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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-08-19 26597 L MINUTES OF THE ONE THOUSAND, TWO HUNDRED AND SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 19, 1991 , the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the Vice President of the Council at 8:00 P.M. Councilman Feenstra delivered the invocation. Roll was called with the following result: Present: Laura Toy, Robert R Bishop, Gerald Taylor, Fernon P Feenstra and Dale Jurcisin; Absent: Ron Ochala and Joan McCotter (both on vacation). Elected and appointed officials present Robert F. Nash, City Clerk, Harry Tatigian, City Attorney; Robert D Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer; Karen Szymula, Director of Legislative Affairs; David Preston, Director of Finance, Robert Beckley, Director of Public Works and Suzanne Wisler, Director of Community Resources. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted*, it was #628-91 RESOLVED, that the minutes of the 1 ,205th Regular Meeting of the Council of the City of Livonia, held July 24, 1991 are hereby approved *Councilman 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 Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #629-91 RESOLVED, that the minutes of the 216th Special Meeting of the Council of the City of Livonia, held August 12, 1991 are hereby approved 26598 limA communication from the Finance Director, dated July 23, 1991 forwarding various financial sttements of the City of Livonia for the month ending June 30, 1991 was received and placed on file for the information of the Council . On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was #630-91 RESOLVED, that having considered an application from Shannon Ziegler, 14051 Edgewood, Livonia, Michigan 48154, dated July 11 , 1991 , requesting permission to close Edgewood between Perth and Scone on Sunday, September 15, 1991 , from 1 00 p.m. to 9:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #631-91 RESOLVED, that having considered a letter from the President of the Fairway Farms Homeowners Association, dated July 8, 1991 , requesting permission to close Sherwood between Westbrook and Parklane on on Saturday, September 14, 1991 , from 3:00 p.m. to dark for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on September 15, 1991 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #632-91 RESOLVED, that having considered an application from Joseph G. Carbott, 14285 Hubbard, Livonia, Michigan, dated July 24, 1991 , requesting permission to close Hubbard between Allen Court and Perth on Saturday, September 21, 1991 , from 3 00 p.m. to 7.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on September 22, 1991 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #633-91 RESOLVED, that having considered an application from Norman Hall , 37178 St. Martins, Livonia, Michigan, dated July 25, 1991 , requesting permission to close St. Martins, east of Fairfax, on Saturday, August 24, 1991 , from 9:00 a.m. to 11 00 p.m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on August 25, 1991 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department 26599 #634-91 RESOLVED, that having considered an application from Michael A. Paulson, 33151 Broadmoor Court, Livonia, Michigan, dated July 29, 1991 , requesting permission to close Hampshire at 33078 Hampshire and Woodring Court to 16097 Woodring Court on Saturday, August 24, 1991 , from 3:00 p m to 11 :00 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on August 25, 1991 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #635-91 RESOLVED, that having considered an application from Art Smith, 36007 Barkley, Livonia, Michigan, dated July 29, 1991 , requesting permission to close Barkley between Levan and Golfview on Saturday, September 14, 1991 , from 3.00 p m to 12:00 a m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on September 15, 1991 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #636-91 RESOLVED, that having considered an application from Deborah K Koch, 15682 Edgewood, Livonia, Michigan 48154, dated August 2, 1991 , requesting permission to close Edgewood between Ellen and Ellen on Saturday, September 14, 1991 , from noon to 9 30 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on September 15, 1991 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #637-91 RESOLVED, that having considered a petition submitted by Jeanne Kendra Franczak, 15897 Swathmore Lane, Livonia, Michigan 48154, dated July 22, 1991 , requesting the development of the Quaker Center Park and Ouaker East Park into active recreational areas, and having also considered a petition submitted by certain residents in opposition to the foregoing, the Council does hereby refer this matter to the Engineering Department for its report and recommendation. #638-91 RESOLVED, that having considered a petition submitted by Jeanne Kendra Franczak, 15897 Swathmore Lane, Livonia, Michigan 48154, dated July 22, 1991 , reauesting the development of the Quaker Center Park and Quaker East Park into active recreational areas, and having also considered a petition submitted by certain residents in opposition to the foregoing, the Council does hereby refer this matter to the Parks and Recreation Department for its report and recommendation. 