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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-01-16 26245 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETY SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 16, 1991 , 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 01 P M Councilman Taylor delivered the invocation Roll was called with the following result Present Laura Toy, Robert R Bishop, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P Feenstra and Joan McCotter, absent None Elected and appointed officials present Robert F Nash, City Clerk, Harry Tatigian, City Attorney, John Nagy, Planning Director, Raul Galindo, City Engineer, David Preston, Director of Finance, Karen Szymula, Director of Legislative Affairs, Ronald R Reinke, Superintendent of Parks and Recreation and James Inglis , Housing Director On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted*, it was 11-91 RESOLVED, that the minutes of the 1 ,191st Regular Meeting of the Council of the City of Livonia, held December 19, 1990 are hereby approved. *Council President McCotter abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04.190B of the Livonia Code of Ordinances. A communication from the Mayor, dated December 4, 1990, forwarding the Annual Report for the 1989-90 Fiscal Year was received and placed on file for the information of the Council . On a motion by Councilman Feenstra, seconded by Councilman Bishop, it was 26246 A communication from the Secretary/Treasurer of the Madonna College Boosters' Club, dated December 18, 1990 re the Homecoming Carnival to be held May 2, 1991 through May 5, 1991 was received and placed on file for the information of the Council #2-91 RESOLVED, that having considered the report and recommendation of the Fire Chief dated December 11 , 1990, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Allie Brothers, 20295 Middlebelt Road, Livonia, Michigan 48152 for supplying the Division of Fire with 75 uniform shirts and pants for a total price of $4,125 00, the same having been in fact the lowest bid received and meets all specifications #3-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated December 11 , 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept 110 the unit price bid of Westland Tree Service, 41307 Five Mile Road, Plymouth, Michigan 48170, for the 1991 Tree and Stump Removal Program, for the estimated total cost of $21 ,000.00, based upon the Department of Public Works 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. #4-91 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated December 17, 1990, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Robertson Brothers Service, Inc. , 3190 Haggerty Road, West Bloomfield, MI 48322, for the opening and closing of the City's swimming pools for the 1991 season, for a total price of $4,075.00, the same having been in fact the lowest bid received and meets all specifications. #5-91 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated December 17, 1990, approved by the Finance Director and 26247 approved for submission by the Mayor, the Council does hereby accept the bid of Robertson Brothers Service, Inc , 3190 Haggerty Road, West Bloomfield, Michigan 48322, for remarcite of Clements Circle Pool for the 1991 season for the total price of $24,300 00, the same having been in fact the lowest bid received and meets all specifications #6-91 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated December 17, 1990, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Town & Country Pools, Inc. , 3773 E Morgan, Ypsilanti , Michigan 48197, for supplying the Parks and Recreation Department with chlorine for the City' s pools for the 1991 season at the unit price of $ 90 per gallon in five gallon carboys and a total estimated price of $9,000 00, the same having been in fact the lowest bid received and meets all specifications #7-91 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated December 17, 1990, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Robertson Brothers Service, Inc , 3190 Haggerty lip Road, West Bloomfield, Michigan 48322, for the removal and replacement of the pool heater for the Botsford Pool for a total price of $9,700 00, the same having been in fact the lowest bid received and meets all specifications. #8-91 RESOLVED, that having considered a letter from the Friends of Livonia Parks and Recreation dated December 26, 1990, wherein permission is requested to conduct the third annual "Tee-It-Up For Trees" outing to be held at Whispering Willows Golf Course on Wednesday, June 12, 1991 , the purpose of which is to raise funds for the benefit of all three City-owned golf courses, and wherein Council approval is requested with respect to a waiver of fees in connection with this activity, the Council does hereby concur in and approve of such action. #9-91 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 4, 1990, approved by the Director of Finance and approved for submission by the Mayor and which transmits its resolution WS 2889 5/90 wherein it is requested that Section 13.08.350.A of the Livonia Code of Ordinances be amended with respect to water bills overdue on rental properties, the Council does hereby refer this item to the Department of Law for the preparation of an appropriate ordinance amendment for submission to City Council . #10-91 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 4, 1990, approved by the Director of Finance and approved for submission by the 26248 Mayor and which transmits its resolution WS 2895 7/90 wherein it is requested that Section 13.08 070 of the Livonia Code of Ordinances be amended with respect to water main debt rate, the Council does hereby refer this item to the Department of Law for the preparation of an appropriate ordinance amendment for submission to City Council #11-91 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 4, 1990, approved by the Director of Finance and approved for submission by the Mayor and which transmits its resolution WS 2896 7/90 wherein it is requested that Section 13.20 070 of the Livonia Code of Ordinances be amended with respect to connection rates for buildings -- payment time and method, the Council does hereby refer this item to the Department of Law for the preparation of an appropriate ordinance amendment for submission to City Council #12-91 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 4, 1990, approved by the Director of Finance and approved for submission by the Mayor and which transmits its resolution WS 2894 7/90 wherein it is requested that Section 13.20 090 and 13.20. 