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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-01-15 26806 LitMINUTES OF THE ONE THOUSAND TWO HUNDRED AND SIXTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 15, 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 Jurcisin delivered the invocation Roll was called with the following result: Present: Dale Jurcisin, Gerald Taylor, Ron Ochala, Fernon P. Feenstra and Laura Toy. Absent: None. Elected and appointed officials present Joan McCotter, City Clerk; Harry Tatigian, City Attorney; Raul Galindo, City Engineer; John Nagy, Planning Director; Karen A Szymula, Director of Legislative Affairs; David N. Preston, Director of Finance; Suzanne Wisler, Director of Community Services; Robert D Bennett, Mayor; Robert R. Bishop, City Treasurer; Lee B. Grieve, Chief of Police; LisJohn Fegan, Director of Building Inspection and Elizabeth Todd, Deputy City Treasurer. On a motion by Taylor, seconded by Ochala, and unanimously adopted*, it was ##08-92 RESOLVED, that the minutes of the 1,215th Regular Meeting of the Council of the City of Livonia, held December 18, 1992 are hereby approved. *Jurcisin abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances. On a motion by Feenstra, seconded by Ochala, and unanimously adopted*, it was #09-92 RESOLVED, that the minutes of the 220th Special Meeting of the Council of the City of Livonia, held December 23, 1992 are hereby approved. *Jurcisin abstained from voting which is recorded as a "yes" vote under Ibmthe provisions of Section 2 04 190B of the Livonia Code of Ordinances 26807 On a motion by Ochala, seconded by Feenstra, and unanimously adopted*, it was #10-92 RESOLVED, that the minutes of the 221th Special Meeting of the Council of the City of Livonia, held January 6, 1992 are hereby approved *Jurcisin and Taylor abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was #11-92 RESOLVED, that the minutes of the 222nd Special Meeting of the Council of the City of Livonia, held January 6, 1992 are hereby approved On a motion unanimously introduced, seconded and adopted, it was #12-92 WHEREAS, the Livonia Family YMCA will be celebrating its 23rd Anniversary, 23 years of serving the community and offering the children of the community a wholesome, athletic atmosphere to grow and develop; and WHEREAS, the Livonia Family "Y" is planning its annual "INVEST IN YOUTH" campaign; and WHEREAS, it is desirable that the City become more aware of the "Y" contributions to the community; and WHEREAS, the "INVEST IN YOUTH" campaign further enables the "Y" to * Send youngsters to summer camp •• Subsidize memberships to an ever increasing number of financially distressed families * Provide a handicapped day camp * Provide after school programs for youth Operation Water Safe Provide programs for handicapped youth and adults NOW, THEREFORE, BE IT RESOLVED that the Livonia City Council endorses the designation of February 3rd through 9th as "YMCA INVEST IN YOUTH WEEK" and wholeheartedly supports this program 26808 ihr On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #13-92 RESOLVED, that the Council does hereby request that the Legislative Committee submit its report and recommendation on a proposed amendment to Chapter 2 04 of the Livonia Code of Ordinances (Rules of the Council) which would provide an additional exemption for Councilmembers not voting on an issue on moral or ethical grounds, i.e. , as a matter of personal conscience, etc. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Taylor, Ochala, Feenstra and Toy. NAYS: None. A communication from the Mayor, dated December 20, 1991 submitting the City of Livonia Annual Report for the fiscal year 1990-1991 was received and placed on file for the information of the Council On a motion by Taylor, seconded by Feenstra, and unanimously adopted, Imo it was #14-92 RESOLVED, that having considered a communication from Mr. William J Hitter, 31522 Grove Drive, Livonia, Michigan 48154, dated January 4, 1992, to which is affixed the signatures of certain other residents of Grove Drive, west of Merriman, with respect to a proposed improvement of Grove Drive, the Council does hereby refer this item to the Engineering Department for its report and recommendation. #15-92 RESOLVED, that having considered a communication from the President of the Friends of the Barn, Inc , 29350 West Chicago, Livonia, Michigan 48150, dated December 4, 1991, wherein a request is submitted for a waiver of certain provisions of the Livonia Zoning Ordinance with respect to signage as well as a request for a waiver of all permits and field inspection costs in connection with the installation of a proposed menu-board type sign for events to be conducted at the Wilson Barn, the Council does hereby refer this item to the Inspection Department, the Planning Department and any other appropriate departments for their respective reports and recommendations. #16-92 RESOLVED, that having considered the report and recommen- ibm dation of the Chief of Police, dated December 4, 1991, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from TFP, Inc. , 33 Villa Road, Suite 304, Greenville, South Carolina 29615, for T the following items in the following amounts: 26809 Quantity Item Unit Cost Total Cost 1 Video Player (Panasonic) $ 705.00 1 Crime Scene Software License 1,000 00 1 Still Image Camera (Panasonic) 1,355.00 1 Camera Case w/accessories 297 00 $3,357.00; the said $3,357.00 to be appropriated and expended from account #101-307-987-000 for this purpose; further, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3.04 