Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1986-01-15 22187 MINUTES OF THE ONE THOUSAND AND SEVENTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 15, 1986, 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 approximately 8.00 P M. Councilman Taylor delivered the invocation Roll was called with the following result Robert R Bishop, Joan McCotter, Fernon P. Feenstra, Robert E. McCann, Gerald Taylor, Robert D. Bennett and Ron Ochala. Absent None. Elected and appointed officials present Robert F. Nash, City Clerk, Harry Tatigian, City Attorney, John Nagy, Planning Director, G E. Siemert, City Engineer, Russell A. Gronevelt, Director of Public Works, Ron Mardiros, City Assessor, William Crayk, Chief of Police, Robert F. Biga, Labor Relations Director, Edith Davis, Personnel Director, Suzanne Wisler, Director of Community Resources, Ronald Reinke, Superintendent iirof Parks and Recreation, Marilyn Kazmer, Director of Legislative Affairs, Michael Reiser, Facility Maintenance Supervisor, David Katz, Administrative Assistant to the Mayor and Jeanne Treff, Supervisor of Cable Television By Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #7-86 Resolved, that the minutes of the 1 ,070th Regular Meeting of the Council of the City of Livonia, held January 6, 1986, are hereby approved. City of Livonia Annual Report, Fiscal Year 1984-85, with Mayor McNamara's letter dated December 27, 1985, was received and placed on file for the information of the Council A communication from the Director of Finance, dated November 25, 1985, transmitting various financial statements of the City of Livonia for the month ending October 31 , Low1985 was received and placed on file for the information of the Council 22188 A communication from the City Attorney, dated December 13, 1985 re Nowak v City of lis Livonia, Circuit Court Case No 84-411961 CZ was received and placed on file for the information of the Council . A communication from the City Clerk, dated January 8, 1986 re School Taxes Levied for 1986 - Clarenceville School District was received and placed on file for the information of the Council . The following resolutions were offered by Councilman Taylor and seconded by Councilman Feenstra. #8-86 RESOLVED, that having considered the report and recommendation of the Chief of Police dated December 11 , 1985 which bears the signatures of the Director of Public Safety, Director of Finance and the Mayor, the Council does hereby accept the bid of Tennyson Chevrolet Car and Truck Rental Company, 32570 Plymouth Road, Livonia, Michigan 48150 for leasing eight (8) 1986 vehicles to the Intelligence Bureau for a one (1 ) year period as follows. Two 1986 Ford Thunderbirds at $796 per month $ 9,552 total Two 1986 Chevrolet Monte Carlos at $780 per month 9,360 total Two 1986 Chevrolet Camaros at $730 per month 8,760 total Two 1986 Chevrolet Celebrities at $704 per month 8,448 total TOTAL $36,120 the same having been in fact the lowest and only bid received for this item. 19-86 RESOLVED, that having considered the report and recommendation of the Chief of Police dated December 12, 1985 which bears the signatures of the Director of Public Safety and the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of the following twelve (12) Marked Patrol Vehicles and eight (8) Unmarked Vehicles from the following vendors as low bidder in their respective categories: A. Police Patrol Vehicle $10,793.20 Bill Snethkamp 52.34 Delivery Charge Lansing Chrysler-Plymouth 6131 S. Pennsylvania Ave Lansing, MI 48910 ifte $10,845.54 unit price x 12 =$130,146.48 22189 B. Police Unmarked Sedan $8,999 51 Van Dyke Dodge Inc. 3 94 Delivery Charge 28400 Van Dyke P.0 Box 1539 $9,003.45 unit price x 7 = 63,024 15 Warren, MI 48090 C. Police Emergency 4x4 $13,923.81 Richard Chevrolet Inc. 7640 Lewis Avenue $13,923 81 unit price x 1 = 13,923.81 Temperance, MI 48182 the total cost including delivery charges being in the amount of $207,094 44, which amount it is anticipated will be reduced in the amount of $18,000 as a result of the projected income from the sale of 20 used police vehicles at the annual Spring sale, further, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04 140 D 5 of the Livonia Code of Ordinances, as amended. #10-86 RESOLVED, that having considered a letter from the Woods Condominium Association dated November 19, 1985 wherein a request is submitted for the installation of a traffic signal at the intersection of Newburgh Road and Laurel Park Drive, North, the Council does hereby refer this item to the Traffic Commission, the Planning Department and the Engineering Division for their respective reports and recommendations #11-86 RESOLVED, that having considered a petition submitted by certain residents on Richland, received by the office of the City Clerk on November 26, 1985, wherein a request is submitted for the initiation of a project to pave Richland Avenue between Farmington Road and Stark Road, the Council does hereby refer this item to the Engineering Division for its report and recommendation #12-86 RESOLVED, that having considered a letter from the Pastor of Grace Baptist Church of Livonia, 28440 Lyndon, Livonia, Michigan 48154, dated December 4, 1985, wherein a request is submitted for the initiation of a road improvement on Harrison Street from Lyndon northward, the Council does hereby refer this item to the Engineering Division for its report and recommendation #13-86 RESOLVED, that having considered a communication from Car-O-Liner Co. , 27581 Schoolcraft Road, Livonia, Michigan 48150, dated December 6, 1985, wherein it is indicated that it intends to transfer its facilities from 27581 Schoolcraft Road, Livonia, Michigan 48150 to facilities to be constructed on a site located in the City of Wixom, and which further indicates that it desires to obtain 1974 PA 198 exemption for the City of Wixom facility, 22190 the Council does hereby consent to the transfer from the City of Livonia in the manner and form herein requested, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 114-86 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated November 22, 1985, approved by the Director of Finance and approved for submission by the Mayor, which transmits Parks and Recreation Commission Resolution 1826-85, wherein it is recommended that Special Events fees be increased effective January 1 , 1986 as follows. CURRENT PROPOSED RATE ACTIVITY RATE RES. NON-RES Tennis Tournament/Child $2 00 $3 00 $4 00 Tennis Tournament/Adult $4.00 $5 00 $6.00 the Council does hereby concur in and approve of such action. 