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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-12-09 27346 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-EIGHTH LREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 9, 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 8:04 p.m Councilman Jurcisin delivered the invocation. Roll was called with the following result: Present: Dale A. Jurcisin, Gerald Taylor, Fernon P. Feenstra, Sean P. Kavanagh, Michael P. McGee, and Laura M. Toy. Absent: Ron Ochala. Elected and appointed officials present: Raul Galindo, City Engineer; John Nagy, City Planner; Joan McCotter, City Clerk; Harry Tatigian, City Attorney; Lee Grieve, Police Chief; Suzanne Wisler, Director of Community Resources; James Andres, Chief Accountant; and Bonnie Johnson, Administrative Assistant. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was: #907-92 RESOLVED, that the minutes of the 1,237th Regular Meeting of the Council of the City of Livonia, held November 23, 1992, are hereby approved as submitted. No one wished to speak during the audience communication portion at the beginning of the meeting. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #908-92 RESOLVED, that having considered a request from Gary LaRocca, 9108 Deering, Livonia, Michigan 48150, with regard to noncompliance with applicable City ordinance requirements of a residence located at 9095 Cardwell, Livonia, Michigan, the Council does hereby request that the Department of Law submit a report and recommendation on whether the Livonia Code of Ordinances may be amended so as to provide ascending penalties for Building Code and Zoning Ordinance violations. 27347 On a motion by Feenstra, seconded by Kavanagh, and unanimously iir adopted, it was #909-92 RESOLVED, that having considered a request from Gary LaRocca, 9108 Deering, Livonia, Michigan 48150, with regard to noncompliance with applicable City ordinance requirements of a residence located at 9095 Cardwell, Livonia, Michigan, and wherein he proposes that the Livonia Code of Ordinances be amended to provide ascending penalties for Building Code and Zoning Ordinance violations, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. A communication from the Department of Finance, dated November 25, 1992, re: various financial statements of the City of Livonia for the month ending October 31, 1992, was received and placed on file for the information of the Council At the direction of the Chair, Item Nos. 3, 8, 10, and 13 were removed from the Consent Agenda. ims On a motion by Feenstra, seconded by Kavanagh, it was #910-92 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated October 5, 1992, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Allie Brothers, 20295 Middlebelt Road, Livonia, MI 48154, for supplying the Fire Department with 125 uniform shirts and 125 uniform pants for a total price of $7,000 00, the same having been in fact the lowest bid received and meets all specifications. A communication from the General Manager of MetroVision of Livonia, Inc. , dated November 13, 1992, re: their Ninth Annual Report was received and placed on file for the information of the Council. #911-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated November 9, 1992, approved by the Finance Director and approved for submission by the Mayor, and to which is attached Invoice No. FY93 048 from The Senior Alliance, Inc. , 3850 Second Street, Suite 160, Wayne, Michigan 48184, in the amount of $5,043.00, which represents the 1993 matching contributions required of the City of Livonia for grant funds received from Senior Alliance to provide Homemaker, Personal Care, Respite and Chore services, the Council does hereby authorize the payment of the said sum of $5,043 00 from funds available for this purpose in Account No. 101-891-947-010. 27348 #912-92 RESOLVED, that having considered a communication from lio the Water and Sewer Board, dated November 19, 1992, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2989 11/92, wherein it is recommended that Section 13.20.020 of the Livonia Code of Ordinances be amended with respect to the Michigan Department of Natural Resources requirements for the User Charge System required for funding under the North Huron Valley/Rouge Valley project, the Council does hereby refer this item to the Department of Law for preparation of the proposed ordinance for submission to Council. #913-92 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 10, 1992, to which is attached a list of adjustments required for the 1992 budget in a total amount of $5,517,607, the Council does hereby authorize the said budget adjustments and transfers in the manner and form set forth in the attachment. A communication from the Department of Law, dated September 29, 1992, re: questions concerning the revised manner in which the President and Vice President of the City Council are selected was received and placed on file for the information of the Council. (CR 686-92) #914-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 12, 1992, approved for submission by the