140D5 of the Livonia Code of Ordinances, as amended. #17-92 RESOLVED, that having considered the report and recommen- ation of the Director of Public Works, dated December 11, 1991, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Chemlawn Commercial Services, P 0 BOX 577, Taylor, Michigan 48180, for the 1992 Tree and Stump Removal Program for the estimated total cost of $16,720.00, based upon the Public Service Division's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; 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 #18-92 RESOLVED, that having considered the report and recommenda- tion of the Chief of Police, dated December 13, 1991, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Campus Ford, Inc. , 1830 W Grand River, Okemos, Michigan 48864, of 13 patrol 4-Door sedans, per Michigan specification #3905-0010 for a total price of $178,950.50, the same to be appropriated and expended from account #101-325-985-000; 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 #19-92 RESOLVED, that having considered a letter from the Livonia Heart Fund, dated December 12, 1991, the Council does hereby determine as follows lio (1) That the Livonia Heart Fund is a worthy non-profit charity in the community; (2) That the City of Livonia shall be one of the co-sponsors of the 1992 Golf Day Benefit; and 26810 110 (3) That the Livonia Heart Fund is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Courses on Wednesday, August 26, 1992, for the 15th Annual Golf Outing and that all fees in connection therewith be waived. #20-92 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated December 19, 1991, approved for submission by the Mayor, to which is attached a letter from the Conference of Western Wayne and an invoice in the amount of $4,775.50, with respect to the City's total dues for the fiscal year 1992, and having also considered a communication from the Director of Finance, dated January 15, 1992, which submits additional information, the Council does hereby authorize the payment of the same A communication from the Director of Finance, dated December 12, 1991, re Bobby's Country House concerning rent arrearages and improvements was received and placed on file for the information of the Council #21-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated December 20, 1991, which bears the signatures of the City Attorney and the Finance Director and is approved for submission by the Mayor, to which 16, is attached a proposed agreement between the City of Livonia and Transport Company, 31376 Industrial Road, Livonia, Michigan 48150, to provide specialized transportation services (lift-equipped) for non-transferable wheelchair persons in Northwest Wayne County and Farmington and Farmington Hills, and a proposed amendatory agreement between the City of Livonia and SMART for support of this program, for the period October 1, 1991 through September 30, 1992, the Council does hereby authorize the Mayor and City Clerk to execute the said Agreements in the manner and form herein described, subject to the approval as to form by the Department of Law. #22-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated December 20, 1991, approved by the City Attorney and the Finance Director and approved for submission by the Mayor, and to which is attached an amendatory agreement for User-Side Subsidy/Essential Transportation Services to provide essential transportation service for senior citizens and handicapped persons in northwest Wayne County, Farmington and Farmington Hills for the period July 1, 1991 through June 30, 1992, the Council does hereby authorize the Mayor and City Clerk to execute the attached proposed amendatory Agreement as well as to execute an agreement with SMART for support of this amendment, subject to approval as to form by the Department of Law Imo #23-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 26, 1991, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits final cost information with respect to the paving improvement of Sunset and Clarita, south of Seven Mile Road in the Northwest 1/4 of Section 11 (S A D No. 358), the Council does hereby determine as follows 26811 1. To authorize a decrease in the total assessment as set forth in the ilw confirmed assessment roll for S.A D No 358 from $84,456 00 to $72,246.60, with the assessments being reduced to the assessment rate of $39.35 p.f.f ; 2. To authorize the City Assessor to increase the assessment in the total amount of $1,471 89 for parcels listed in Attachment II so as to include the cost of additional work requested by property owners within the assessment district; 3 To establish the final project cost at $116,544 46. Of this total, $73,718 49 is to be charged to the special assessment district, and $42,825.97 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts; and 4 To authorize an expenditure in the amount of $116,544 46 from the $12 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($73,718.49) and the Michigan Transportation Fund (Local Road Account) receipts ($42,825.97). #E24-92 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated December 3, 1991, and submitted pursuant to Council Resolution 369-91 on the question of whether Section 18 58(a) of the Zoning Ordinance should be amended so as to require with respect to all OS, C-1, C-2 zoned property that the City Planning Commission shall review the site plan and submit a report and recommendation to the City Council for its approval (delete the two-acre exception for OS and five-acre exception for C-1 and C-2), the Council does hereby refer this item to the