115-86 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated November 22, 1985, approved by the Director of Finance and approved for submission by the Mayor and which transmits Parks and Recreation Commission resolution 1827-85 wherein it is recommended that pool fees and charges be increased effective January 1 , 1986 as follows: Current Proposed Residents Admission Fees Only Residents Non-Residents Adult (18 & Up) $1 00 $1 .25 $1 .75 Child (3 to 17) .50 .75 1 .25 Sr. Citizen (62 & Up) .75 1 .25 Swim Passes Residents Only Current Proposed Adult (18 & Up) $20 00 $25.00 Child (3 to 17) 20 00 22 00 Family 40 00 2 Members 43.00 3 Members 46.00 4 Members 49.00 5 Members 52.00 6 Members & Up 55 00 Sr Citizen (62 & Up) 22.00 22191 Swim Lessons Current Proposed Residents $15 00 $18 00 Non-Residents 23 00 the Council does hereby concur in and approve of such action. #16-86 RESOLVED, that having considered the report and recommendation of the Chief of Police dated December 19, 1985 which bears the signatures of the Director of Public Safety and the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of a thirty (30) month maintenance agreement for the new Firearms Training Simulator for the price of $4,950 from Firearms Training Systems Inc. , 6020-F Unity Drive, Norcross, Georgia 30071 , further, the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions set forth in Section 3.04.140.D 4 & 5 of the Livonia Code of Ordinances, as amended. #17-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated October 22, 1985 and the report and recomRendation of the Chief of Police dated November 26, 1985 in connection therewith, the Council does hereby approve of the request from Luster, Inc. to transfer stock interest in Class C Licensed Business with Sunday Sales, Dance Permit and Concourse Permit from existing stockholders, Alvin and William Winkel to new stockholder, Luster, Inc. (President, Alvin J Winkel and Vice President, William P. Winkel in Luster, Inc ) for a business located at 33775 Plymouth Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #18-86 RESOLVED, that having considered a comrunication from the Cable Television Commission dated December 17, 1985, approved for submission by the Mayor and which transmits its resolution 54-85, wherein it is recommended that the following public access channels be continued as public access channels Channel Designation 8 Government Channel 13 Community Programming 15 Educational Programming 16 Educational Programming 23 College Cable Channel 50 Working Channel the Council does hereby concur in and approve of such action lb. #19-86 RESOLVED, that having considered the report and recommendation of the Executive Assistant to the Mayor dated December 16, 1985, approved by the Director of Finance and approved for submission 22192 by the Mayor and to which is attached a proposed subcontract between the Training Center of the Community Resources Department and the Conference of Western Wayne, the Council does hereby approve and authorize the said contract in the manner and form herein submitted #20-86 RESOLVED, that having considered the report and recommendation of the Director of Finance dated December 19, 1985, approved for submission by the Mayor, to which is attached a letter from the Livonia Public Schools dated December 10, 1985 which details the 1984-85 operating expenses of the Youth Employment Office and requests a payment from the City of Livonia in the amount of $11 ,489.06 for the City's 40% share, the Council does hereby approve and authorize the said payment in the manner and form herein requested. #21-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated November 26, 1985, approved for submission by the Mayor, the Council does hereby amend Item 8 of Council Resolution 367-78 adopted on April 19, 1978, as amended by Council Resolutions 936-78, 1028-78, 1048-78, 833-81 and 204-84, so as to reduce the financial assurances now on deposit with the City for sidewalks improvements to $4,100, said bond to be posted in the form of a personal assurance bond of the bank for the Laurel Park South Subdivision #1 located in the N.E. 1/4 of Section 18, to cover the cost of these improvements and the financial assurances Iwi now on deposit with the City, if any, shall be reduced accordingly, further, the Council does hereby authorize the release of the financial assurances previously deposited with respect to the General Improvement and Greenbelt Easement/Entrance Marker Bond, 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, if any, with respect to remaining improvements in said subdivision shall remain the same and unchanged #22-86 RESOLVED, that having considered the report and recomiendation of the City Engineer dated December 2, 1985, approved for submission by the Mayor Pro Tem, with regard to the development of the Bakery Shop to be located at 13931 Farmington Road in the S E. 1/4 of Section 21 , the Council does hereby determine as follows (1 ) To advise the Wayne County Public Service Division (Permit Section) of the City's willingness to accept jurisdiction and maintenance of a 12 inch storm sewer (approximately 24 1 f. ) connection to the Farmington Road Relief Drain No 1 within the Farmington Road Right-of-Way in connection with the development of the Bakery Shop, located on the 1610 west side of Farmington road in the S E 1/4 of Section 21 , and (2) To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction 22193 #23-86 RESOLVED, that Paragon Properties Co , 29200 Southfield, Suite 215, Southfield, MI , as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivison Belden Industrial Park Subdivision, part of the S.W. 1/4 of Section 28, the said proposed preliminary