100 of the Livonia Code of Ordinances be amended with respect to service rates for commercial , multiple dwelling and industrial users, the Council does hereby refer this item to the Department of Law for the preparation of an appropriate ordinance amendment for submission to City Council . #13-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 6, 1990, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached a letter from the Engineering Division of the Wayne County Department of Public Services which notifies the City of Livonia that a project is proposed for the resurfacing of Middlebelt Road from Five Mile Road to Six Mile Road and the reconstruction of the structure which carries Middlebelt Road over Bell Creek for the 1991 construction season, the total cost for this project being estimated at $726,000.00, with the City of Livonia participation being estimated at $130,390.00, the Council takes this means to indicate that it agrees to (1 ) City participation in the project cost and (2) the City's intent to have the Mayor and City Clerk execute a tri-party agreement with the State and County at such time as the original agreement is received from the County Executive; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Department of Public Services, Attention Division Design Engineer. 114-91 RESOLVED, that having considered the report and recommendation of the Planning Director dated December 18, 26249 1990, approved for submission by the Mayor and submitted pursuant to Council Resolution 1074-90 with regard to the proposed vacating of Parcel FF1 , which is located between Westmore and Shadyside, north of Seven Mile Road in the Westmore Subdivision, the Council does hereby determine to take no further action. 115-91 RESOLVED, that having considered a communication from the City Engineer, dated December 7, 1990, approved for submission by the Mayor, to which are attached lists of sidewalks requiring installation, repair and/or replacement within miscellaneous locations throughout the City of Livonia, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install , repair, or to remove and replace sidewalk at such premises, to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1 , 1991 , after which date the Engineering Department shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City' s responsibility, and FURTHER, the Engineering Department is hereby authorized to finalize plans and specifications and arrange for the taking of bids for the 1991 Sidewalk Program, which program will include all required work which has not been completed by private property owners by June 1 , 1991 A communication from the City Clerk, dated December 10, 1990 re Livonia Public Schools 1991 Summer & Winter Tax Levy Rates was received and placed on file for the information of the Council . A communication from the City Clerk, dated January 2, 1991 re Oakland Schools was received and placed on file for the information of the Council . A communication from the Department of Law, dated December 17, 1990 re Revision of Sublease Agreement for Fox Creek Clubhouse Restaurant was received and placed on file for the information of the Council . #16-91 RESOLVED, that having considered the report and Lrecommendation of the City Clerk, dated November 22, 1990, to which is attached a letter from The Observer & Eccentric Newspapers dated December 28, 1990, the Council does hereby 26250 designate The Observer & Eccentric Newspapers, Inc. , Division of Suburban Communications Corporation, 36251 Schoolcraft Road, Livonia, Michigan 48150, as the official newspaper of the City of Livonia, for the period January 1 , 1991 through December 31 , 1991 , further, the Council does hereby approve and authorize the publishing of legal notices in The Observer & Eccentric Newspaper, for the price of $6 30 per column inch, based on the present 6 column format, effective January 1 , 1991. 117-91 WHEREAS, pursuant to the direction of the City Council in its resolution 1106-90, adopted on December 5, 1990, 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 7 , 1990 an assessment roll dated December 7, 1990 for the road improvement consisting of a 27 foot wide concrete pavement with integral curbs and gutters (Alternate I - modified) on Sunset (Seven Mile to Clarita) and Clarita (Bainbridge to Sunset) located in the Northwest 1/4 of Section 11 , City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 1106-90, lipTHEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council , that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3.08. 110 of the Livonia Code of Ordinances, as amended,to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, February 27, 1991 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 27, 1991 ; 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 1160. office. 26251 #18-91 WHEREAS, pursuant to the direction of the City Council in its resolution 1097-90, adopted on December 5, 1990, 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 7, 1990 an assessment roll dated December 7, 1990 for the road improvement consisting of either a 28 foot wide full-depth asphalt pavement with mountable curbs (Alternate III ) or placement of approximately 4 inches of asphalt over existing roadway (Alternate IV) on Floral and Lathers located in the Southeast 1/4 of Section 12, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 1097-90, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council , that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08. 110 of the Livonia Code of Ordinances, as amended ,to wit that the assessment roll has been made and filed in the office of the City Clerk iwn 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 27, 1991 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 27, 1991 ; 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. #19-91 WHEREAS, pursuant to the direction of the City Council in its resolution 1108-90, adopted on December 5, 1990, 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 7, 1990 an assessment roll dated December 7, 1990 L for the road improvement consisting of placement of approximately 4 inches of asphalt over existing roadway (Alternate IV) on Hoy and Melvin located in the Northeast 1/4 of Section 23, 26252 City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 1108-90, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council , that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended,to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, February 27, 1991 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 27, 1991 , 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. 