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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-09-30 27222 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 30, 1992, 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 05 p m. Councilman Taylor delivered the invocation Roll was called with the following result: Present: Gerald Taylor, Ron Ochala, Fernon P Feenstra, Sean P Kavanagh, Michael P McGee, Dale A. Jurcisin, and Laura M. Toy. Absent: None. Elected and appointed officials present: Robert D. Bennett, Mayor; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Raul Galindo, City Engineer; John Nagy, Planning Director; Karen A. Szymula, Director of Legislative Affairs; Ralph Magid, Superintendent of Public Service; David P. Parr, Zoning Board of Appeals; Robert Beckley, Director of Public Works; Jack Engebretson, Planning Commission; David N. Preston, Finance Director; and William MacDonald, Inspection Department Eleven businesses were presented with awards from the Roads Beautification Committee and Mayor Bennett. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #734-92 RESOLVED, that the minutes of the 1,232nd Regular Meeting of the Council of the City of Livonia, held September 16, 1992, are hereby approved as submitted. Jim Redmond of Evergreen Sprinkling Systems spoke during the audience communication portion re: Council Resolution 721-92, landscaping and irrigation for the 16th District Court Building Expansion. On a motion by Feenstra, seconded by Taylor, it was: Loo 27223 #735-92 RESOLVED, that the Council does hereby rescind and repeal CR 721-92 adopted on September 16, 1992, with regard to L the award of a bid for landscaping and irrigation for the 16th District Court Building Expansion. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Feenstra, McGee, Jurcisin, and Toy. NAYS: Ochala and Kavanagh. The President declared the resolution adopted. On a motion by Feenstra, seconded by Taylor, it was: #736-92 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 9, 1992, in connection with the report and recommendation of Camborne Construction Engineering, Inc. , dated August 24, 1992, the Construction Manager for the 16th District Court Building Expansion, and having also considered Municipal Building Authority Resolution 24-92 with regard to this project and bids received for landscaping and irrigation, the Council does hereby refer this item to the Capital Improvement Committee for a new report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala, Feenstra, McGee, Jurcisin, and Toy. NAYS: Kavanagh. The President declared the resolution adopted. On a motion by Taylor, seconded by Feenstra, it was: #737-92 RESOLVED, that having considered a communication from the Chairman of the Livonia Arts Commission, dated September 1, 1992, approved by the Finance Director and approved for submission by the Mayor, wherein a request is submitted in behalf of the Arts Commission to increase the booth fee for the 1993 annual Arts and Crafts Festival from $75.00 to $100.00, the Council does hereby concur in and approve of such action #738-92 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 8, 1992, approved for submission by the Mayor and to which is 16. attached a letter from the Director of Finance of the Livonia Public Schools, dated September 3, 1992, with respect to the 27224 City's portion of the costs involved for the Youth Employment tow Office for the period December 1, 1990 through June 30, 1992, the Council does hereby authorize the payment of the sum of $23,695.81, as well as appropriate and authorize the expenditure of the sum of $10,695 81 from the Unexpended Fund Balance Account for this purpose #739-92 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 10, 1992, approved for submission by the Mayor, and to which is attached a letter from the Augusta Charter Township Supervisor, dated August 5, 1992, the Council does hereby authorize the sale of a 1981 Horton rescue unit to Augusta Charter Township for the sum of $7,000 00, the same to be made payable in quarterly installments of $1,750 00, the first of which shall be due upon conveyance of the vehicle; FURTHER, the Council does hereby condition the sale herein upon the City being shown as a first secured party on the Title of Conveyance, as well as execution in behalf of Augusta Charter Township of an appropriate promissory note and/or contract of sale which sets forth the terms herein provided; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction. #740-92 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September liw 2, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the purchase of rock salt from Morton International, Inc , Morton Salt Division, Ice Control Department - 27th Floor, 100 N Riverside Plaza, Chicago, IL 60606, for a unit price of $24.24 per ton, for the period August 19, 1992 to August 18, 1993, under the State