Legislative Committee for its report and recommendation. #25-92 RESOLVED, that the Council does hereby amend and revise Council Resolution 871-91 so as to have the same read as follows: RESOLVED, that having considered a communication from the City Planning Commission, dated October 22, 1991, which transmits its resolution 10-167-91, adopted on October 15, 1991, with regard to Petition 91-9-3-3, submitted by the City Planning Commission pursuant to Council Resolution 692-91, proposing to vacate a 6 foot wide easement across Lots 3 through 28 of Joy Road Cozy Homesites Subdivision, located on the east side of Deering Avenue north of Joy Road in the South- east 1/4 of Section 36, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 91-9-3-3, with the exception of deleting Lots 3 through 8 as requested by the Detroit Edison Company from this vacating petition; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution 26812 lioA communication from the Department of Law, dated December 6, 1991, re proposed purchase of City-owned property, Lot 8, except W 70 feet, Horton's Subdivision, 9717 Newburgh, (CR 507-90) was received and placed on file for the information of the Council. #26-92 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 9, 1991, and submitted pursuant to Council Resolution 858-91 in connection with a letter from Mr. Anthony Soave, representing Livonia Development Company, 33242 W Seven Mile, Livonia, Michigan 48152, dated October 9, 1991, wherein an interest is indicated in the purchase of certain City-owned property, described as Lot 63, Bai-Lynn Park Subdivision (31225 Lyndon, Livonia, Michigan), the Council does hereby determine to take no further action #27-92 RESOLVED, that in accordance with Section 23 01(a) of Zoning Ordinance 543, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether Outlet B of the Bai-Lynn Park Subdivision No 2 (Sidwell No 091-04-0063-000) should be rezoned to the NP zoning classification A communication from the City Clerk, dated December 13, 1991, re the lbw collection of one half of the Livonia Public School District's taxes, commencing July 1, 1992, with the summer collection and remaining one half of the taxes with the winter collection was received and placed on file for the information of the Council. #28-92 RESOLVED, that the City Council does hereby set the salary of the City Assessor, effective January 1, 1992 as follows: Step 1 $53,893.00 Step 1.5 54,974.00 Step 2 56,035.00 Step 3 58,282.00 Step 4 60,632 00 Step 5 63,066.00 The same benefits (i e longevity, vacation credit, sick leave, dental, optical, medical benefits, etc ) as extended to full time classified Civil Service employees are to be afforded this position. #29-92 RESOLVED, that the Council does hereby determine that Councilman iwo Fernon P Feenstra shall, until further action of the City Council, be designated as Parliamentarian of the City Council for a one year period effective January 1, 1992 through December 31, 1992 26813 #30-92 RESOLVED, that having considered a communication dated December 22, 1991 from Timothy Mitchell, 2211 Ridgedale, Oak Park, Michigan 48237, 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 17, 1991 by the City Planning Commission in its resolution 12-192-91 with regard to Petition 91-12-2-31 submitted by Narciso Ruano, Nobuko Mitchell and Timothy I. Mitchell, requesting waiver use approval to operate a limited service restaurant in an existing building located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8, which property is zoned C-2, the Council does hereby designate Wednesday, February 26, 1992 at 7:30 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 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. #31-92 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 16, 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 26, 1992 at 7:30 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 91-11-1-21, submitted by Paul Lay for Orfeo Corona and Aldo Liberatore for a change of zoning on property located on the southwest corner of Seven Mile Road and Maplewood Avenue in the Northwest 1/4 of Section 12, from OS to C-1, the City Planning Commission in its resolution 12-190-91 having recommended to the City Council that Petition 91-11-1-21 be denied); and (2) Petition 91-10-1-20, submitted by the City Planning Commission on its own motion for a change of zoning on property located on the south side of Seven Mile Road between Myron and Whitby in the Northeast 1/4 of Section 9 from C-2 to C-1, the City Planning Commission in its resolution 12-189-91 having recommended to the City Council that Petition 91-10-1-20 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 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 26814 Imoto 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. #32-92 WHEREAS, pursuant to the direction of the City Council in its resolution 911-91, adopted on November 20,1991, 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 December 6, 1991 an assessment roll dated December 6, 1991 for the proposed street paving consisting of a 28 foot wide asphalt pavement with mountable asphalt curbs (Alternate III) on Wadsworth, east of Stark Road in the Southeast 1/4 of Section 28 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 911-91; 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 L 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, February 19, 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 February 19, 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 Jurcisin, Taylor, Ochala, Feenstra and Toy. NAYS: None. ibe The President declared the resolution adopted. 