAS, on February 16, 1987 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 41 , at which time Multiple Industrial Corp. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ), and a representative of Multiple Industrial Corp attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 . An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 23197 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 41 . " EXHIBIT A PT OF NW 1/4 SEC 27 T1SR9E BEG NODEG 21M 10S E 49.50FT AND S89DEG 12M 30S E 470FT FROM W 1/4 COR SEC 27 TH NODEG 21M 105 E 420FT TH N89DEG 12M 30S W 250FT TH SODEG 21M 10S W 420FT TH N89DEG 12M 30S W 250FT POB 2.41 AC A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Bishop, Taylor, Bennett, McCann. NAYS: Ochala. The President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Taylor, it was X1173-87 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of and, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 42"; and WHEREAS, written notice has been given by certified mail to Ram Real Estate Enterprises of the Council ' s pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No. 40, and WHEREAS, notice has been giver to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No. 40, and WHEREAS, on February 16, 1987 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 40, at which time Ram Real Estate Enterprises and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ), and a representative of Ram Real Estate Enterprises attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, 23198 lis NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 1 . An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 42". EXHIBIT A That Part of the NE 1/4 of Sec 2 Des as Beg at a Point on the N Line of said Sec Distant S 89D 56M 50Sec E 430 Ft. from the N1/4 corner of Sec. 2 and proceeding Th S 89D 56M 50Sec E 110 Ft. Th S OD 02M E 360 Ft. Th N. 89D 56M 50Sec W 110 Ft. Th N OD OM w 360 Ft. to the POB except the North 60 Ft. thereof 0.76 AC. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Bishop, Taylor, Bennett, McCann. NAYS: Ochala. L The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was 1174-87 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of and, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 40", and WHEREAS, written notice has been given by certified mail to Ram Real Estate Enterprises of the Council ' s pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 40, and 23199 WHEREAS, on February 16, 1987 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No. 40, at which time Ram Real Estate Enterprises and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ), and a representative of Ram Real Estate Enterprises attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 1 . An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 40". EXHIBIT A That part of the NE 1/4 of Sec 2 Des as Beg at a point on the N line of said Sec distant S 89D 56M 5OSec E 540 Ft. from the N 1/4 Corner of Sec 2 and Proc Th S 89D 56M 50Sec E along said N line 113.50 Ft. Th S OD 02M O8Sec E 360 Ft. Th N 89D 56M 5OSec W 113.53 Ft. Th N OD 02M W 360 Ft. to the POB Exc the North 60 Ft. thereof 0.78 Acre. A roll call vote was taken on the foregoing resolution with the following result AYES: Feenstra, Bishop, Taylor, McCann NAYS: Bennett, Ochala. The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilman Ochala, it was 1175-87 RESOLVED, that having considered a comrr.unication from the City Planning Commission, dated February 17, 1987, which sets forth its resolution 12-309-86 adopted on December 9, 1986, with regard to Petition 86-11-2-38 submitted by Richard D Sikora 23200 requesting waiver use approval to utilize an SDM license in connection with an existing business located within the Laurel Commons Shopping Center on the north side of Six Mile Road, east of Newburgh in the Northeast 1/4 of Section 23, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on February 16, 1987, pursuant to Council Resolution 25-87, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 86-11-2-38 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Taylor, Ochala, McCann. NAYS• Bishop, Bennett The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #176-87 RESOLVED, that having considered a communication from the City Planning Commission dated December 15, 1986, which sets forth its resolution 12-306-86 adopted on December 9, 1986, with regard to Petition 86-11-1-46, submitted by Gerald Borregard for a change of zoning on property located on the east and west sides of Oporto, south of Six Mile Road in the Northeast 1/4 of Section 14 from RUFA and R-5 to P.S , and the Council having conducted a public hearing with regard to this matter on February 18, 1987, pursuant to Council Resolution 23-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-11-1-46 is hereby denied for the same reasons as those set forth in the aforesaid action of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES: Feenstra, Bishop, Taylor, Bennett, Ochala, McCann NAYS None On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was Imo #177-87 RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 1986 which sets forth its resolution 12-307-86 adopted on December 9, 1986 23201 with regard to Petition 86-11-1-47 submitted by Pamela J. Bacon for a change of zoning on property located on the west side of Farmington Road between Oakdale and Myrna Avenues in the Southeast 1/4 of Section 16, from P.S. to