120-91 RESOLVED, that having considered a communication dated December 18, 1990 from Ball & Cue 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 11 , 1990 by the City Planning Commission in its resolution 12-507-90 with regard to Petition 90-10-2-33 submitted by Ball & Cue requesting permission to utilize a tavern license in connection with an existing billiard room as waiver use on property zoned C-2 and located on the north side of Joy Road between Harrison and Thorpe in the Southeast 1/4 of Section 36, the Council does hereby designate Wednesday, February 13, 1991 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 Iro 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. 26253 #21-91 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 Wednesday, February 27, 1991 at 7 30 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan with respect to the following item Petition 90-11-1-29, submitted by Carolyn Fullwood for a change of zoning on property located on the northwest corner of Middlebelt and Munger in the Northeast 1/4 of Section 14 from OS to C-1 , the City Planning Commission in its resolution 12-502-90 having recommended to the City Council that Petition 90-11-1- 29 be denied, FURTHER, THE City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed 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. 122-91 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 Wednesday, March 13, 1991 at 7:30 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan with respect to the following item: (1 ) Petition 90-11-1-30, submitted by ACO Development for D.S. Nair for a change of zoning on property located on the north side of Seven Mile Road between Gill Road and Gary Lane in the Southwest 1/4 of Section 4 from RUFB to R-3, the City Planning Commission 1161. in its resolution 12-503-90 having recommended to the City Council that Petition 90-11-1-30 be approved; 26254 (2) Petition 90-11-1-31 , submitted by Dominic Soave for a change of zoning on property located on the east side of Newburgh Road north of Seven Mile Road in the Southwest 1/4 of Section 5 from RUFC to C-1 , the City Planning Commission in its resolution 12-504- 90 having recommended to the City Council that Petition 90-11-1-31 be denied, FURTHER, THE City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed 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 A roll call vote was taken on the foregoing resolutions with the following result ihw AYES Taylor, Jurcisin, Ochala, Feenstra, Toy, Bishop and McCotter NAYS: None. On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was 123-91 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated January 7, 1991 with regard to the proposed Senior Housing Complex for a 120 unit development on certain City-owned land located on the west side of Newburgh Road between between Amrhein Road and Plymouth Road (Newburgh Village) , and having also considered the report and recommendation of the Executive Director of the Housing Commission dated January 4, 1991 , approved for submission by the Mayor, the Council does hereby determine to approve the building elevation and floor plans in the manner and form herein submitted. 26255 On a motion by Councilman Jurcisin, seconded by Councilman Taylor, 1L• and unanimously adopted, it was 124-91 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated January 7, 1991 with regard to the proposed Senior Housing Complex for a 120 unit development on certain City-owned land located on the west side of Newburgh Road between Amrhein Road and Plymouth Road (Newburgh Village) , and having also considered the report and recommendation of the Executive Director of the Housing Commission dated January 4, 1991 , approved for submission by the Mayor, the Council does hereby approve naming the street within Newburgh Village "Capitol Court" , and directs the Department of Public Works to take all necessary action to effectuate this resolution , further, the Council does hereby request the City Clerk to forward a certified copy of this resolution recorded in the Office of the Wayne County Register of Deeds, together with his certificate indictating the name or names of any plat, subdivision or addition affected by this resolution, as well as do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Bishop, seconded by Councilman Jurcisin, 11, and unanimously adopted, it was #25-91 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated January 7, 1991 with regard to the need for repair of the ceiling in the Council Chambers which has been caused by frozen drains, the Council does hereby request that the consultant for roofs at the Devon-Aire Ice Rink and Library submit a report and recommendation. Councilman Feenstra took from the table, for second reading and adoption, following Ordinance. AN ORDINANCE AMENDING TITLE 6 (ANIMALS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 06 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result• AYES: Jurcisin, Ochala, Feenstra, Bishop and McCotter. NAYS: Taylor and Toy. thw The President declared the foregoing Ordinance duly adopted, and would become 26256 ffective on publication On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #26-91 RESOLVED, that having considered a letter from the Mayor, dated January 16, 1991 wherein it is directed that the proposed cat ordinance be modified so as to eliminate Section 6 06 150 with regard to cats running at large as well as to modify Section 6 06 070 with respect to licensing fees, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Councilman Ochala gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 90-9-3-9) Tie foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated lerein The above Ordinance was placed on the table for consideration at the next regular meeting Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 31 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. (Petition 90-8-1-19) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting. top