26815 Ochala took from the table, for second reading and adoption, the following lbw Ordinance: AN ORDINANCE AMENDING SUBSECTION A(1) OF SECTION 130 OF CHAPTER 04 (DOGS) OF TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Jurcisin, Taylor, Ochala, Feenstra and Toy. NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was #33-92 RESOLVED, that having considered a communication from the Livonia Arts Commission and the Director of Community Resources, dated December 12, 1991, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the purchase of slatwall display panels for the new Civic Center Library from Design Fabrication, Inc. , 1107 Wheaton Street, Troy, MI 48083, in the quantity and in the amount indicated, and the Council does hereby appropriate the sum of $8,000.00 from Trust Fund Account 724-000-987-000 for this purpose (an additional $8,000.00 to be provided by the Friends of the Library); FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3.040 140D5 of the Livonia Code of Ordinances, as amended On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #34-92 RESOLVED, that having considered a communication from the City Planning Commission, dated November 27, 1991, which transmits its resolution 11-180-91, adopted on November 19, 1991, with regard to Petition 91-10-2-29, submitted by Marcy Trudeau requesting waiver use approval to construct an indoor playland addition at an existing restaurant on the east side of Ann Arbor Road between Ann Arbor Trail and Butwell Street in the Northeast 1/4 of Section 31, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 91-10-2-29 is hereby approved and granted, such approval to be based upon the same conditions ihro as those set forth in the aforesaid recommendation of the Planning Commission. 26816 On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #35-92 RESOLVED, that having considered a communication from the City Planning Commission, dated December 26, 1991, which transmits its resolution 12-191-91, adopted on December 17, 1991, with regard to Petition 91-11-2-30, submitted by Perry Drug Stores, Inc. , requesting waiver use approval to utilize an SDD license for an existing drug store located on the south side of Eight Mile Road between Grand River Avenue and Inkster Road in the Northeast 1/4 of Section 1, which property is zoned C-2, the Council does hereby concur in the recommen- dation made by the City Planning Commission and Petition 91-11-2-30 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 Jurcisin, seconded by Taylor, and unanimously adopted, it was #36-92 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 10, 1991, in connection with a letter from Mr. Anthony Soave, representing Livonia Development Company, lbw 33242 W. Seven Mile, Livonia, Michigan 48152, dated October 9, 1991, wherein an interest is indicated in the purchase of certain City-owned property, described as Lots 243, 244 and 245 of Supervisor's Livonia Plat No. 3 (29036 Broadmoor, Livonia, Michigan), the Council does hereby determine to take no further action. On a motion by Feenstra, seconded by Ochala, it was #37-92 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 its report and recommendation on the question of whether certain City-owned property described as Lots 243, 244 and 245 of Supervisor's Livonia Plat No. 3 (29036 Broadmoor, Livonia, Michigan) should be rezoned from PL to NP. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Ochala, Feenstra and Toy. NAYS: Taylor. The President declared the reolution adopted. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, lie it was #38-92 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 11, 1991, in connection with a letter from Mr. Anthony Soave, representing Livonia Development Company, 33242 W. Seven Mile, Livonia, Michigan 48152, dated October 9, 26817 IWo 1991, wherein an interest is indicated in the purchase of certain City-owned property, described as Lot 228 of Supervisor's Livonia Plat No. 3 (29091 Sunnydale, Livonia, Michigan), the Council does hereby determine to take no further action. On a motion by Feenstra, seconded by Ochala, it was #39-92 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 its report and recommendation on the question of whether certain City-owned property described as Lot 228 of Supervisor's Livonia Plat No 3 (29091 Sunnydale, Livonia, Michigan) should be rezoned from PL to NP A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Ochala, Feenstra and Toy NAYS: Taylor The President declared the resolution adopted On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, liwit was #40-92 RESOLVED, tht the Council does hereby determine to amend and revise Council Resolution 944-91 so as to have the same read as follows: RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 4, 1991, and the report and recommendation of the Chief of Police, dated October 29, 1991, the Council does hereby approve of the request from Angelis Anastasiou, stockholder in Lela's Restaurants, Inc. , to transfer ownership of 1991 Class C Licensed Business from GSR Associates, Inc , for a business located at 29300 Broadmoor, Livonia, Michigan 48154, Wayne County (it being the understanding of the City Council that the applicant has cancelled his request for a Dance Permit and a new Official Permit (Food) in conjunction with the Class C Licensed Business); 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 Feenstra, seconded by Ochala, and unanimously adopted, it was lbw #41-92 RESOLVED, that having considered a communication from the City Treasurer, dated January 