R-3, and the Council having conducted a public hearing with regard to this matter on February 18, 1987, pursuant to Council Resolution 23-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-11-1-47 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 No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and 110 unanimously adopted, it was #178-87 RESOLVED, that having considered a communication from the City Planning Commission dated December 15, 1986 which sets forth its resolution 12-312-86 adopted on December 9, 1986 with regard to Petition 86-10-6-3, submitted by the City Planning Commission to amend Sections 25.07 and 26 07 of Zoning Ordinance No. 543 by incorporating language regarding the regulation of walls for high-rise buildings, and the Council having conducted a public hearing with regard to this matter on February 18, 1987, pursuant to Council Resolution No. 23-87, the Council does hereby refer this item to the Legislative Committee for its report and recommendation On a motion by Councilman Taylor, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 1986, which sets forth its resolution 12-308-86 adopted on December 9, 1986, with regard to Petition 86-10-2-36 submitted by KFC Take Home Food Company requesting waiver use approval to construct a 1110 restaurant on the southwest corner of Farmington Road and Schoolcraft Service Drive in the Northeast 1/4 of Section 28, which property is zoned C-2, and the Council having conducted a public hearing 23202 with regard to this matter on February 18, 1987, pursuant to Council Resolution 24-87, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 86-10-2-36 is hereby approved and granted; provided, however, that the foregoing action does not include approval of the proposed sign and that any future sign to be located on the property shall require prior approval of the City Council and that the site plan be amended to include a roofed dumpster enclosure as a condition of approval . A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Bennett, McCann. NAYS Feenstra, Bishop, Ochala. The President declared the resolution denied. On a motion by Councilman Bennett, seconded by Councilman Taylor, it was RESOLVED, that the Council does hereby move the matter of Petition 86-10-2-36 submitted by KFC Take Home Food Company Imo requesting waiver use approval to construct a restaurant on the southwest corner of Farmington Road and Schoolcraft Service Drive in the Northeast 1/4 of Section28which property is zoned C-2, to the next regular meeting of the Council . A roll call vote was taken on the foregoing resolution with the following result• AYES: Taylor, Bennett, McCann NAYS Feenstra, Bishop, Ochala The President declared the resolution denied. At the direction of the Chair, the above item with regard to Petition 86-10-2-36 was moved to the next regular meeting of the Council . Councilman Feenstra challenged the Chair The Council President relinquished the Chair and a roll call vote was taken on the challenge to the Chair with the fol- lowing result AYES• McCann, Bennett, Taylor NAYS• Feenstra, Bishop, Ochala 23203 The Vice President declared the challenge denied. The President resumed the Chair and withdrew his direction to refer Petition 86-10-2-36 to the next regular meeting of the Council . On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was #179-87 RESOLVED, that the Council hereby moves the matter with regard to Petition 86-10-2-36 by KFC Take Home Food Company requesting waiver use approval to construct a restaurant on the southwest corner of Farmington Road and Schoolcraft Service Drive in the Northeast 1/4 of Section 28which property is zoned C-2, to the next Study Session of the Council . A roll call vote was taken on the foregoing resolution with the following result AYES. Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS: None. Iwo On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #180-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 18, 1987 and submitted pursuant to Council Resolution 784-86 in connection with a communication from the City Planning Commission, dated June 16, 1986, which sets forth its resolution 6-140-86 adopted on June 3, 1986 with regard to Petition 86-5-1-20, submitted by the City Planning Commission for a change of zoning on property located on the West side of Newburgh Road, South of Six Mile Road in the Northeast 1/4 of Section 18 from P.L. to P.S. , and the Council having conducted a public hearing with regard to this matter on July 28, 1986, the Council does hereby concur in the recommendation of the Planning Commission and said Petition 86-5-1-20 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 No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result- 23204 AYES: Feenstra, Taylor, Bennett, McCann. NAYS: Bishop, Ochala. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Bishop,it was #181-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 18, 1987, submitted pursuant to Council Resolution 671-86 in connection with the report and recommendation of the Director of Finance dated June 20, 1986, approved for submission by the Mayor, the Council does hereby accept the offer to purchase the City-owned fire station site located on the west side of Newburgh Road, south of Six Mile Road from J.D. Dinan, 37799 Professional Center Drive, Livonia, Michigan 48154, in the amount of $155,150 cash, subject to the said property being rezoned from P.L. to P.S. , the same having been in fact the highest offer received, and the Council does hereby authorize the withdrawal of the offer of Raymond Nagle for the reasons indicated in a letter dated June 11 , 1986, and the Department of Law is hereby requested to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby determine that the proceeds from the aforesaid sale of property shall be deposited in the 1968 Fire Department Bond Issue Account. A roll call vote was taken on the foregoing resolution with the following result AYES: Feenstra, Bishop, Taylor, Bennett, McCann NAYS. Ochala, The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #182-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 18, 1987 and submitted pursuant to Council Resolution 1155-86 in connection with a letter from the Michigan Liquor Control Comnission, and the report and recommendation of the Chief of Police dated November 14, 1986 in connection therewith, the Council does hereby approve of the request from Richard George to transfer ownership of a 1986 SDD-SDM licensed business from Sunshine Foods for a business located at 38675 Ann Arbor Road, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 23205 On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #183-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 18, 1987 submitted pursuant to Council Resolution 459-86 in connection with a communication from the City Planning Commission, dated February 28, 1986, which sets forth its resolution 2-44-86 adopted on February 18, 1986, with regard to Petition 85-12-1-37, submitted by Quakertown Ltd. Partnership for a change of zoning on property located on the south side of Six Mile Road, between Haggerty Road and Quakertown Lane in the Northwest 1/4 of Section 18, from P.S. to C-2, the Council does hereby reject the recommendation of the Planning Commission and said Petition 85-12-1-37 is hereby denied. A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 1184-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 18, 1987, submitted pursuant to Council Resolution 837-86 in connection with a communication from the City Planning Commission, dated June 23, 1986 which sets forth its resolution 6-156-86 adopted on June 17, 1986 with regard to Petition 86-5-1-23, submitted by the City Planning Commission for a change of zoning on property located on the Northeast corner of Six Mile and Haggerty Roads in the Southwest 1/4 of Section 7 from C-2 to P.S. , and the Council having conducted a public hearing with regard to this matter on August 20, 1986, pursuant to Council Resolution 669-86 the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-5-1-23 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 No 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Feenstra, Bishop, Taylor, Ochala, McCann. ibm NAYS: Bennett. The President declared the resolution adopted. 23206 On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #185-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 2, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby rescind and repeal Council Resolution 708-86 adopted on July 23, 1986 with regard to the plat of Belden Industrial Subdivision. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #186-87 RESOLVED, that having considered a communication from the City Clerk dated June 27, 1986, which indicates that Paragon Properties Company, 29200 Southfield Road, Suite 215, Southfield, Michigan 48076, proprietor of Belden Industrial Subdivision, situated in the Southwest 1/4 of Section 28, 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 June 25, 1986, wherein said Commission approves the final plat for said subdivision in its resolution 6-166-86, adopted on June 17, 1986, and the Council having considered a report from the City Engineer dated June 17, 1986 recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 23-86 adopted on January 15, 1986, said preliminary plat having been recommended for approval by the City Planning Commission on February 13, 1985 in its resolution 81-85, now, therefore, the Council does hereby determine to grant its approval to the final plat of Belden Industrial Subdivision, located in the Southwest 1/4 of Section 28, 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 On a motion by Councilman Bishop, seconded by Councilman Taylor, and iwounanimously adopted, it was 23207 #187-87 RESOLVED, that pursuant to the provisions of Section 2.14.020 of the Livonia Code of Ordinances, as amended, and based upon the appointment of the Mayor Pro Tem dated February 5, 1987, the Council does hereby consent to and confirm the appointment of Julia E. Ball , 16354 Edgewood, Livonia, Michigan 48154 to the Board of Review for a term of one (1 ) year commencing February 17, 1987 and expiring February 16, 1988, providing she takes the oath of office as required in Chapter X, Section 2 of the City Charter to be administered by the City Clerk. On a motion by Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #188-87 RESOLVED, that pursuant to the provisions of Section 2.14.020 of the Livonia Code of Ordinances, as amended, and based upon the appointment of the Mayor Pro Tem dated February 5, 1987, the Council does hereby consent to and confirm the appointment of Mary Ciolino, 30410 Munger, Livonia, Michigan 48154 to the Board of Review for a term of one (1 ) year commencing February 17, 1987 and expiring February 16, 1988, providing she takes the oath of office