26600 #639-91 RESOLVED, that having considered a petition submitted by Jeanne Kendra Franczak, 15897 Swathmore Lane, Livonia, Michigan 48154, dated July 22, 1991 , requesting the development of the Quaker Center Park and Quaker East Park into active recreational areas, and having also considered a petition submitted by certain residents in opposition to the foregoing, the Council does hereby refer this matter to the Planning Department for its report and recommendation. #640-91 RESOLVED, that having considered a petition submitted by Jeanne Kendra Franczak, 15897 Swathmore Lane, Livonia, Michigan 48154, dated July 22, 1991 , requesting the development of the Quaker Center Park and Quaker East Park into active recreational areas, and having also considered a petition submitted by certain residents in opposition to the foregoing, the Council does hereby refer this matter to the Mayor for his report and recommendation. #641-91 RESOLVED, that having considered a petition submitted by Jeanne Kendra Franczak, 15897 Swathmore Lane, Livonia, Michigan 48154, dated July 22, 1991 , requesting the development of the Quaker Center Park and Quaker East Park into active recreational areas , and having also considered a petition submitted by certain residents in opposition to the foregoing, the Cnuncil does hereby refer this matter to the Director of Public Works for his report and recommendation #642-91 RESOLVED, that having considered a petition submitted by Jeanne Kendra Franczak, 15897 Swathmore Lane, Livonia, Michigan 48154, dated July 22, 1991 , requesting the development of the Quaker Center Park and Quaker East Park into active recreational areas, and having also considered a petition submitted by certain residents in opposition to the foregoing, the Council does hereby request that the Police Department give special attention to Quakertown Lane in the Quakertown Subdivision with respect to speeders in this area. #643-91 RESOLVED, that having conside-ed a petition submitted by Jeanne Kendra Franczak, 15897 Swathmore Lane, Livonia, Michigan 48154, dated July 22, 1991 , requesting the development of the Quaker Center Park and Quaker East Park into active recreational areas, and having also considered a petition submitted by certain residents in opposition to the foregoing, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation. #644-91 RESOLVED, that having considered a petition submitted by Jeanne Kendra Franczak, 15897 Swathmore Lane, Livonia, Michigan 48154, dated July 22, 1991 , requesting the development of the Quaker Center Park and Quaker East Park into active recreational areas, and having also considered a petition submitted by certain residents in opposition to the foregoing, 26601 im the Council does hereby refer this matter to the Traffic Commission for its report and recommendation. #645-91 RESOLVED, that having considered a letter from Sam Shamie, Partner of SIJL Development Company, 26111 W. 14 Mile Road, Suite LL-4, Franklin, Michigan 48025, dated July 26, 1991 , wherein a request is submitted for the installation of street lighting on newly extended Industrial Road and Hubbard Road, the cost of which is to be financed by special assessments, the Council does hereby refer this item to the Engineering Department for its report and recommendation. #646-91 RESOLVED, that having considered the report and recommendation of the Fire Chief dated July 18, 1991 , 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 Apollo Fire Equipment Co. , 12584 Lakeshore Drive, Romeo, Michigan 48065, for supplying the Fire Department with eight fire coats and eight pair of bunker pants, for a total price of $5,240.00, the same having been in fact the lowest bid received and meets all specifications. #647-91 RESOLVED, that having considered a letter from the President of The Village Herb Associates, dated August 5, 1991 , the Council does hereby take this means to indicate that The L Village Herb Associates is recognized by the City of Livonia as a non-profit service organization and that the City of Livonia has no objection to a license being issued to The Village Herb Associates by the Michigan Bureau of State Lottery. #648-91 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated July 31 , 1991 , approved for submission by the Mayor, wherein the Department of Finance requests authorization to solicit proposals from various banking institutions in Livonia for various banking services for the City, Municipal Building Authority and the 16th District Court, the Council does hereby grant and approve this request in the manner and form herein submitted #649-91 RESOLVED, that having considered a communication from the Director of Finance, dated August 6, 1991 , approved for submission by the Mayor, to which is attached an invoice from the National League of Cities, dated July 1 , 1991 , in the amount of $5,463.00 for annual membership dues for the period October 1 , 1991 through September 30, 1992, the Council does hereby approve and authorize the payment of same. A communication from the Director of Community Resources, dated July ti. 30, 1991 re User Side Subsidy Contract for FY 1992 CR 500-91 was received and placed on file for the information of the Council . 