of Michigan Contract Agreement No 9108; FURTHER, the Council does hereby determine to authorize the said purchase 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 140D5 of the Livonia Code of Ordinances, as amended. #741-92 RESOLVED, that having considered a communication from the City Planning Commission, dated September 4, 1992, which transmits its resolution 8-452-92, adopted on August 25, 1992, with regard to a Sign Permit Application submitted by Beacon Sign Co. on behalf of Comerica Bank requesting approval for one wall sign and the utilization of the existing ground sign at 17111 N. Laurel Park Drive, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following condition: lio That the sign plans dated 7/14/92 by Beacon Sign Co , submitted on behalf of Comerica Bank at 17111 N Laurel Park Drive, are hereby approved and shall be adhered to. 27225 #742-92 WHEREAS, pursuant to the direction of the City Council Lin its resolution 687-92, adopted on August 31, 1992, 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 September 17, 1992 an assessment roll dated September 17, 1992 for the proposed street improvement consisting of a 28' wide full-depth asphalt pavement (approximately 7 1/2" thick) with mountable asphalt curbs (Alternate III) of Clarita from Melvin to Middlebelt in the Northeast 1/4 of Section 11, T. 1S , R 9E , City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 687-92; 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, November 4, 1992, at 7:30 p m. to review the said Special Assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of November 4, 1992; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, Jurcisin, and Toy NAYS: None. adopted, iOtnw:sm:otion by Ochala, seconded by Feenstra, and unanimously 27226 #743-92 WHEREAS, the City of Livonia (the "City") is authorized by the provisions of Act 197, Public Acts of Michigan, Low 1975, as amended ("Act 197"), to create a downtown development authority; and WHEREAS, it is necessary, for the best interests of the public, to halt property value deterioration and increase property tax valuation where possible in the Plymouth Road business district of the City, to eliminate the causes of such deterioration, and to promote economic growth; and WHEREAS, a proposed ordinance designating a downtown district and incorporating a downtown development authority pursuant to Act 197 has been presented to the City Council; and WHEREAS, it is necessary to conduct a public hearing in connection with the consideration of such proposed ordinance as required by Act 197 NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council determines that it is necessary for the best interests of the public to create a downtown development authority pursuant to Act 197 in order to halt property value deterioration and increase property tax valuation where possible in the Plymouth Road business Ihr district of the City, to eliminate the causes of such deterioration, and to promote economic growth, and the City Council hereby declares its intention to create and provide for the operation of a Plymouth Road Development Authority (the "Authority") pursuant to Act 197 2 The downtown district subject to the jurisdiction of the Authority as provided in Act 197 is hereby tentatively designated to be as set forth on Exhibit A to the proposed ordinance as the same has been prepared by the City Assessor, which is incorporated herein by reference, and as described generally on the map attached as Exhibit A to this resolution. 3. The City Council hereby finds that (i) there has been property value deterioration within the proposed downtown district as evidenced by the property valuation history set forth on Exhibit B to this resolution, which is incorporated herein by reference; and (ii) the establishment of the Authority is appropriate and in accord with legislative findings set forth in Section la of Act 197, the provisions of which are adopted, ratified and confirmed by this resolution 4 The City Council hereby finds that the Plymouth Road business district, as described by Exhibit A to this resolution, is zoned and used principally for business, and that the Plymouth Road business district is and has been the principal business district within the City. 27227 5 There shall be a public hearing on Monday, the 30th day of November, 1992, at 7:30 o'clock, p m. , Eastern Standard Time, in the Council auditorium at the City Hall to consider adoption by the City Council of the proposed ordinance creating the Authority, designating the downtown district therefor, and setting out certain procedures in connection therewith 6. The City Clerk shall cause notice of said public hearing to be published in the Livonia Observer, a newspaper of general circulation in the City, twice before the public hearing. The notices shall be published not less than 20 and not more than 40 days before the date set for the public hearing The notices shall be published as a display advertisement prominent in size. The Clerk also shall cause the notice to be mailed by first class mail not less than 20 days prior to the hearing to all property taxpayers of record in the proposed downtown district as shown by the most recent tax roll of the City The Clerk also shall post, or cause the posting of, the notice in at least 20 conspicuous and public places in the proposed downtown district not less than 20 days before the hearing. 