13, 1992, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts Parcel of property and assessment is included herein by reference 26818 which work was done pursuant to Council Resolution 164-91 and in accordance with the provisions of Section 12.04.340 of the Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby pursuant to the provisions of Section 3.08.150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges; FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 8% interest where assessments exceed $400 and the property owner has requested such installments, and the Council does hereby reject the request by Abraham Dunn, dated November 19, 1991, with respect to authorizing installments for the payment of $99 00; FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable Lit therewith on the next general tax roll; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was #42-92 RESOLVED, that the Council does hereby amend and revise Council Resolution 901-91, adopted on November 20, 1991 so as to have the date of the revised elevation plans, No 5925, referred to therein read November 19, 1991 and not November 15, 1991 On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #43-92 RESOLVED, that having considered a communication from the City Planning Commission, dated August 5, 1991, which sets forth its resolution 7-119-91, adopted on July 23, 1991, with regard to Petition 91-6-1-13, submitted by Truman Strong for a change of zoning on property located on the southeast corner of Middlebelt Road and Grandon Avenue in the Southwest 1/4 of Section 36, from OS to C-1, and the Council having conducted a public hearing with regard to this matter on January 8, 1992, pursuant to Council Resolution 895-91, and the Council having also considered a letter from the petitioner's attorney, dated January 3, 1992, which indicates that the petitioner has recently sold the subject property and no longer wishes to proceed with this petition, the Council does hereby concur in the recommendation 26819 of the Planning Commission and the said Petition 91-6-1-13 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was #44-92 RESOLVED, that having considered a communication from the Hearing Officer, dated November 1, 1991, approved for submission by the Mayor, with regard to a request to demolish a building located at 31600 Plymouth Road, the legal description of which is as follows: That part of the Southeast 1/4 of Section 27, T.1 S. , R.9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as beginning at a point on the Northerly line of Plymouth Road, 120 feet wide, which point is distant North 89 degrees 22 minutes 20 seconds West 655.00 feet and North 0 degrees 07 minutes 50 seconds West 60 00 feet from the Southeast corner of said Section 27; thence North 0 degrees 07 minutes 50 seconds West 150.00 feet; thence North 89 degrees 22 minutes 20 seconds West 50 00 feet; thence South 0 lim degrees 07 minutes 50 seconds East 150 00 feet; thence along said line of Plymouth Road, South 89 degrees 22 minutes 20 seconds East 50 00 feet to the point of beginning; and the Council having conducted a public hearing with respect to this matter on January 8, 1992, pursuant to Council Resolution 897-91, and based upon the testimony and evidence presented, and having reviewed the file and the order for demolition of the Hearing Officer, the Council does hereby determine in accordance with the provisions set forth in Section 15.52. 150 of the Livonia Code of Ordinances, as amended, to concur in and approve the Order of Demolition of the Hearing Officer; FURTHER, the owner or owners of the structure in question are hereby requested to demolish the same or in lieu thereof upon the expiration of the 20-day period prescribed by City Ordinance, the Department of Public Works is hereby authorized to do all things necessary to accomplish the demolition of the said structure in accordance with the provisions of City Ordinance and law, the cost of which is to be borne by the owner or owners of the said property in accordance with Section 15.52. 180 of the Livonia Code of Ordinances. On a motion by Jurcisin, seconded by Teenstra, and unanimously adopted, it was #45-92 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 30, 1991 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, 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: 26820 (1) accept and approve said statement in all respects; (2) determine to make the road improvement consisting of a 34 foot wide 8" thick concrete pavement with curbs and gutters (Alternate I) on Henry Ruff Road, south of Five Mile in Section 23, 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 October 30, 1991; with the exception, however, that the lots on Hoy be assessed on the basis of sideage rather than frontage; (4) determine that the estimated cost of such improvement is $294,962.90; (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 $42,053 54 for 1,161 7 feet of special assessment, 60% of paving costs ($152,137 74) and 100% of drainage costs ($41,400.00) and that the balance of said cost and expense of said public improvement amounting to 40% of paving ($45,919 70) 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 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 A Special Assesent District in Section 23, 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 26821 (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 (11) and the Council does hereby request that the Livonia Board of Education agree to assume their share in the cost of this project which is estimated to be in the amount of $13,451.92. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, Lit was #46-92 RESOLVED, that the Council does hereby request that the Traffic Commission submit a report and recommendation on what measures are required to limit truck traffic load limit on Henry Ruff south of Five Mile Road. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #47-92 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 12, 1991, the Council does, for and on behalf of the City of Livonia, accept a cash donation of $1,000 00 from the Livonia Heart Fund, the same to be deposited in and credited to Contributions/Gifts Account 457-000-690-010 for the purchase of medical and defibrillator supplies for Emergency Medical Units On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #48-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated December 17, 1991, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, 26822 accept a cash donation of $500.00 from the Livonia Heart Fund, the same to be deposited in and credited to Account 702-000-285-215 for use in the Livonia Youth Assistance Program. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was 049-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated December 20, 1991, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the cash donations detailed in the aforesaid communication in a total amount of $2,317.93, the same to be deposited in and credited to Account 702-000-285-216 for use in the Senior Citizen Programs. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was 050-92 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 27, 1991, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $120.00 from the Livonia Towne Club, lim the same to be deposited in and credited to Account 702-000-285-215 for use in the Livonia Youth Assistance Program. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was 051-92 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was 052-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 13, 1992, and submitted pursuant to Council Resolution 521-91 in connection with a letter from the Michigan Liquor Control Commission, dated April 9, 1991, and the report and recommendation of the Chief of Police. dated May 9. 1991, with regard to the request from tihrriott Motels, Inc. Dslavrare Curptir— ation) and Marriott Diversified American Hotels, Limited Partnership (A Delaware Limited Partnership) (Co-licensees) for a new SDM license to be held in conjunction with 1990 12 months Resort B-Hotel Licensed Business with Dance Permit and 227 rooms, located at 17100 Laurel Park, Livonia, Michigan, Wayne County, the Council does hereby recommend denial of this request inasmuch as it would not be in compliance with Livonia Zoning Ordinance No. 543; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission 26823 On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #53-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 13, 1992, and submitted pursuant to Council Resolution 798-91 in connection with a letter from the Michigan Liquor Control Commission, dated August 12, 1991, and the report and recommendation of the Chief of Police, dated September 19, 1991, approved for submission by the Mayor, regarding a request from Arbor Drugs, Inc. for a new SDM license to be held in conjunction with a new SDD license, for a business to be located at 36630 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby recommend approval of the request for a new SDM license only (the petitioner having withdrawn its request for an SDD license), the action herein being taken on the basis that the Council did, in Council Resolution 975-91 adopted on December 18, 1991, approve the petitioner's request for a waiver use approval for an SDM licensed establishment in accordance with the provisions of Zoning Ordinance No. 543; 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 1154-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 13, 1992, and submitted pursuant to Council Resolution 6-92 in connection with a communication from the City Clerk, dated January 2, 1992, wherein she indicates that she has appointed Ann Tavolacci, 18415 University Park, Livonia, Michigan 48152, as Deputy City Clerk, effective January 1, 1992, the Council does hereby confirm the said appointment in accordance with Chapter V, Section 9 of the Charter of the City of Livonia, at the annual salary of $37,564.80 per annum, commencing from and retroactive to January 1, 1992, with the same benefits extended to other full-time classified employees; FURTHER, that the salary established herein shall be subject to review in one year. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was #55-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 13, 1992, and submitted pursuant to Council Resolution 7-92 in connection with a communication from the City Treasurer, dated January 2, 1992, wherein he indicates that he has appointed Elizabeth Todd, 37083 Vargo, Livonia, Michigan 48152, as Deputy City Treasurer, effective January 1, 1992, the Council does hereby confirm the said appointment in accordance with Chapter V, LSection 9 of the Charter of the City of Livonia, at an annual salary 26824 of $37,564.80, commencing from and retroactive to January 1, 1992, and with the same benefits extended to other full-time classified employees; FURTHER, that the salary established herein shall be subject to review in one year. On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, this 1,216th Regular Meeting of the Council of the City of Livonia was adjourned at 8:45 P.M. , January 15, 1992. Ci Jo. rcCotter, Ci y Clerk lir irw