26602 Imp #650-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated August 5, 1991 , which bears the signature of the Finance Director, is approved by the Director of Community Resources and approved for submission by the Mayor, the Council does hereby accept the unit price bid of K & V Construction, 16650 Racho Road, Taylor, MI 48180, for the Building Stabilization Project for the Greenmead Farm Complex for a total price of $49,800 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $17,572.00 from the 1991 Historical Commission Budget (Account 101-737-976-220) and the balance of $32,228.00 from the Post Office Fund (Account 702-000-285-135) , 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 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 #651-91 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 29, 1991 , which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 542-89 so as to have the same read as follows RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 29, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a traffic signal agreement for the installation of a traffic signal at the intersection of Tech Center Drive and Plymouth Road, the estimated cost of the City' s share being in the amount of $18,989 00, the same in fact being the relocation of the existing traffic signal from the entrance to the Wonderland Shopping Center to the intersection of Plymouth Road and Tech Center Drive, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $17,404.90 from the Michigan Transportation Fund (Major Road Account) for this purpose, and the Council does further agree that the City of Livonia will participate in the future maintenance (including electric energy charges) of the aforesaid traffic signal control device to the extent of 50%; and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed cost agreement to the Michigan Department of Transportation. 26603 Imi #652-91 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 29, 1991 , which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which submits final cost information with regard to the Plymouth - Stark Road traffic signal modernization project which was authorized in Council Resolution 408-88, the Council does hereby appropriate and authorize the expenditure of an additional $404.03 from The Motor Vehicle Highway Fund (Major Road Account) to provide for the City' s share of the additional costs which were required to complete this signal installation. #653-91 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 25, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits final cost information with regard to the improvement of Hillcrest, St. Martins and Haldane in the Southwest 1/4 of Section 2 (S.A.D. 332) , the Council does hereby determine as follows a. To authorize a decrease in the total assessment as set forth in the confirmed assessment roll for S.A.D. 332 from $51 ,753 00 to $46,308.75, with the assessment to be reduced to the assessment rate of $11 .65 p.f.f , b. To authorize the City Assessor to increase the assessment in the total amount of $4,659 11 for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, c. To establish the final project cost at $67,466 78, of which $50,967.86 is to be charged to the special assessment district, and $16,498 92 is to be assumed by the City' s Michigan Transportation Fund (Local Road Account) receipts , and d. To authorize an expenditure in the amount of $67,466.78 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 ($50,967 86) and from the Michigan Transportation Fund (Local Road Account) receipts ($16,498 92) . #654-91 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 1 , 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits final cost information with regard to the improvement of Pershing, Goff and Margareta in the Northeast 1/4 of Section 12 (S.A.D. 337) , the Council does hereby determine as follows. 26604 Immo a. To authorize a decrease in the total assessment as set forth in the confirmed assessment roll for S A D 337 from $68,146.00 to $62,022 80, with the assessment to be reduced to the assessment rate of $11 .90 p.f.f. , b. To authorize the City Assessor to increase the assessment in the total amount of $5,171 51 for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district; c. To establish the final project cost at $89,706.91 , of which $67,194.31 is to be charged to the special assessment district, and $22,512 60 is to be assumed by the City' s Michigan Transportation Fund (Local Road Account) receipts, and d To authorize an expenditure in the amount of $89,706.91 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 ($67,194 31 ) and from the Michigan Transportation Fund lis (Local Road Account) receipts ($22,512 60) #655-91 RESOLVED, that Phoenix Land Development Corporation, 33481 W Fourteen Mile, Farmington Hills, MI 48331 , as proprietor, having requested the City Council to approve the proposed preliminary plat of the following subdivision Pine Cove Estates Subdivision, located in the Southeast 1/4 of Section 36, the said proposed preliminary plat being dated February 22, 1991 (with revisions 3/27/91 and 4/22/91 ) , and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on March 19, 1991 , and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated August 2, 1991 , therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplished and completed within a 26605 L period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null , void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: a. General Improvement Bond $392,000 00 of which at least $10,000.00 shall be in cash b Sidewalk Bond $ 38,000 00 of which at least $4,000 00 shall be in cash. c. Grading & Soil Erosion $ 3,600.00 (all cash) 26606 d. Entrance Markers and Landscaping $ 40,000.00 of which at least $4,000.00 shall be in cash. e. Monuments and Lot Markers $ 1 ,500.00 (all cash) and require cash payments in the total amount of $51 ,186 00 provided, however, that the $25,000.00 cash contribution for street lights may be complied with by submission of an approved irrevocable letter of credit. ) In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision A communication from the Department of Law, dated August 5, 1991 re Use of library photocopier machines by patrons and possible violation of copyright laws Council Resolution 488-91 was received and placed on file for the information of the Council . 1.1 #656-91 RESOLVED, that having considered the report and recommendation of the Council President, dated August 1 , 1991 , the Council does hereby authorize the purchase of a Fujitsu Dex 530 Ink Jet Facsimile Machine for a total price of $1 ,588.00, a one-year service agreement for a price of $190.00, and a surge protector for $24.00 from TPS, 15000 Charlevoix, Grosse Pointe Park, MI 48230, for use and operation in the Council Office, the action taken herein being taken for the reasons indicated in the aforesaid communication. #657-91 RESOLVED, that having considered an application from Margaret Pulgine, 19497 Ingram, Livonia, Michigan dated August 8, 1991 , requesting permission to close St. Martin, between Parker and Ingram, on Saturday, August 24, 1991 , between 2:00 p.m. until 12:00 a.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #658-91 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5. 2934; MCLA 125. 584) , as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, September 23, 1991 at 7 30 P M. at the City Hall , 33000 Civic Center 26607 tom Drive, Livonia, Michigan with respect to the following item• Petition 91-6-1-15, submitted by Americo Ciatti , for a change of zoning on property located south of Vassar Avenue between Middlebelt and Parkville in the Southeast 1/4 of Section 1 from R-1 to R-6 (One Family Residential - 60' x 120' lots to Two Family Residential ) the City Planning Commission in its resolution 8-129-91 having recommended to the City Council that Petition 91-6-1-15 be approved, FURTHER, THE City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution lime A roll call vote was taken on the foregoing resolutions with the following result. AYES• Feenstra, Toy, Bishop, Taylor and Jurcisin. NAYS: None. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #659-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated August 12, 1991 , and submitted pursuant to Council Resolution 558-91 in connection with a communication from the City Engineer dated June 17, 1991 , approved for submission by the Mayor, with regard to revised Detroit Edison street lighting rates which provide for increased municipal street lighting rates effective January 1 , 1991 , the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilwoman Toy, ILw and unanimously adopted, it was 26608 #660-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated August 14, 1991 , submitted pursuant to Council Resolution 520-91 , in connection with a communication from the City Planning Commission dated May 10, 1991 , which transmits its resolution 4-84-91 , adopted by April 30, 1991 , with regard to a Sign Permit Application submitted by Classic Canopy on behalf of Cantoro Market for a new awning sign at 19710 Middlebelt Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same conditions set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #661-91 RESOLVED, that the Council does hereby refer to the Legislative Committee for its report and recommendation the matter of the methodology which pertains to the computation of signage area on canopy signs. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 91-3-3-1 ) A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Feenstra, Toy, Bishop, Taylor and Jurcisin. NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition lw. 91-3-3-2) 26609 Ism A roll call vote was taken on the foregoing Ordinance with the following result. AYES Feenstra, Toy, Bishop, Taylor and Jurcisin. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE AMENDING SECTION 23 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 91-4-1-8) A roll call vote was taken on the foregoing Ordinance with the following result: ihmAYES Feenstra, Toy, Bishop, Taylor and Jurcisin NAYS. None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #662-91 RESOLVED, that having considered a communication from the City Assessor, dated June 26, 1991 , approved for submission by the Mayor, with regard to a request submitted by Mr. Ronald Borkowski , P.0 Box 52232, Livonia, Michigan 48152, and having also considered a communication from Mr Borkowski dated August 8, 1991 , 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 determine to deny the request for dividing Tax Item 46 046 99 0113 000 into two parcels since the same would be in violation of the City' s Zoning Ordinance and Law, as well as for the reason that the proposed lot split to would not be consistent with good planning and zoning practice. 