Mayor, the Council does hereby authorize the release to Ashley Construction, 17570 Ellen Drive, Livonia, Michigan 48152, the proprietor of the Whispering Hills Subdivision located in the Southwest 1/4 of Section 5 of the financial assurances previously deposited with respect to the following improvements and in the following amounts: General Improvement $36,000 ($5,000 min. cash); Sidewalk Bond 20,700 ( 5,000 min. cash); Soil Erosion 3,000 ( 2,000 min. cash); Landscaping 15,000 ( 2,000 min. cash); and Survey Monument 825 cash; The foregoing having been deposited pursuant to Council Resolution 950-89, adopted on October 4, 1989, and subsequently amended in Council Resolution 1141-89; FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is 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. 27349 ##915-92 RESOLVED, that the Council does hereby request that the ibm Director of Finance, in accordance with Council Resolution 300-88, prepare specifications and obtain competitive bids with respect to the proposed sale of City-owned property located at the northwest corner of Ann Arbor Trail and Newburgh Road (Lots 1, 2 and 3 of Horton's Newburgh Subdivision and Lot 8 of Horton's Subdivision, except the north 22 feet and except the west 70 feet), and that all competitive bids received shall thereafter be submitted to the City Council for its consideration. #916-92 RESOLVED, that having considered a communication from Council President Laura M Toy, dated November 23, 1992, the Council does hereby request a report and recommendation from the Mayor with respect to establishing a plan and/or guidelines for use, regulation, identification, maintenance and logging of all City vehicles #917-92 WHEREAS, pursuant to the direction of the City Council in its resolution 779-92, adopted on October 14, 1992, and in accordance with Section 3 08.140 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of November 19, 1992 an assessment roll dated November 19, 1992, for a proposed improvement consisting of the installation of 100 watt high pressure sodium lights on existing wood poles for the Parkside Villas Subdivision in the Northeast 1/4 of Section 8 (and other portions of Wayne Road south), 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 779-92; 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 Monday, January 11, 1993 , 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 January 11, 1993 ; 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 27350 A roll call vote was taken on the foregoing resolutions with the following result AYES: Jurcisin, Taylor, Feenstra, Kavanagh, McGee, and Toy. NAYS: None. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #918-92 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission and the report and recommendation from the Chief of Police, dated October 29, 1992, the Council does hereby recommend approval of a request from Tadeusz Hanftwurcel and David Nisenbaum for a new SDM license for a business located at 16721 Middlebelt Road, Livonia, Michigan 48154, Wayne County; 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 Jurcisin, seconded by Taylor, and unanimously adopted, it was: #919-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 17, 1992, which bears the signature of the Finance Director, is approved by the Director of Community Resources and is approved for submission by the Mayor, the Council does hereby accept the bid of Rollin Landscaping Inc , 20851 Robinson, Farmington Hills, Michigan, for fence and wall relocation at the Greenmead Farm Complex for a total price of $28,100, the same having been in fact the second lowest bid received for this item, and the low bid of Future Fence Company is hereby rejected; FURTHER, the Council does hereby appropriate and authorize the sum of $24,800 from encumbered 1992 budget funds from the Historical Commission - Greenmead budget and the balance of $3,300 from the Post Office Fund; and the City Engineer 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 Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #920-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 17, 1992, which bears the signature of the Finance Director, is approved by the Director of Community Resources and is approved for 27351 submission by the Mayor, and which submits bids receivea with respect to the proposed fence and wall relocation at the Greenmead Farm Complex, the Council does hereby refer this item to the Department of Law for a report and recommendation with regard to the legal ramifications involved concerning the said proposed wall relocation, including consideration of applicable provisions of City ordinance, State statute and Federal Law On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #921-92 RESOLVED, that having considered a communication from the City Planning Commission, dated November 18, 1992, which transmits its resolution 11-512-92, adopted on November 17, 1992, with regard to Petition 92-10-2-39, submitted by Bob Evans Farms, Inc. , requesting waiver use approval to construct and operate a full-service restaurant (Cantina del Rio) to