plat being dated 10/24/85 (revised), and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on January 15, 1985, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of the department dated December 18, 1985, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapter 16.04 through 16.24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Comiission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null , void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council imp within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance 22194 iim with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or otherfinancial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts A. General Improvement Bond - $620,000 of which at least $10,000 shall be in cash B. Grading and Soil Erosion Control Bond - $ 7,000 of which at least $ 1 ,500 shall be in cash C. Monuments and Lot Markers- $ 890 all cash. In accordance with the recommendation of the City Engineer, a waiver will be included with respect to all primary distribution lines for telephone and electrical service with the exception of the utility lines which are to be placed underground. In addition, ornamental street lights are to be provided throughout the subdivision. 124-86 RESOLVED, that Real Estate Interests, Inc , 250 Main Street, Birmingham, Michigan, as proprietor, having requested the City Council to approve the proposed preliminary plat of Coventry Gardens Estates Subdivision to be located on the west side of Ashurst, north of Five Mile Road in the S W 1/4 of Section 16, City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said preliminary plat was given by the City Planning Comiission, after due notice and a public hearing on December 10, 1985, the City Council does hereby approve of the said preliminary plat subject to the receipt of a report and recommendation by the Department of Public Works relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements 125-86 RESOLVED, that having considered a communication from the City Planning Comiission dated December 6, 1985 which sets forth its resolution 11-249-85 adopted on November 26, 1985 with regard to a request from Ved P. Kapila for a one year extension of the approval of Petition 78-5-8-9 in connection with a proposal to construct a multi-family housing project on the west side of Farmington Road between Curtis and Pickford in Section 9, and having also considered a letter from Ved P Kapila dated January 3, 1986, wherein the petitioner has requested that the aforesaid request for extension be withdrawn, the Council does hereby reject the recommendation of the Planning Comrission and deny the requested extension 22195 Ibi #26-86 RESOLVED, that having considered a communication from the City Planning Commission dated December 6, 1985 which transmits its resolution 11-253-85 adopted on November 26, 1985 with regard to Sign Permit Application #2335 submitted by Sam LoPiccolo requesting approval to erect a new ground sign on property located at 34020 Seven Mile Road (LoPac Center) , the Council does hereby concur in the recommendation of the Planning Commission and approve said Sign Permit Application #2335, subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission. #27-86 RESOLVED, that having considered a communication from the Department of Law and Plante and Moran, the City auditors, dated December 4, 1985, submitted pursuant to Council Resolution 849-85, in connection with a communication from the City Treasuer, dated August 30, 1985, with regard to funds which are presently on deposit with the City as a result of assessments prior to 1975 in connection with certain paving projects which at this time do not appear to be refundable, the Council does hereby determine that the said funds shall be transferred from Special Assessment District Accounts to the General Fund and that the said Special Assessment Districts be closed and finalized, provided, however, that the funds herein authorized to be transferred to the General Fund shall be earmarked and limited for future use for road improvement projects only. #28-86 RESOLVED, that having considered a communication from the Department of Law dated December 6, 1985, approved by the Planning Director, and submitted pursuant to Council Resolution 166-85, and to which is attached a proposed Noise Control Ordinance, the Council does hereby refer this item to the Legislative Committee for its report and recommendation #29-86 RESOLVED, that having considered a communication from the City Clerk dated January 6, 1986, which indicates that the proprietor of the Camborne Subdivision situated in the East side of Hubbard Road between Five Mile and Six Mile Road in the East 1/2 of Section 15, has delivered the final true plat 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 December 16, 1985, wherein said Commission approves the final plat for the said subdivision in its resolution 12-267-85 adopted on December 10, 1985, and the Council having considered a report from the City Engineer dated December 10, 1985 recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 765-84 adopted on September 10, 1984, said preliminary plat having been recommended for approval by the City Planning Commission on July 26, 1984 in its resolution 7-131-84, now, therefore, the Council does hereby determine to grant its approval to the final plat of Camborne Subdivision, located in the East 1/2 of Section 15, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things 22196 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. 