7. The notice of the hearing shall be in substantially the following form Lor NOTICE OF PUBLIC HEARING CITY OF LIVONIA County of Wayne, Michigan ON THE FORMATION OF A PLYMOUTH ROAD DEVELOPMENT AUTHORITY AND DESIGNATION OF DISTRICT BOUNDARIES TO ALL INTERESTED PERSONS IN THE CITY OF LIVONIA: PLEASE TAKE NOTICE that the City Council of the City of Livonia, Michigan, will hold a public hearing on Monday, the 30th day of November, 1992, at 7:30 o'clock, p.m. , Eastern Standard Time in the Council auditorium, Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, to consider the adoption of an ordinance establishing a Plymouth Road Development Authority pursuant to the Downtown Development Authority Act, Act 197 of the Public Acts of Michigan of 1975, as amended, and designating the boundaries of a downtown district in connection therewith. PROPOSED BOUNDARIES The boundaries of the proposed downtown district within which the development authority shall exercise its powers are as follows: (PLEASE SEE MAP ON FOLLOWING PAGE) n, _ 27228 r .� `ter. ii Ian I« "or--' 4.ma a iii t —71 -". it i ' t o . -a— —I . .rat 1 '''.: ' _ 11.,._ -.3 1 " I.0 i, __...„..C.,_____,-1 .1.4..i . i�l N Mk - r,� «_s L- . 777,_ _ L t: ' ,1 1 1 ..-e g,ga ..r.„,--:. 1 • _1 I 4 f 1 14 I '''' i .4. ..-- i • -• --- u IritIIH CI 1 l' — 'lb 48--—F121 r • J - - I `! '7 I ` moi, ` 4 '1_ 1 ,a ._ 1 U Li = , II. LrI i — � . .1. 111111 « , I" --Jr r.-_ -• I E..,....fjr-, , o .: !'dict' I « q - I I - . L 41J_ : .. 1 ,, d J li K 0... oID � It 1rI a1I.11 I ,a o - ' I,D 1. ',� .c o �; i I �t� 1 E .� r_.. 4. 101_1 � 'uI,i _LJ f JL(Q r2,14Ii• N l[i- ill[j;41 r ._ jr__12,-- ,0ii ` 14 —1 ,111111t V « A i ,--lir /.. / . 3 11 irlr ay, J 1= � I 6 ��tr - = --, •i 9111 -� - -I --.., a_•... .- • , IeI e — „ A a(1 I , -i LJ / Jr i = I 4_ I L-...... I� , : I CA" 1 !n I...;----. (----1— 1.5.1=3. t --I mar_ L q i• 11 ' -- i j),.,' _/'� _ / N HI ,. • t r; • 0 JJ IEl N ` J .. ,----i/ ,,---- S j r / 16 `a - 27229 At the public hearing, all citizens, taxpayers, and property owners of the City of Livonia desiring to address the City Council shall be afforded an opportunity to be heard in regard to the establishment of the authority and the boundaries of the proposed downtown district. FURTHER INFORMATION may be obtained from the City Planning Department This notice is given by order of the City Council of the City of Livonia, Michigan. JOAN McCOTTER Clerk, City of Livonia 8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. lio EXHIBIT A Plymouth Road Development Authority District The Plymouth Road Development Authority District shall be comprised of those properties included within Exhibit A to the proposed ordinance establishing the Authority, which property description is incorporated herein by reference, and which includes generally the properties within the area set forth in the map on the following page: EXHIBIT A 27230 E.lU I ,,.r-�-1y-11 ¢ 1 t- _'( ..r... 11::"- LI r . =31 I E�( - N - � _ « 4... : I_^ • j'( Cr--1 ill dal I�l 1 ' "IL I' N 1 L-i-1 7 01 '] �j I`�e. y 1Pll i ! __ ' 1 ‘i II If '.1_r-•icz4 ›, r_rli ........ ti. 1 1. a _ ,il----al —I 1 tz--,..15 ii.o •4=P D If I .. ;::.. l=po. T\i I UU d ` II1• I ` _i� ' ��I �� miim Jr---1113, E , Ia ; rJ .� L ..... . ,,.,...,,,T.,_ -_ �4 , I d � i __J !` Ia `1 I I , rI � .N I I ' • es aa O4. ' % CC O .aI Q [ c ' I RIF rd - I *kit O � '1 , = 0., __I I Villa-4E :1101-1-M L. >-, ' i L---i-".". 11 1 e ,i- _.„.1 - Om ;tJ I - - .0uUrip . ''' ` Iil i I r 810/111 - lip ._,...., , , ir, I rrpy` .( i-' 11j N jj r , ) . i i rt. I I ��� I .' S I `� ----_�` �" / r-..1.11:„.. --a, y lit kit I� ' ., ; 1 I CA./ Ii.''',!e t.--) /*Ain Niaii -1-1 L P 1 il • hNiJ, i 1 ' _ « -) I [Tt( .g.,moi --I 1I ail Fa - I ,,,,... ,,__. , ,, . ,..i 1 ( - ! � ibd ,L, • _ SL., ,__,,,,-, _,. , I 27231 I I 1 EXHIBIT BI 1 I I RECENT PROPERTY VALUE DETERIORATION! WITHIN AUTHORITY DISTRICT = II -1I 'IIIII = I = ii= = I I- 1-- I- I- 1- I- I- 1- 1- I- I- I- F- i- I-- > > > O > > > > > > _ > > > > I I ! i 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 s I ZEZEZEZEZEZEZZEZ iI 0 1 >- r r >- >- >- r >- >- r r >- >- .} r J J J J J J J J J J J J J ..1 J J I d CL o. 1 L LL CL LL LL a. 1:1. 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L1CAO4; c' 117NC0 1 J Z Din 0Cd0C•iCdC' ;-I01-I0 •cr0 Cl I < j I ; 0 ,400000000000000 I- ' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • O I I 1 I L , ! 