be located on the north side of Seven Mile between Victor Parkway and 1-275 Expressway in the Southeast 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-10-2-39 is hereby approved and granted, subject to the following conditions: 1) That the Site Plan dated 11-16-92, as revised, prepared by Wolfgang Doerschlac, Architects, which is hereby approved, shall be adhered to; 2) That the Building Elevation plans Sheet A3 1 and A3 2 dated 11-16-92, as revised, prepared by Wolfgang Doerschlac, Architects, which are hereby approved, shall be adhered to; 3) That the Landscape Plan dated 11-16-92, prepared by John Grissim & Associates, Landscape Architects, is hereby approved and shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition; 4) That a complete underground sprinkler system serving all landscaped areas shall be installed; 5) That the number of customer seats provided shall not exceed 308; and 6) That all off-street parking spaces needed to satisfy the minimum parking requirements as set forth in the Zoning Ordinance for restaurant uses shall be at least 10 feet in width. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: 27352 #922-92 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 23, 1992, the Council takes this means, in behalf of the citizens of the City of Livonia, to express its thanks and appreciation to the Livonia Rotary Club for the reshingling of the Pavilion at Rotary Park at no cost to the taxpayers. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #923-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 18, 1992, and submitted pursuant to Council Resolution 725-92 in connection with a communication from the City Planning Commission, dated August 17, 1992, which transmits its resolution 8-431-92, adopted on August 11, 1992, with regard to a Sign Permit Application submitted by Royal Management Co. on behalf of Ground Round Restaurant requesting approval to erect a ground sign on property located at 17050 S. 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 conditions: 1) That the Sign Plan #12775 and the Site Plan #L-8p by Royal Management Co , submitted on behalf of Ground Round Restaurant at 17050 S. Laurel Park Drive, is hereby approved and shall be adhered to; 2) That this approval is subject to the petitioner being granted a variance permitting a ground sign on property with multiple wall signs; 3) That the sign shall be internally illuminated only; and 4) That the maximum height of the sign shall be 6as measured from sidewalk level. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #924-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 18, 1992, and submitted pursuant to Council Resolution 194-92 in connection with a communication from Council President Laura M. Toy, dated February 26, 1992, wherein it is proposed that a Charter amendment be adopted which would revise the manner in which the Council President and Council Vice President are selected (to be determined by the amount of votes received at the preceding regular City election), the Council does hereby determine to take no further action. 27353 On a motion by Kavanagh, seconded by Feenstra, it was: Las RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 18, 1992, and submitted pursuant to Council Resolution 154-92 in connection with the question of whether a Charter amendment should be prepared which limits the terms of office for all elected City officials as well as the terms of office of the Judges of the 16th District Court, the Council does hereby request that the Department of Law prepare a Charter amendment which would prohibit all elected City officials (not Judges) from seeking reelection after already having served ten (10) consecutive years in that particular office. The President relinquished the Chair to senior Councilmember Taylor at 8 36 p.m A roll call vote was taken on original resolution with the following result: #925-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 18, 1992, and submitted pursuant to Council Resolution 154-92 in connection with the question of whether a Charter amendment should be prepared which limits the terms of office for all elected City officials as well as the terms of office of the Judges of the 16th District Court, the Council does hereby request that the Department of Law prepare a Charter amendment which would prohibit all elected City officials (not Judges) from seeking reelection after already having served ten (10) consecutive years in that particular office AYES: Jurcisin, Taylor, Feenstra, Kavanagh, McGee, and Toy. NAYS: None. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #926-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 18, 1992, and submitted pursuant to Council Resolution 154-92 in connection with the question of whether a Charter amendment should be prepared which limits the terms of office for all elected City officials as well as the terms of office of the Judges of the 16th District Court, the Council does hereby refer this subject to the Legislative Committee for its report and recommendation. The President resumed the Chair at 8:55 p m 27354 On a motion by Taylor, seconded by Kavanagh, and unanimously Imoadopted, it was: #927-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 18, 1992, and submitted pursuant to Council Resolution 158-92 in connection with the question of the City's ability to set limits on campaign expenditures for candidates seeking public office, the Council does hereby determine to take no further action. On a motion by Feenstra, seconded by Taylor and unanimously adopted, it was: #928-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 18, 1992, and submitted pursuant Council Resolution 83-92 which provides that rules for addressing the City Council at all public meetings be reviewed and evaluated by the Council, after they have been in effect for a period of 180 days, the Council does hereby determine to take no further action Feenstra gave first reading to the following Ordinance: lomm AN ORDINANCE AMENDING SECTION 31.02 OF ARTICLE XXXI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" (Petition 92-3-6-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting. Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SUBSECTION 10 OF SECTION .010 OF CHAPTER 16 (PARKS AND PLAYGROUNDS) OF TITLE 12 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. 27355 A communication from the Environmental Health Division of the LWayne County Department of Public Health, dated November 18, 1992, re: condition of the swimming pool located at 35480 Curtis was received and placed on file for the information of the Council. On a motion by Jurcisin, seconded by Feenstra, it was: #929-92 RESOLVED, that having considered a communication from the City Assessor, dated October 29, 1992, approved for submission by the Mayor, with regard to a request from Mr. Michael Swartz, United Homes Inc. , 25882 Orchard Lake, Farmington Hills, Michigan 48336, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item No. 46 045 03 0049 000 into two parcels, the legal descriptions of which shall read as follows: Lot 78 and south 1/2 Lot 77 Dohany Subdivision of W. 1/2 of W 1/2 of N.E. 1/4 of Section 12, T. 1 S. , R. 9 E. , Livonia Township (now City), Wayne County, Michigan Lot 49 and south 1/2 Lot 50 Dohany Subdivision of W. 1/2 of W. 1/2 of N.E 1/4 of Section 12, T. 1 S. , R. 9 E. , Livonia Township (now City), Wayne County, Michigan. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Taylor, Feenstra, and McGee. NAYS: Kavanagh and Toy. The President declared the resolution adopted. On a motion by Feenstra, seconded by Jurcisin, it was: #930-92 RESOLVED, that in accordance with Section 23.01(a) of Zoning Ordinance 543, as amended, the Council does hereby request [.. that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of 27356 whether certain property located in the Dohany Subdivision, south Iftw of Seven Mile Road and west of Inkster Road in the Northeast 1/4 of Section 12 should be rezoned from RUF to a more appropriate residential zoning classification A roll call vote was taken on the foregoing resolution with the following result: AYES Jurcisin, Taylor, Feenstra, Kavanagh, and McGee NAYS: Toy The President declared the resolution adopted On a motion by Jurcisin, seconded by Feenstra, it was: #931-92 RESOLVED, that having considered a communication from the City Assessor, dated November 5, 1992, approved for submission by the Mayor, with regard to a request from Mr Leo Soave, 34822 Pembroke, Livonia, Michigan 48152, in behalf of Mr. Charles Richardson, 20011 Farmington Road, Livonia, Michigan 48152, 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. 46 013 99 0020 000 into two parcels, the legal lim descriptions of which shall read as follows: Parcel "A" Part of the N W. 1/4 of Section 4, T 1 S. , R.9 E , City of Livonia, Wayne County, Michigan, described as: Beginning in the E line of Section 4, 1848 feet S of the N E corner of said Section 4; thence S along the E line of said Section 4, 72 feet to a point; thence W parallel with the N line of said Section 4, 359.36 feet to a point; thence N. 72 feet to a point; thence E. parallel with the N line of said Section 4, 359.30 feet to the point of beginning, except the E. 60 feet thereof Containing one half acre of land. Parcel "B": Part of the N E. 1/4 of Section 4, T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, described as: Beginning in the E. line of Section 4, 1920 feet S. of the N E. corner of said Section 4; thence S. along the E. line of said Section 4; 60 feet to a point; thence W. parallel with the N. line of said Section 4, 659.5 feet to a point; thence N. 132 feet to a point; thence E. parallel with the N line of said Section 4, 300 feet to a point; thence S 72 feet to a point; thence E. parallel with the N. line of said Section 4, 359.36 feet to the point of beginning, except the E 60 feet thereof. Containing 1 32 acres of land. 