130-86 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 Monday, February 24, 1986 at 8 00 P.M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1 ) Petition 85-9-1-29, submitted by the City Planning Commission for a change of zoning of property located on the southeast corner of Haggerty and Phillips Roads in the Southwest 1/4 of Section 6, from P.0 to R-E, the City Planning Commission in its resolution 12-254-85 having recommended to the City Council that Petition 85-9-1-29 be approved, and (2) Petition 85-11-1-34, submitted by Angelo D'Orazio for a change of zoning of property located on the southwest corner of Seven Mile Road and Stamford in the Northeast 1/4 of Section 9 from R-3 and P S to C-2, the City Planning Commission in its resolution 12-257-85 having recommended to the City Council that Petition 85-11-1-34 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 to the Zoning Ordinance, and/or (b) location of the proposed changes 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 131-86 RESOLVED, that having considered a communication from the City Engineer, dated December 10, 1985, which bears the signature of the Director of Finance and is approved for submission by the lbw Mayor, and submitted pursuant to Council Resolution 469-85, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Mayfield (Seven Mile to Clarita), and such report having indicated the number 22198 Petition 85-11-1-35, as amended, submitted by Charles Tangora lio for Victor International for a change of zoning of property located on the East side of I-96/I-275 Freeway between Seven and Eight Mile Roads in Section 6, from RUFC to C-4III , PO III and P0, the City Planning Commission in its resolution 1-6-86 having recommended to the City Council that Petition 85-11-1-35, as amended, be approved, Further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed changes 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 #34-86 RESOLVED, that having considered a communication dated January 9, 1986 from Walter C Mason, agent for KFC Take Home Food Co. , which in accordance with the provisions of Section 19.08 of Iwo Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 7, 1986 by the City Planning Commission in its resolution 1-4-86 with regard to Petition 85-12-2- 47 submitted by KFC Take Home Food Co. requesting permission to construct a restaurant proposed to be located on the West side of Farmington Road, South of Schoolcraft Road, in the Northeast 1/4 of Section 28, the Council does hereby designate Monday, February 24, 1986 at 8 00 P.M as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all other things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following result AYES: Taylor, Bennett, Ochala, McCotter, Feenstra, McCann, Bishop NAYS None. 22197 Iwo of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recomiendations have been properly filed by the City Engineer with the City Clerk under date of December 10, 1985, and that there has been a full compliance with all of the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, February 24, 1986 at 8 00 P.M as the date and time for a public hearing on the Necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08.070 of said Livonia Code or Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08 070 of said Code. #32-86 RESOLVED, that having considered a comiunication from Robert Mattler, attorney at law, dated December 16, 1985, submitted in behalf of his client Mr. John Bajor, 14477 Ramblewood, Livonia, Michigan, which in accordance with the provisions of Section 19.08 of Ordinance 543, as amended, takes an appeal from a determination made on December 10, 1985 by the City Planning Comrission in its resolution 12-266-85 with regard to Permit Application #2359, submitted by Mr John Bajor requesting permission to install a satellite disc antenna at 14477 Ramblewood, Livonia, Michig(n 00 p.m the Council does hereby designate Monday, February 24, 1986aa the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. #33-86 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, February 19, 1986 at 8:00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item 22199 ibir Councilman McCann took from the table, for second reading and adoption, the following ordinance: AN ORDINANCE AMENDING SECTION 13 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 85-7-1-19) A roll call vote was taken on the foregoing Ordinance with the following result- AYES: Taylor, Bennett, Ochala, McCotter, Feenstra, McCann, Bishop. NAYS• None. The President declared the Ordinance duly adopted and would become effective on publication. iimCouncilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER 21 (TRAFFIC VIOLATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular Council Meeting. Councilman Bennett gave first reading to 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 85-8-1-23) limigThe 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 Council Meeting. 22200 160 On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #35-86 RESOLVED, that having considered a letter from Ransom D Posh, 5806 Whitefield, Dearborn Heights, Michigan 48127, received by the office of the City Clerk on January 2, 1986, wherein a request is submitted to purchase a portion of Rotary Park located on Curtis Avenue, East of Mayfield, the Council does hereby deny this request and determine to take no further action On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, it was #36-86 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated November 22, 1985, approved by the Director of Finance and approved for submission by the Mayor and which transmits Parks and Recreation Commission resolution 1825-85 wherein it is recommended that effective February 1 , 1986 the following entry fees be established imp EXISTING PROPOSED PROGRAM RATE RATE Modified Softball $250 $300 Men's Slowpitch 170 225 Women's Slowpitch 170 225 Women's Fastpitch 210 300 Men's Volleyball 150 170 Women's Volleyball 150 170 Adult Basketball 175 225 the Council does hereby concur in and approve of such action A roll call vote was taken on the foregoing resolution with the following result. AYES Bennett, Ochala, McCotter, Feenstra, McCann, Bishop NAYS. Taylor The President declared the resolution duly adopted On a motion by Councilman McCann, seconded by Councilman Feenstra, it was lbwRESOLVED, that having considered a communication from the Mayor Pro Tem dated December 6, 1985 and submitted pursuant to 22201 Council Resolution 1069-85 with regard to the proposed employment of an outside consultant to determine whether or not the existing cable system satisfactorily complies with the regulatory and franchise ordinance, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Council