1 1 I I I I I I 1 1 I 1 1 1 I I- C* CA C. O• 0, 0- 0- 0- 0, 0, U M CT U U +i I t 1 3 C, U U U C- U 0, 0- 0, 0- CS 0 O- U Gk 0 C=: I I I I I I I I I I I II I I II I I I 1- CP' r). CI -1 C•1 o.. os a. c•1 c4 p cs. c� G. "? I C I I 1 1 B-1 f 27232 Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 020 C. OF TITLE 5, CHAPTER 76 (SECONDHAND MERCHANDISE DEALERS) 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 meeting Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 11 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 92-3-1-5) A roll call vote was taken on the foregoing Ordinance with the following ILK result: AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, Jurcisin, and Toy. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 92-5-3-3) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, Jurcisin, and Toy. tot NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication 27233 Jurcisin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING TITLE 10, CHAPTER 84 (BICYCLES, MOPEDS, MOTORCYCLES & SIMILAR VEHICLES) OF THE LIVONIA CODE OF ORDINANCES BY ADDING SECTION 165 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Ochala, Kavanagh, McGee, Jurcisin, and Toy. NAYS: Feenstra. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #744-92 RESOLVED, that having considered a communication from 116 the City Assessor, dated September 2, 1992, approved for submission by the Mayor, with regard to a request from Mr Michael Swartz of United Homes Inc , 25582 Orchard Lake Road, Farmington Hills, Michigan 48336, in behalf of Ms Isabel Logie, 11888 Haller, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No. 46 099 99 0036 000 into three parcels, the legal descriptions of which shall read as follows: That part of the S.W 1/4 of Section 25, City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 87° 13' East 1327.93 ft. and North 2° 47' East 982.00 ft. from the S.W. corr,2r of Section 25 and proceeding thence North 2° 47' East 60.00 ft. ; thence North 87° 13' West 417.32 ft. ; thence South 2° 54' 30" West 60.00 ft. ; thence South 87° 13' East 417 45 ft to the Point of Beginning. 0 57 Acres That part of the S.W. 1/4 of Section 25, City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 87° 13' East 1327.93 ft. and North 2° 47' East 962 0 ft. from the S W corner of Section 25 and proceeding tip thence North 2° 47' East 20.00 ft. ; thence North 87° 13' West 417.45 ft. ; thence South 2° 54' 30" West 60.00 ft. ; thence South 87° 13' East 267.04 ft ; thence North 77° 54' 10" East 155 76 ft to the Point of Beginning. 0 511 Acres. 27234 That part of the S W 1/4 of Section 25, City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 87° 13' East 1327.93 ft and North 2° 47' East 962.00 ft and South 77° 54' 10" West 155 76 ft. from the S W. corner of Section 25, thence North 87° 13' West 267.04 ft ; thence South 2° 54' 30" West 71 00 ft. ; thence North 77° 54' 09" East 276 47 ft. to the Point of Beginning. 0 21 Acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #745-92 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 15, 1992, approved for submission by the Mayor, which sets forth the following designated institutions as approved general depositories, as well as collecting agents for taxes and water bills (as revised) Comerica Incorporated Detroit Savings Bank First of America Bank-Plymouth, NA First Federal Michigan Corporation Heritage Bankcorp Livonia Community Credit Union Merriman Drugs Michigan National Bank Midwest Guaranty Bancorp, Inc National Bank of Detroit Standard Federal Bank The Council does hereby concur in and approve of this action On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #746-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated August 25, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of G & M Enterprises Ltd , 19614 W. Eight Mile Road, Southfield, Michigan 48075, for completing all sweeping required for the City's 1992 Leaf Pickup Program for the prices set forth in the aforesaid flos communication, the same having been in fact the second lowest bid received and/or the lowest bid received which meets specifications for this item; and the Council does hereby reject 27235 the low bid of Ambrose & Ambrose Municipal Sweeping for the reasons stated in the aforesaid communication; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #747-92 RESOLVED, that having considered a communication from the City Planning Commission, dated August 17, 1992, which transmits its resolution 8-433-92, adopted on August 11, 1992, with regard to a Sign Permit Application submitted by Nelson Custom Signs on behalf of Seros Family Restaurant requesting approval to mount one wall sign on the building and to utilize an existing ground sign for property located at 29041 Seven Mile Road, the Council does hereby refer this item to the next Study session to be conducted on October 5, 1992. On a motion by Taylor, seconded by Kavanagh, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated September 4, 1992, which transmits its resolution 8-453-92, adopted on August 25, 1992, with regard to a Sign Permit Application submitted by Vital Signs on behalf of Century 21 Chalet requesting approval for one wall sign at 33607 Seven Mile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application subject to the following condition: 1) That the sign plans dated 8/4/92 by Vital Signs submitted on behalf of Century 21 Chalet at 33607 Seven Mile Road, are hereby approved and shall be adhered to. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala and Kavanagh. NAYS: Feenstra, McGee, Jurcisin, and Toy. The President declared the resolution denied. On a motion by Feenstra, seconded by Jurcisin, and unanimously lir adopted, it was: 27236 #748-92 RESOLVED, that having considered a communication from Imp. the City Planning Commission, dated September 4, 1992, which transmits its resolution 8-453-92, adopted on August 25, 1992, with regard to a Sign Permit Application submitted by Vital Signs on behalf of Century 21 Chalet requesting approval for one wall sign at 33607 Seven Mile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application subject to the following conditions: 1) That the sign plans dated 8/4/92 by Vital Signs submitted on behalf of Century 21 Chalet at 33607 Seven Mile Road, are hereby approved and shall be adhered to; and 2) That this approval is subject to the free-standing sign being removed; and the Council recommends to the petitioner that it seek relief from the Zoning Board of Appeals for replacement of the aforesaid sign with an appropriate monument sign On a motion by Jurcisin, seconded by McGee, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated September 4, 1992, which transmits its resolution 8-440-92, adopted on August 25, 1992, with regard to Petition 92-6-2-22 submitted by Thomas' Family for Dining requesting waiver use approval to utilize a Class C liquor license for a restaurant located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby refer this item 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: McGee, Jurcisin, and Toy NAYS: Taylor, Ochala, Feenstra, and Kavanagh The President declared the resolution denied. On a motion by Taylor, seconded by Feenstra, it was: #749-92 RESOLVED, that having considered a communication from the City Planning Commission, dated September 4, 1992, which transmits its resolution 8-440-92, adopted on August 25, 1992, with regard to Petition 92-6-2-22 submitted by Thomas' Family Dining requesting waiver use approval to utilize a Class C liquor license for a restaurant located on the south side of Plymouth IN, Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby reject the recommendation of the Planning Commission and Petition 92-6-2-22 is hereby denied for the following reasons: 27237 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19 06 of the Zoning Ordinance No. 543; 2) That the proposed use fails to comply with Section 11.03(h) of Zoning Ordinance No 543 which requires at least a 1,000 foot separation between existing and proposed Class C licensed facilities; and 3) That the proposed use is incompatible to and not in harmony with the surrounding uses in the area A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, and Jurcisin. NAYS: Toy The President declared the resolution adopted On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #750-92 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 30, 1992 on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 14, 1992, after due notice as required by Section 3 08 070 of said Code, and 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 the installation of a street lighting system consisting of 100 watt high pressure sodium lights on colonial post tops with underground wiring in the Cane Woods Subdivision located in the Southwest 1/4 of Section 4, 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; lie (3) approve the plans and specifications for said improve- ment as set forth in said statement dated June 30, 1992; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 27238 (5) determine that the assessment made for such improvement lir shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the S W. 1/4 of Section 4, T 1S ,R 9E , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment Plan and on the Special Assessment Roll (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated June 30, 1992; and (8) that upon 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, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second Imo public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Kavanagh, seconded by Jurcisin, it was: RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 7, 1992 pursuant to Council Resolution 464-92, adopted on June 10, 1992, and in accordance with the provisions of Section 3.08.060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the road improvement of Pembroke between Flamingo Boulevard and Purlingbrook in the West 1/2 of Section 2, T 15. , R 9E. , City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on September 14, 1992, pursuant to Council Resolution 588-92, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment proceeding heretofore commenced for the proposed improvement On a motion by Taylor, seconded by Feenstra, it was: RESOLVED, that the City Council does hereby determine, 1100 in lieu of the foregoing resolution, to substitute an approving resolution as recommended by the Engineering Department. 