26610 On a motion by Councilman Feenstra, seconded by Councilman Taylor, ifts it was RESOLVED, that having considered a communication from the City Assessor, dated July 9, 1991 , approved for submission by the Mayor, with regard to a request from Mr. Fares Warra, 43741 Gatehouse Court, Canton, Michigan 48187, 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 determine to deny the request for dividing Tax Item 46 140 01 0112 000 (includes Lot 113) into two parcels, since the same would be in violation of the City' s Zoning Ordinance and Law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice. On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was #663-91 RESOLVED, that having considered a communication from the City Assessor, dated July 9, 1991 , approved for submission by the Mayor, with regard to a request submitted by Mr Fares Warra, 43741 Gatehouse Court, Canton, Michigan 48187 for the 160 proposed division of Tax Item 46 140 01 0112 000 (includes Lot 113) into two parcels, 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 resolution to refer with the following result: AYES• Feenstra, Toy, Bishop, Taylor and Jurcisin NAYS: None The President declared the referral resolution adopted On a motion by Councilman Feenstra, seconded by Councilwoman Toy, it was RESOLVED, that having considered a communication from the City Assessor, dated July 10, 1991 , approved for submission by the Mayor, with regard to a request from Mr Michael Salemi , 20345 Melvin, 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 1110, determine to deny the request for dividing and combining Tax Item Nos 46 005 01 0176 000 and 46 005 01 0177 000 into two parcels since the same would be in violation of the City' s 26611 Zoning Ordinance and Law, as well as for the reasons that the Lproposed lot split would not be consistent with good planning and zoning practice. On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #664-91 RESOLVED, that having considered a communication from the City Assessor, dated July 10, 1991 , approved for submission by the Mayor, with regard to a request from Mr Michael Salemi , 20345 Melvin, Livonia, Michigan 48152 for dividing and combining Tax Item Nos, 46 005 01 0176 000 and 46 005 01 0177 000 into two parcels, the Council does hereby determine to refer this item to the next Regular Meeting to be conducted on August 29, 1991 . A roll call vote was taken on the resolution to refer with the following result: AYES: Feenstra, Toy, Bishop, Taylor and Jurcisin. NAYS: None The President declared the referral resolution adopted. N�~ On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #665-91 RESOLVED, that having considered the report and recommendation of the Finance Director, dated July 15, 1991 * approved for submission by the Mayor, with regard to the financing required in connection with the construction of an underground sprinkler system at the Idyl Wyld Golf Course pursuant to Council Resolution 414-91 , and wherein authority is requested to negotiate the best available rate for the borrowing of the total contract price for the underground sprinkler system at Idyl Wyld Golf Course with any and all lending and investment firms, the Council does hereby concur in and approve of such action On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #666-91 RESOLVED, that having considered the report and recommendation of the Finance Director, dated July 15* 1991 , approved for submission by the Mayor, with regard to the financing required in connection with the construction of an 26612 underground sprinkler system at the Idyl Wyld Golf Course pursuant to Council Resolution 414-91 , and wherein authority is requested to negotiate the best available rate for the borrowing of the total contract price for the underground sprinkler system at Idyl Wyld Golf Course with any and all lending and investment firms, the Council does hereby refer this item to the Finance and Insurance Committee for its report and renommeOdatiOO. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #667-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 7, 1991 , approved by the Director of Finance and approved for submission by the Mayor, with regard to implementing composting services required to comply with the Compost/Yard Waste Public Act 264, and having also considered a supplemental communication from the Director of Public Works dated August 12, 7991 , the Council does hereby authorize the employment of Compost Systems, Inc , 43703 Michigan Avenue, Canton, Michigan 48188, to provide yard waste composting services at the tipping rate of $4,30 per cubic yard, for the period from September 9, 1991 to April 1 , 1992, FURTHER, the Council does hereby appropriate a sum L -nVt tV eXc8gd t45,000.00 frOm the Un8xpended FUDd 8alancg Vf the Recycling/Composting Millage Fund to Account 205-527-818 030, and the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04 140 D. 5 of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with respect to this matter and to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #668-91 RESOLVED, that having considered a communication from the City Planning Commission, dated August 5, 1991 , which transmits its resolution 7-118-91 , adopted on July 23, 1901 , with regard to Petition 91-5-2-14, submitted by Michael S. Downes & Associates, requesting waiver use approval to construct a single family cluster development on property located on the west side of Harrison Avenue between Five Mile Road and Broadmoor Avenue in the Southwest 1/4 of Section 13, which property is zoned R-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition L 91-5-2-14 is hereby approved and granted; such approval to 26613 be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, except that the approved site plan shall be revised so as to delete the sidewalks and to add thereto the sidewalk system as shown on a previously submitted site plan marked Sheet 1 dated 7-9-91 , as revised, prepared by Michael S. Downes & Associates, architects, FURTHER, the approval herein is conditioned upon the developer making every effort possible to have the mailboxes dispersed throughout the site A roll call vote was taken on the foregoing resolution with the following result AYES: Feenstra, Taylor and Jurcisin NAYS: Toy and Bishop. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #669-91 RESOLVED, that having considered a communication from the City Planning Commission, dated August 5, 1991 , which ii• transmits its resolution 7-122-91 , adopted on July 23, 1991 , with regard to Petition 91-6-2-17, submitted by S.D Joshi requesting waiver use approval to construct an Arby' s restaurant on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 91-6-2-17 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, FURTHER, the approval herein shall not be construed as constituting approval of signs in that any signs to be installed shall require the specific approval of the City Council On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #670-91 RESOLVED, that having considered a communication from the Department of Law, dated August 6, 1991 , submitted pursuant to Council Resolution 624-91 , transmitting for Council acceptance a grant of easement dated August 1 , 1991 , executed by Marilyn H Dobie and Allen H Wagenschutz, co-trustees, on behalf of Estelle Wagenschutz, to the City for The South 20 feet of the following described parcel 26614 Outlot A of Denmar Estates Subdivision, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, as recorded in Liber 87, Pages 40, 41 and 42 of Wayne County Records (Tax Parcel 032-01-0278-000) the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid grant of easement and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilman Feenstra, seconded by Councilman Bishop, it was #671-91 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 1991 , which sets forth its resolution 4-82-91 , adopted on April 30, 1991 with regard to Petition 91-2-1-4, submitted by the City Planning Commission on its own motion for a change of zoning on property located on the south side of Five Mile Road between Hubbard Road and Fairfield Avenue in the Northwest 1/4 of Section 22, 160 from C-2 to OS, and the Council having conducted a public hearing with regard to this matter on July 22, 1991 , pursuant to Council Resolution 443-91 , the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 91-2-1-4 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 Feenstra, Bishop, Taylor and Jurcisin NAYS Toy The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #672-91 RESOLVED, that the Council does, in accordance with Section 23 01 (a) of the Livonia Code of Ordinances, request 26615 that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation to Council on the question of whether or not certain property located on the Northeast corner of Bretton Avenue and Middlebelt Road in the Southwest 1/4 of Section 1 should be rezoned from OS to R-2. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #673-91 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 1991 , which sets forth its resolution 4-71-91 , adopted on April 30, 1991 , with regard to Petition 91-3-1-7, submitted by the City Planning Commission, pursuant to Council Resolution 46-91 , for a change of zoning on property located on the northeast corner of Bretton Avenue and Middlebelt Road in the Southwest 1/4 of Section 1 , from OS to RUF, and the Council having conducted a public hearing with regard to this matter on July 22, 1991 , pursuant to Council Resolution 443-91 , the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 91-3-1-7 is hereby denied for the same reasons as those set forth in the aforesaid action of the Planning LI Commission On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #674-91 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 1991 , which sets forth its resolution 4-73-91 adopted on April 30, 1991 with regard to Petition 91-4-1-9, submitted by B & K Development, Inc , for a change of zoning on property located on the north side of Plymouth Road west of Newburgh Road in the Southeast 1/4 of Section 30 from RUF to R-1 , and the Council having conducted a public hearing with regard to this matter on July 22, 1991 , pursuant to Council Resolution 443-91 , the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 91-4-1-9 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 On a motion by Councilman Taylor, seconded by Councilwoman Toy, 26616 I. and unanimously adopted, it was #675-91 RESOLVED, that the Council does hereby request that the Engineering Department submit a report and recommendation with regard to right-of-way on the North side of Plymouth Road West of Newburgh Road in the Southeast 1/4 of Section 30. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #676-91 RESOLVED, that the Council does hereby request that the Mayor submit a report and recommendation with regard to the matter of prohibited uses which may exist on Grantland Avenue West of Newburgh Road. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #677-91 RESOLVED, that having considered a communication from lip the City Planning Comrission, dated May 16, 1991 , which sets forth its resolution 5-83-91 adopted on May 14, 1991 with regard to Petition 91-4-1-12, submitted by the City Planning Commission pursuant to Council Resolution 141-91 for a change of zoning on property located on the northeast corner of Clarita and Melvin Avenues in the Northeast 1/4 of Section 11 from R-7 to R-2, and the Council having conducted a public hearing with regard to this matter on July 22, 1991 , pursuant to Council Resolution 443-91 , the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 91-4-1-12 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. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #678-91 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated July 22, 1991 , L approved for submission by the Mayor and the Finance Director, the Council does, for and on behalf of the City of Livonia, 26617 hereby accept a play structure at Devon-Aire Park donated by Friends of Livonia Parks and Recreation, which has an estimated value in excess of $4,000.00 as well as a cash donation of $1 ,200.00 from the Livonia Junior Football League to be used for the Ford Field Press Box Control Building. On a motion by Councilwoman Toy, seconded by Councilman Feenstra, and unanimously adopted, it was #679-91 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 26, 1991 , approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept a cash donation of $44 00 from the Plymouth Community United Way, the same to be appropriated and deposited in Account 702-000-285-215 for use in the Livonia Youth Assistance Program. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #680-91 RESOLVED, that having considered a communication dated August 8, 1991 , from the Department of Law transmitting for Council acceptance one Grant of Easement, more particularly described as Grant of Easement dated August 5, 1991 , executed by Joseph P. Durso, President, Raintree Construction Co. , a Michigan Corporation, for Part of the Southwest 1/4 of Section 15, T 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as beginning at the Southeast corner of Lot 79 of Brightmoor Home Acres Subdivision, Liber 51 , Page 1 , Wayne County Records and proceeding thence due West along the south line of said Lot 79, 137.78 feet, thence North 00 degrees 04 minutes 00 seconds West along the west line of said Lot 79, 14 0 feet; thence South 79 degrees 43 minutes 27 seconds East 44.85 feet, thence due East 50.00 feet, thence North 79 degrees 36 minutes 33 seconds East 44 35 feet; thence South 00 degrees 10 minutes 30 seconds East along the east line of said Lot 79, also being the west line of Loveland Avenue, 50 feet wide, 14 0 feet to the point of beginning (Part of Tax Parcel No. 059-01-0079-002) the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City 1110 Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things 26618 necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #681-91 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 Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #682-91 RESOLVED, that having considered the report and recommendation of the Chief of the Livonia Division of Police, dated August 8, 1991 with regard to a request from the Michigan Liquor Control Commission, the Council hereby takes this means to indicate that it approves, above all others, the request from Dessie Victoria Castaneda (aka) Vicki Castaneda Stockholder in Old Mexico, Inc. , for a new full year Class C license for a business located at 28407 Five Mile, Livonia, MI 48154 and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A communication from the Office of the City Council , dated August 14, 1991 forwarding a landscape plan, dated July 22, 1991 (with revisions 8/13/91 ) by the Michigan National Bank, located within the Wonderland Shopping Center was received and placed on file for the information of the Council On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, this 1 ,206th Regular Meeting of the Council of the City of Livonia was adjourned at 8.48 P M. , August 19, 1991 . . lk Rob. çt F Nash, Ci y Clerk