President Bishop passed the gavel to Vice President Taylor at 8.18 P.M. A roll call vote was taken on the foregoing resolution with the following result• AYES Taylor, Feenstra, McCann NAYS Bennett, Ochala, McCotter, Bishop. The Vice President declared the resolution failed On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was #37-86 RESOLVED, that having considered a communication from the Mayor Pro Tem dated December 6, 1985 and submitted pursuant to Council Resolution 1069-85, the Council does hereby determine to authorize the employment of Mr Carl Pilnick, Telecommunications Management Corp. , 5757 Wilshire Boulevard, Suite 359, Los Angeles, lio California 90036, as an outside consultant to perform a complete review of the existing cable system to determine whether or not it satisfactorily complies with the provisions of the Regulatory and Franchise Ordinance, the said review and audit to be performed on the basis of a proposal which is in the amount of $14,800, $7,400 of which is to be paid by the City out of Cable Funds and $7,400 of which is to be paid by Metrovision of Livonia A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Ochala, McCotter, Feenstra, Bishop NAYS McCann, Taylor. The Vice President declared the resolution duly adopted Council Vice President Taylor gave the gavel back to President Bishop at 8 33 P.M On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #38-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 16, 1985, approved for submission Ibo by the Mayor recommending that the City dedicate and establish right-of-way on the East 1/2 of Gill Road, adjacent to the City parksite in the N.E. 1/4 of Section 9, the Council does hereby determine to dedicate and establish as right-of-way the following: 22202 160 The West 43 feet, of the following parcel of land Part of the N.E 1/4 of Section 9, T.1S , R.9E. , City of Livonia, Wayne County, Michigan, described as beginning N. 89°50'50" along the North line of said Section 9, E 495 80 feet and S. 0°35'26" E. 2026 47 feet from the N. 1/4 corner of Section 9, proceeding thence S. 0°35'26" E. 647 38 feet, thence N 88°38'10" W along the East and West 1/4 line of Section 9, 491 .30 feet, thence N 0°41 '36" W. along the North and South 1/4 line of said Section 9, 647.42 feet, thence S 88°38'10" E. 492.46 feet to the Point of Beginning (Gill Road right-of-way) and does further request that the Wayne County Bureau of Taxation record the said dedication on all maps issued by that office, and further, the City Clerk is hereby requested to have a certified copy of this resolution recorded at the Wayne County Register of Deeds On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was 139-86 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated December 17, 1985 which bears the signature of the Director of Finance, is approved by the Director of Public Works and the Chairman of the Water and Sewer Board and is approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract with Pitometer Associates for completion of Phase II - Master Plan Study and Consumption Analysis, Items 1 , 2, 3, 4 and 6 as described in their attached proposal for the sum of $38,380, which proposal describes a Water System Efficiency Audit Study and a Distributional Analysis, further, the Council does hereby appropriate and authorize the expenditure of a sum of $38,380 from the Capital Outlay accounts of the Water and Sewer budgets, further, the Council does hereby authorize the said item without competitive bidding for the reason indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04.140 D 5 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Bennett, Ochala, McCotter, Feenstra, McCann, Bishop. NAYS. None. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and Lunanimously adopted, it was 22203 #40-86 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1985, which transmits its resolution 12-260-85 adopted on December 10, 1985 with regard to Petition 85-10-2-42, submitted by Isam Kashat, requesting waiver use approval to utilize an SDD License within a party store proposed to be located within an existing building situated on the west side of Inkster Road, north of Five Mile Road in the Southeast 1/4 of Section 13, the Council does hereby reject the recommendation of the Planning Commission and Petition 85-10-2-42 is hereby denied, the Council having determined as a matter of fact that the petitioner has failed to affirmatively demonstrate that the proposed waiver use complies with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance, and for the following additional reasons. (1 ) The proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balanced and appropriate mix of uses and not over saturate an area with similar type uses as is being proposed. (2) The proposed use would be detrimental to and incompatible with other uses in the surrounding area. iipOn a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #41-86 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1985, which transmits its resolution 12-261-85 adopted on December 10, 1985 with regard to Petition 85-11-2-45, submitted by Isam Kashat, requesting waiver use approval to utilize an SDM License within a party store proposed to be located within an existing building situated on the west side of Inkster Road, north of Five Mile Road in the Southeast 1/4 of Section 13, the Council does hereby reject the recommendation of the Planning Commission and Petition 85-11-2-45 is hereby denied, the Council having determined as a matter of fact that the petitioner has failed to affirmatively demonstrate that the proposed waiver use complies with the general standards and requirements set forth in Section 19 06 of the Zoning Ordinance, and for the following additional reasons (1 ) The proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balanced and appropriate mix of uses and not over saturate an area with similar type uses as is being proposed. (2) The proposed use would be detrimental to and incompatible with other uses in the surrounding area 22204 160 On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was #42-86 RESOLVED, that