27239 A roll call vote was taken on the motion to substitute as follows: AYES: Taylor, Ochala, Feenstra, and McGee. NAYS: Kavanagh, Jurcisin, and Toy The President declared the motion to substitute adopted. On a motion by Taylor, seconded by Feenstra, it was: #751-92 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 7, 1992 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 September 14, 1992, 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 the placement of 4" asphalt, 20 ft in width (Alternate IV) within the existing 30 ft. right-of-way on Pembroke Avenue (Flamingo Boulevard to Purlingbrook Road) in the West 1/2 of Section 2, 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 improve- ment as set forth in said statement dated July 7, 1992; (4) determine that the estimated cost of such improvement is $21,172 47; (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 thereafter 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 ($2,830.87) and 100% of drainage ($2,300.00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($16,041 60) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion Immto the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; 27240 (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 West 1/2 of Section 2, T 1S.R.9E , City of Livonia, Wayne County, Michigan, described as containing the property listed on the attached Special Assessment Roll and shown on the attached Special Assessment District Map. (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 prior to the holding of the second public hearing thereon as required by Section 3.08.110 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala, Feenstra, and McGee. NAYS: Kavanagh, Jurcisin, and Toy. The President declared the substitute resolution adopted. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #752-92 RESOLVED, that the Council does hereby request that the Traffic Commission submit a report and recommendation with regard to signs and traffic controls in the Purlingbrook/Seven Mile to Eight Mile area and specifically, submit a report and recommendation as to the barricade located at Purlingbrook and St Martins at McNamara Towers and the possibility of opening Purlingbrook from Seven to Eight Mile Road. 27241 On a motion by Jurcisin, seconded by Taylor, it was #753-92 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1992, which sets forth its resolution 8-426-92, adopted on August 11, 1992, with regard to Petition 92-6-1-12, submitted by Brashear, Tangora and Spence for TFG Realty Corp. for a change of zoning on property located on the east side of Middlebelt, south of Schoolcraft Road in the Northwest 1/4 of Section 25, from M-2 to C-2, and the Council having conducted a public hearing with regard to this matter on September 23, 1992, pursuant to Council Resolution 658-92, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 92-6-1-12 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Ochala, Feenstra, McGee, Jurcisin, and Toy. liw NAYS Kavanagh The President declared the resolution adopted. On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #754-92 RESOLVED, that having considered a communication from the Director of Finance, dated September 16, 1992, approved for submission by the Mayor, with regard to the status of accounts receivable for all properties owned by the City which are leased or rented to a third party as of September 15, 1992, the Council does hereby refer this item to the Finance and Insurance Committee and the Law Department for their respective reports and recommendations. On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #755-92 RESOLVED, that having considered a communication from the Planning Director, dated September 21, 1992 which transmits the Capital Improvement Program, 1993-1998, prepared by the City of Livonia Planning Commission, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation 27242 No one wished to speak during the audience communication portion Ihw at the end of the meeting. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, this 1,233rd Regular Meeting of the Council of the City of Livonia was adjourned at 9:55 p.m. , September 30, 1992. Mt or Joa \\ McCotter, City Clerk