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 27357 recorded in the Office of the Wayne County Register of Deeds; imw provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Taylor, Feenstra, McGee, and Toy. NAYS: Kavanagh. The President declared the resolution adopted. On a motion by Taylor, seconded by McGee, and unanimously adopted, it was: #932-92 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated November 16, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Tennyson Chevrolet, 32570 Plymouth, Livonia, Michigan 48150, for the lease of ten (10) vehicles to the Livonia Division of Police for a two-year period for the price of $60,504 per iir year, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $60,504 from Account No. 101-329-347-000 for this purpose. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #933-92 RESOLVED, that the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation the question of the percentage of American content required in the City's specifications and form of request for proposals and/or bids for the purchase of all City vehicles. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #934-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated November 14, 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Dearborn Lithograph, Inc. , 12380 Globe, Livonia, Michigan 48150, for printing of the 12 page Newsletter for a price of $109 34/M ($4,100) and for the printing of the 16 page Newsletter for the price of $122.14/M ($4,580), the 27358 action herein being taken for the reason that the aforesaid bid with respect to the 12 page Newsletter is the lowest bid received and the action taken with respect to the 16 page Newsletter is in the best interest of the City of Livonia; and the low bid of Century Design & Printing submitted with respect to the 16 page Newsletter is hereby rejected On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was: #935-92 RESOLVED, that having considered the report and recommendation of the Department of Law, dated November 18, 1992, and submitted pursuant to Council Resolutions 704-92 and 705-92, the Council does hereby authorize the sale of a vacated residential lot located at 9134 Newburgh Road to Mrs Evelyn Suddendorf, 9116 Newburgh, Livonia, Michigan 48150, for a total purchase price of $52,000, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community in accordance with Section 3.05.090A of the Livonia Code of Ordinances, as amended; and the legal description of the aforesaid property is as follows: Part of Lot 746, Supervisor's Livonia Plat No. 12, as recorded in Liber 66, Page 65, W.C.R. , said plat being a lis part of Section 32, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan and being more particularly described as follows Beginning at a point on the West line of said Section 32, 1014 50 feet due South of the West quarter corner of said Section; thence South 87 degrees 49 minutes 15 seconds East 328 feet to a point; thence due South 152.75 feet to a point; thence North 87 degrees 49 minutes 15 seconds West, 328 feet to a point on the West line of Section 32; thence due North along said line 152.75 feet to the point of beginning, except the west 60 feet thereof reserved for Newburgh Road right-of-way. (Tax Item No. 46-121-01-0746-003); and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; 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. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: 27359 #936-92 RESOLVED, that having considered a communication from the City Planning Commission, dated November 18, 1992, which transmits its resolution 11-513-92, adopted on November 17, 1992, with regard to Petition 92-10-2-40, submitted by Bob Evans Farms, Inc. , requesting waiver use approval to utilize a Class C liquor license in connection with a proposed restaurant (Cantina del Rio) to be located on the north side of Seven Mile Road between Victor Parkway and 1-275 Expressway in the Southeast 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-10-2-40 is hereby approved and granted On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #937-92 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 29, 1992, with regard to a request from John M. Kantner for a new full year Class C license to be located at 1-275 and Seven Mile Road, fronting Victor Parkway, Livonia, Michigan, Wayne County, in the corporate name of Bob Evans Farms, Inc. , an Ohio Corporation, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others"; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #938-92 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated June 30, 1992, with regard to an application from Attorney John B. Carlin, Jr. for a new full year Class C license to be located on Haggerty, north of Seven Mile Road, Livonia, Michigan, Wayne County, in the corporate name of Applebee's of Michigan, Inc. , and having also considered a letter from Mr. Carlin, dated December 8, 1992, which states that the request herein has been withdrawn, the Council does hereby take this means to advise the Liquor Control Commission that the City Council denies the said request and would not recommend that the said application be approved by the Michigan Liquor Control Commission; 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 Taylor, seconded by Jurcisin, and unanimously adopted, it was: im. 27360 #939-92 RESOLVED, that having considered a communication from Iwo the City Planning Commission, dated December 2, 1992, which transmits its resolution 12-524-92, adopted on December 1, 1992, with regard to Petition 92-10-2-42, submitted by Home Quarters of Michigan, Inc. , requesting waiver use approval to construct a retail home improvement store with an outdoor garden shop on property located on the east side of Middlebelt Road between Schoolcraft and Plymouth Roads in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-10-2-42 is hereby approved and granted, subject to the following conditions: 1) That the Site Plan dated 11-16-92, as revised, prepared by Professional Engineering Associates, which is hereby approved, shall be adhered to; 2) That the following recommended actions put forth by Reid, Cool & Michalski, Inc. , Traffic and Transportation Engineers in their report titled "Traffic Impact Study for Proposed Home Quarters Livonia, Michigan," dated November 25, 1992, shall be implemented a) That the northbound right turn lane on Middlebelt Road be extended as shown on the approved Site Plan, and b) That right turns from northbound Middlebelt Road be permitted from the second lane as well; 3) That the Building Elevation Plan dated 11-30-92, as revised, prepared by Home Quarters Architectural Department, which is hereby approved, shall be adhered to; 4) That the Landscape Plan dated 11-16-92, as revised, prepared by Michael J. Dul & Associates, Landscape Architects, which is hereby approved, shall be adhered to, and the landscaping shall be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; 5) That an underground sprinkler system serving all landscaped areas shall be installed; 6) That a sign plan shall be submitted to the Planning Commission and City Council for their approval prior to the issuance of a Sign Erection Permit; 7) That the approval of this waiver use in no way implies approval of the "Proposed Future Restaurant" illustrated on the approved site plan; Im. 8) That scoured block shall be used on the east and south elevations of the building; 27361 9) That brick shall be used on the garden wall on the north and Lwest elevations, and 10) That the existing DRC sign situated on the subject property shall be removed prior to issuance of an occupancy permit. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: #940-92 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that did not appear on the agenda. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was #941-92 WHEREAS, the City Clerk has received an amended Application for Industrial Facilities Exemption Certificate from Ford Motor Company - Livonia Transmission Plant, dated October 8, 1992, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 1; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said amended Application has been received; and WHEREAS, the City Council has afforded Ford Motor Company - Livonia Transmission Plant, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this amended Application and said hearing having in fact been conducted at 7:30 p.m. , Monday, December 7, 1992, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia as follows: 1. That the City Council, on the basis of the information received from the applicant, Ford Motor Company - Livonia Transmission Plant, finds and determines: (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P A. 1974, as amended. 27362 2 That the City Council hereby approves the amended Ibra Application for Industrial Facilities Exemption Certificate from Ford Motor Company - Livonia Transmission Plant covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 1, for 12 years. On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: #942-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 23, 1992, approved for submission by the Mayor, the Council does hereby amend Item #7 of Council Resolution 257-89 adopted on March 22, 1989, and subsequently amended by Council Resolutions 742-89, 933-89 and 969-90 so as to reduce the financial assurances now on deposit with the City for Sidewalk Improvements to $5,000, of which $2,500 is to be in cash, in the Fox Creek Meadows Subdivision located in the Southwest 1/4 of Section 5, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, the Council does hereby authorize the release to Lendrum & Ronayne Development, Inc. , 28947 Glenbrook Drive, Farmington Hills, Michigan 48331, the proprietor of the Fox Creek Meadows Subdivision, of the financial assurances previously deposited with respect to the General Improvement Bond in the amount of $3,000 cash, the Entrance Marker, Landscaping Bond in the amount of $20,000 (of which $2,000 was to be cash), and the Monument/Marker Bond in the amount of $2, 110 (cash); FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged. No one wished to speak during the audience communication portion at the end of the meeting On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, this 1,238th Regular Meeting of the Council of the City of Livonia was adjourned at 9:29 p.m. , December 9, 1992. 72761 (17 J n McCotter, City Clerk