having considered a communication from the City Planning Commission dated December 3, 1985, which transmits its resolution 11-244-85 adopted on November 26, 1985, with regard to Petition 85-11-2-43, submitted by Allen & Wright, requesting waiver use approval to expand an existing ice cream parlor operation located at the Civic Center Plaza at Five Mile and Farmington Roads in the Northeast 1/4 of Section 21 , to include the sale and consumption of additional food items, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-11-2-43 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 Taylor, seconded by Councilman Ochala, it was RESOLVED, that having considered a communication from the City Planning Commission dated December 3, 1985, which transmits ile its resolution 11-245-85 adopted on November 26, 1985 with regard to Petition 85-11-2-44, submitted by Little Caesar Pizza Stations, Inc. , requesting waiver use approval to locate a restaurant within the Wonderland Shopping Center at Plymouth and Middlebelt Roads in the Northeast 1/4 of Section 35, which property is zoned C-2, 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 RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to approve the waiver use with regard to Petition 85-11-2-44, submitted by Little Caesar Pizza Stations, Inc A roll call vote was taken on the motion to substitute as follows AYES Taylor, Bennett, Ochala, McCotter, Feenstra, McCann, Bishop NAYS None The President declared the resolution to substitute adopted. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was 22205 iim #43-86 RESOLVED, that having considered a communication from the City Planning Commission dated December 3, 1985, which transmits its resolution 11-245-85 adopted on November 26, 1985 with regard to Petition 85-11-2-44, submitted by Little Caesar Pizza Stations, Inc. , requesting waiver use approval to locate a restaurant within the Wonderland Shopping Center at Plymouth and Middlebelt Roads in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-11-2-44 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 A roll call vote was taken on the substitute resolution with the following result AYES: Taylor, Bennett, Ochala, McCotter, Feenstra, McCann, Bishop NAYS• None. Councilman Taylor took from the table, for second reading and adoption, the following ordinance AN ORDINANCE AMENDING SECTION 19 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 84-11-1-36) A roll call vote was taken on the foregoing Ordinance with the following result AYES. Taylor, Bennett, Ochala, McCotter, Feenstra, McCann, Bishop. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #44-86 RESOLVED, that having considered a communication from the City Planning Commission dated December 2, 1985 which transmits its resolution 10-237-85 adopted on October 29, 1985, with regard to Petition 85-10-8-22 submitted by John A Gargaro/J Anthony 22206 & Company requesting site plan approval in connection with a proposal imm to construct an office building on the North side of Schoolcraft Service Drive between Newburgh Road and Richfield Avenue in Section 19 pursuant to the provisions set forth in Section 18 58 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-10-8-22 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 revised site plan dated 1-10-86 shall be adhered to and that the internal storage of trash shall be required and no outside storage of trash and/or dumpster shall be permitted. On a motion by Councilman McCann, seconded by Councilman Feenstra, and unanimously adopted, it was #45-86 RESOLVED, that in accordance with Section 23.01 (a) of Ordinance 543, the City Planning Commission is requested to conduct a public hearing and, thereafter, submit its report and recommendation on the question of whether or not P.S district regulations should be amended so as to require internal storage of trash and/or internal compaction and prohibit the outside storage 160 of trash. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #46-86 RESOLVED, that having considered a communication from the City Planning Commission dated December 3, 1985, which transmits its resolution 11-251-85 adopted on November 26, 1985 with regard to Petition 85-11-8-27 submitted by Lindhout Associates requesting site plan approval in connection with a proposal to construct a medical office on the West side of Farmington Road between Clarita and Pickford in Section 9 pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-11-8-27 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 internal compaction for trash shall be required and no outside storage of trash and/or a dumpster for trash shall be permitted. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, it L. was 22207 RESOLVED, that the Ordinance Amendment in regard to Petition 84-11-1-34, as amended, by Lidia Veri for a change of zoning on property located on the North side of Seven Mile Road, East of Shadyside in the Southwest 1/4 of Section 3 from R-3A to C-1 , R-7 and P.S. (One Family Residential to Local Business, Multiple Family Residential and Professional Service), Second Reading having been given by Councilwoman Gundersen December 18, 1985, be referred to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result• AYES McCotter, Feenstra, Bishop NAYS Taylor, Bennett, Ochala, McCann The President declared the resolution failed. A roll call vote was taken on the proposed Ordinance with the following result AYES• McCotter*, Feenstra, Bishop NAYS. Taylor, Bennett, Ochala, McCann *Councilwoman McCotter abstained from voting which is recorded as a "Yes" vote under the provisions of Section 2.04.190 B of the Livonia Code of Ordinances The President declared the Ordinance failed. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was p47-86 RESOLVED, that having considered a letter from Ronald M Parz of Parz Group, Inc. dated December 19, 1985 requesting postponement of the public hearing scheduled with respect to Petition 85-11-8-26, the Council does hereby rescind and repeal Council Resolution 1103-85 adopted on December 18, 1985 A roll call vote was taken on the foregoing resolution with the following result. AYES. Taylor, McCotter, Feenstra, McCann, Bishop iftsNAYS Bennett, Ochala The President declared the resolution duly adopted 22208 On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #48-86 RESOLVED, that having considered a communication dated December 12, 1985 from Ronald Parz which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on December 10, 1985 by the City Planning Commission in its resolution 12-264-85 adopted on December 10, 1985 with regard to Petition 85-11-8-26 submitted by Ron Parz Associates requesting approval of all plans in connection with a proposal to construct a shopping center on the east side of Middlebelt between Terrence and Sunnydale in Section 13, the Council does hereby designate Monday, February 24, 1986 at 8 00 P.M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia. LA roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, McCotter, Feenstra, McCann, Bishop. NAYS Bennett, Ochala The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #49-86 RESOLVED, that having considered a communication from the Mayor dated December 30, 1985 to which is attached a letter from the Executive Director of SEMCOG dated December 26, 1985, the Council does hereby determine to designate Councilman Robert R Bishop as the City's Delegate to the Southeast Michigan Council of Governments, and determines to designate Councilman Gerald Taylor as the City's Alternate Delegate to the Southeast Michigan Council of Governments On a motion By Councilman Taylor, seconded by Councilman Bennett, it was 22209 00-86 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 29, 1985 on all matters required by Section 3 08.060 of the Livonia Code of Ordinances, as amended, and first public hearing having been held thereon on January 8, 1986, after due notice as required by Section 3.08.070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 31 ' wide full-depth asphalt pavement with concrete curb and gutters (Alternate II) on Lathers (Seven Mile to Curtis) and Clarita & Pickford (East & West of Lathers), T 1S. , R.9E , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated October 29, 1985. (4) determine that the estimated cost of such improvement is $359,720 62, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($45,505.59) and 100% of drainage ($56,350) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($257,865 03) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows 22210 A special assessment district in the N.E. 1/4 of Section 12, T. 1 , S. , R. 9 E. , City of Livonia, Wayne County, lio Michigan, described as containing the following property: Lots 9 through 12, 19, 20, 21 , 27, 28, 33, 34, 39 through 47a, 49, 50, 51 and 66 through 187, of Dohany Subdivision. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council . A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Bennett, Ochala, Feenstra, McCann, Bishop. NAYS. McCotter. The President declared the resolution duly adopted. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 151-86 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation of whether or not there are adequate stop signs located on Lathers between Seven Mile and Curtis. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was iws 22211 #52-86 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 29, 1985 along with a supplemental report dated January 8, 1986 on all matters required by Section 3.08.060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 8, 1986, after due notice as required by Section 3.08.070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08 080 of said Code: (1 ) accept and approve said statement in all respects, (2) determine to make the improvement consisting of 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) on Gillman Avenue between Seven Mile Road and Curtis Avenue and on Clarita Avenue and Pickford Avenue immediately east and west of Gillman Avenue in the N.E. 1/4 of Section 12, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated October 29, 1985, (4) determine that the estimated cost of such improvement is $92,422.94; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($13,276.94) and 100% cost of drainage, ($3,910), and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($75,236) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvements may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, 22212 (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows. A special assessment district in the N.E. 1/4 of Section 12, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following property. Lot 1 and lots 49b through 105, both inclusive, of Sunningdale Park Subdivision and Lots 192 through 252, both inclusive, of Dohany Subdivision. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council . A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Bennett, Ochala, McCotter, Feenstra, McCann, Bishop NAYS: None. On a motion by Councilman Bennett, seconded by Councilman Taylor, it was #53-86 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 29, 1985 on all matters required by Section 3 08.060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 8, 1986, after due notice as required by Section 3 08.070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 Imes of said Code. 22213 (1 ) accept and approve said statement in all respects, (2) determine to make the improvement consisting of either a 31 ' wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II ) , or a 28' wide full-depth asphalt pavement with valley swales (Alternate III ) on Cavell Avenue between Five Mile Road to Oakley Avenue, on Oakley Avenue between Cavell Avenue and Inkster Road, and on Howell Road and Meadowbrook Avenue for a distance of approximately 126' east of Cavell Avenue in the Northeast 1/4 of Section 24, T 1S , R.9E. , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated October 29, 1985, (4) determine that the estimated cost of such improvement is $316,752.18 for the Alternate II improvement or $286,113.65 for the Alternate III improvement, (5) determine that the cost of said improvement shall be ibm paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be either $71 ,950 33 for the Alternate II improvement or $67,354.55 for the Alternate III improvement based upon the City assuming 15% of the paving cost and 100% of the drainage cost, and that the balance of said cost and expense of said public improvement amounting to $244,801 .85 for the Alternate II improvement and $218,759.10 for the Alternate III improvement based upon 85% of the paving cost being specially assessed shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be Im• levied as follows. 