as required in Chapter X, Section 2 of the City Charter to be administered by the City Clerk im• On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #189-87 RESOLVED, that pursuant to the provisions of Section 2.14.020 of the Livonia Code of Ordinances, as amended, and based upon the appointment of the Mayor Pro Tem dated February 5, 1987, the Council does hereby consent to and confirm the appointment of Cecil Harris, 18328 University Drive, Livonia, Michigan 48154 to the Board of Review for a term of one (1 ) year commencing February 17, 1987 and expiring February 16, 1988, providing he takes the oath of office as required in Chapter X, Section 2 of the City Charter to be administered by the City Clerk On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #190-87 RESOLVED, that having considered a communication dated February 10, 1987, from the Department of Law transmitting for ibp Council acceptance a Quit Claim Deed, more particularly described as 23206 Quit Claim Deed dated June 30, 1986, executed by Jerry H. Steward, President and Joseph H. Steward, Secretary-Treasurer of Multifastener Corporation ,a Michigan Corporation, for: A part of the N E 1 /4 of Section 27 , T . 1S . , R . 9E . , City of Livonia , Wayne Count- , ) 1chitRn , being more particularly de- scribed as be^inning at a point on the West line of Merriman Road ( 120 feet wide) , distant S . 02'33' 19" E. , 904 . 15 feet along the East line of said Section 27 , and S . 88'12 '01"W. , 60.00 feet to the point of beginning from the N .E . corner of Section 27 , T.1S . , R.9E. , thence S . 02'33' 19" E . , along said West line 30.00 feet ; thence S . 88'12 '01" W . , 650 .00 feet ; thence 122 . 13 feet along a curve to the left (radius 940.00 feet , central angle 07 '26 ' 38" chord bears S . 83'43' 21"W. , chord distant 122 . 04 feet) • thence N. 02'07 ' 54" W. , 39 . 52 feet ; thence N . 88° 12 ' 01" E . , 771 .50 feet to the point of beginning. Contains 23 ,560 square feet or 0.541 Acre . the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #191-87 RESOLVED, that having considered a communication from the Director of Comnunity Resources dated February 10, 1987, approved by the Finance Director, approved for submission by the Mayor Pro Tem, the Council does hereby accept donations in the amount of $961 .00 from the sources indicated in the aforesaid comnunication, and the Council does hereby increase Sundry Income Account 101-000-698 000 and Community Resources Account 101-891-931 .010 each in a like amount of $961 OC. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #192-87 RESOLVED, that having considered a comnunication from the Mayor Pro Tem dated February 18, 1987, wherein it is indicated that Mr Gerald D Taylor, 36734 Sunnydale, Livonia, Michigan 48154, has been appointed as a replacement to fill the balance of the term of Robert E McCann to the Board of Directors of the Economic Development Corporation of the City of Livonia, for a term expiring June 7, 1990, the Council does hereby approve 23209 of and concur in the aforesaid action provided that the aforesaid person takes the oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the Office of the City Clerk. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #193-87 RESOLVED, that having considered a communication dated February 17, 1987, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated February 5, 1987, executed by Norman J. Cohen, President of Biltmore Properties Corporation, A Michigan Corporation, Joint Venturer on behalf of Windridge Village No. 4 Development Company, a Michigan Joint Venture, for. An easement for construction and maintenance of a sanitary sewer on, over and across the Southerly 16.00 feet of Lot 548 and the Southerly 16.00 feet of the Easterly 38.30 feet of Lot 549 of Windridge Village Subdivision No. 5, as recorded in Liber 101 of Plats, on Pages 57, 58, 59 and 60, Wayne County Records, being a part of the West 1/2 of Section 4, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan. 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 Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #194-87 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 475-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was 23210 #195-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 17, 1987 with regard to the proposed agreement between the City of Livonia and the Police Officers Association to provide for the inclusion of the police dispatchers in the LPOA bargaining unit, the Council does hereby approve the said agreement in the manner and form herein submitted and authorizes the Mayor Pro Tem and City Clerk to execute the same for and on behalf of the City of Livonia as well as to do all things necessary or incidental to the full performance of this resolution. On a motion by Councilman Bennett, seconded by Councilman Bishop, it was #196-87 RESOLVED, that the Council does hereby request that the matter of Special Assessment District 271 , Parcel A2a, be held in abeyance until the Committee of the Whole has an opportunity to review findings to be submitted by Dykema, Gossett, Spencer, Goodnow & Trigg. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Taylor, Bennett, Ochala, McCann. NAYS: Feenstra. The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, this 1 ,098th Regular Meeting of the Council of the City of Livonia was adjourned at 9:OC P.M. , February 25, 1987 Robert F. Nash, Cit Clek