22214 A special assessment district in the N.E. 1/4 of Section 24, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following property. Lots 1 through 4, both inclusive, of Cavell Manor Subdivision and Bureau of Taxation Parcels 24A1a, 24A2a , 24Bla1 , 24B2a1 , 24B2a2 24B2a3, 24F1 ; 24Gla, 24G1b, 24H1 , 24H2, 2411a; 241lb; 24Jlala, 24Klal , 24L1a1 ; 24L1a2, 24M2a, 24N2a, Pla and 24P2a2, Qlb and Lots 13 through 57, both inclusive, 58a-60a, 58b,59b,60b, 60c,61a, 61b,62a,63a, 63b,64a; 64b,65a and 65b,66a,67a. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the 16/, City Council ; (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council . A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Bennett, Ochala, McCotter, McCann, Bishop. NAYS. Feenstra. The President declared the resolution duly adopted. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #54-86 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation on the question of whether or not stop signs (three-way stop) should be installed at the intersection of Howell and Cavell . 22215 On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #55-86 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated December 30, 1985, with respect to a request from Georges Discount Produce Deli , Inc. for a new SDM license to be located at 38741 Ann Arbor Rd. , Livonia, Michigan, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #56-86 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated December 16, 1985, with respect to a request from L & R Super Market, Inc. , (a Michigan corporation), for a new SDM license to be located at 31300 Five Mile Road, Livonia, Michigan, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #57-86 RESOLVED, that having considered a letter from the Council President, dated January 7, 1986, to which is attached a proposed schedule of Council Study and Regular Meetings for the period February through December, 1986, the Council does hereby approve the following dates for City Council Meetings for 1986, subject to change with notice: STUDY MEETINGS: REGULAR MEETING Monday, Feb 3 FEBRUARY Monday, Feb. 10 Monday, Feb. 17 Wednesday, Feb. 26 Monday, March 3 Wednesday, March 19 MARCH Wednesday, March 12 Wednesday, March 26 Monday, March 31 22216 Iwo Monday, April 14 APRIL Wednesday, April 9 Monday, April 28 Wednesday, April 23 Monday, May 12 MAY Wednesday, May 7 Wednesday, May 28 Wednesday, May 21 Wednesday, June 11 JUNE Wednesday, June 4 Monday, June 30 Wednesday, June 25 Monday, July 14 JULY Wednesday, July 9 Monday, July 28 Wednesday, July 23 Wednesday, Aug. 20 AUGUST Monday, Aug. 18 Wednesday, Aug. 27 Wednesday, Sept. 3 Wednesday, Sept. 10 Monday, Sept. 15 SEPTEMBER Wednesday, Sept. 24 Monday, Sept. 29 Wednesday, Oct. 15 OCTOBER Wednesday, Oct 8 Monday, Oct. 27 Wednesday, Oct. 22 Wednesday, Nov. 12 NOVEMBER Monday, Nov. 10 Monday, Nov. 24 Wednesday, Nov. 19 Wednesday, Dec. 10 DECEMBER Monday, Dec. 8 Wednesday, Dec. 17 On a motion by Councilman McCann, seconded by Councilman Feenstra, and unanimously adopted, it was #58-86 RESOLVED, that having considered a communication dated January 6, 1986, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement dated December 23, 1985, executed by James Deutchman, General Partner, Richard Barker, General Partner, of Westwood office Limited Partnership, a Michigan Limited Partnership, for: A 20 foot easement for storm sewer whose centerline is described as follows. Part of the N.E. 1/4 of Section 29, T. 1S, R. 9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. O1 °49'08" E. , 278.00 feet and N. 88°08'21 " E. , 551 .06 feet and S. 01°49'08" E. , 260 00 feet from the North 1/4 corner of Section 29, T. 1S. , R. 9E. , and proceeding 22217 thence N. 88°10'50" E. , 23.00 feet, thence S. 04°32'43" E. , 84.10 feet; thence S. 14°37'00" E. , 185.00 feet, thence S. 21°28'00" E. , 133.00 feet, thence N. 87°45'00" E. 221 .00 fet; thence S. 73°36'00" E. , 111 .00feet, thence S 40°11 '00" E. , 11 .37 feet to the point of ending. 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 McCann, seconded by Councilman Feenstra, and unanimously adopted, it was #59-86 RESOLVED, that having considered a communication from the Department of Law, dated December 17, 1985, submitted pursuant to Council Resolution 463-85, transmitting for Council acceptance a warranty deed dated August 10, 1985, executed by Eugene H. Schneider and Joan M Schneider, his wife, and Peter Sirian and Anahid Sirian, his wife, conveying to the City certain property described as follows The South 60 feet of the East 70 feet of the West 360.0 feet of the South 322.0 feet of the East 1/2 of the Southwest 1/4 of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. (Plymouth Road Right-of-Way) the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 160-86 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. LOn a motion by Councilwoman McCotter, seconded by Councilman Bennett, and unanimously adopted, it was 22218 lbw #61-86 RESOLVED, that the City Council does hereby refer the question of the proposed amendments to the Retirement Plan Ordinance regarding pension benefits for the City Council to the Committee of the Whole for review and study On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #62-86 RESOLVED, that the City Council does hereby request that the Committee of the Whole consider and review the voting procedures of the City Council as governed by Charter, Ordinance and Roberts Rules of Order. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, this 1071st Regular Meeting of the Council of the City of Livonia was adjourned at 10:00 P.M , January 15, 1986. impRo ert F. Nash, City Clerk