Councilman Feenstra gave first reading to the following Ordinance: 26257 Imp AN ORDINANCE AMENDING SECTION 2 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. (Petition 90-8-1-20) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting. On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #27-91 RESOLVED, that having considered a communication from the City Planning Commission dated December 18, 1990, which transmits its resolution 12-514-90 adopted on December 11 , 1990, with regard to a sign permit application submitted by Michigan National Bank requesting approval to erect two wall signs on a building located at 37276 Six Mile, 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 condition set forth in the aforesaid action of the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was RESOLVED, that having considered a communication from the City Planning Commission dated December 20, 1990, which transmits its resolution 12-515-90, adopted on December 18, 1990 with regard to a Sign Permit Application submitted by Detroit-Detroit Inc. on behalf of Livonia Travel requesting approval for two awning signs to be located at 29225 W. Seven Mile Road, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilwoman Toy, seconded by Councilman Ochala, 't was RESOLVED, that the Council does hereby determine to substitute, in lieu of the foregoing resolution, a resolution 26258 1Lb which would approve the two awning signs requested by Detroit-Detroit Inc on behalf of Livonia Travel to be located at 29225 W. Seven Mile Road A roll call vote was taken on the motion to substitute with the following result AYES Ochala and Toy NAYS. Taylor, Jurcisin, Feenstra, Bishop and McCotter. The President declared the motion to substitute denied. A roll call vote was taken on the original resolution with the following result 128-91 RESOLVED, that having considered a communication from the City Planning Commission dated December 20, 1990, which transmits its resolution 12-515-90, adopted on December 18, 1990 with regard to a Sign Permit Application submitted by Detroit-Detroit Inc on behalf of Livonia Travel requesting approval for two awning signs to be located at 29225 W Seven Mile Road, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation AYES Taylor, Jurcisin, Ochala, Feenstra, Toy, Bishop and McCotter NAYS None. The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #29-91 RESOLVED, that having considered a communication from the City Planning Commission, dated December 18, 1990, which transmits its resolution 12-511-90 adopted on December 11 , 1990 with regard to Petition 90-11-8-18 submitted by Joseph J. Weiss, requesting site plan approval in connection with a proposal to renovate the exterior of an existing building on the west side of Farmington between Seven Mile and Clarita in Section 9, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 90-11- 8-18 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. lbw On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was 26259 #30-91 RESOLVED, that having considered the report and recommendation of the Law Department dated December 5, 1990, approved for submission by the Mayor and submitted pursuant to Council Resolution 818-90 in connection with a letter from Mr. K.R. Evans, 18871 Gary Lane, Livonia, Michigan 48152, dated August 28, 1990, wherein a request is submitted for the opportunity to purchase certain City-owned property located at 30330 and 30340 Six Mile Road, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #31-91 RESOLVED, that having considered the report and recommendation of the Law Department dated December 5, 1990, approved for submission by the Mayor and submitted pursuant to Council Resolution 818-90 in connection with a letter from Mr K. R Evans, 18871 Gary Lane, Livonia, Michigan 48152, dated August 28, 1990, wherein a request is submitted for the opportunity to purchase certain City-owned property located at 30330 and 30340 Six Mile road, the Council does hereby refer this matter back to the Department of Law for a new report and recomrendation which should be based upon the petitioner securing a qualified real estate appraisal . On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #32-91 RESOLVED, that having considered the report and recommendation of the Director of Finance dated December 20, 1990, approved for submission by the Mayor, and having also considered a letter from the City Treasurer dated January 2, 1991 the Council , in accordance with Chapter VII, Section 11 of the City Charter, does hereby approve and designate as a depository for funds of the City of Livonia, First of America Bank-Plymouth, N.A. , 33505 Schoolcraft, Livonia, Michigan 48150. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was L 133-91 RESOLVED, that having considered the report and recommendation of the Director of Finance dated December 20, 1990, approved for submission by the Mayor, and having also 26260 160, considered a letter from the City Treasurer dated January 2, 1991 the Council , in accordance with Chapter VII , Section 11 of the City Charter, does hereby approve and designate as a depository for funds of the City of Livonia, First of America Bank-Southeast Michigan , N A , 33523 West Eight Mile Road, Livonia, Michigan 48152 A communication from the License Administrator of DRT Sportservice, Inc , dated December 11 , 1990 re Detroit Race Course City Restaurant License Corporate Name Change was received and placed on file for the information of the Council On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #34-91 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 29, 1990, and the report and recommendation of the Chief of Police, dated December 18, 1990, with respect to the request from Cary William Levy and Alan Stotsky, stockholders in Stotsky Assets 101 , Inc , to transfer ownership of 1990 SDD-SDM licensed business from top Royal Fairlane Drugs, Inc for a business located at 37290 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #35-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated January 4, 1991 , approved as to form by the City Attorney and approved for submission by the Mayor, with regard to a license renewal application to be submitted to the Michigan Department of Natural Resources and the necessity of imposing a restrictive covenant upon land utilized for a Type III sanitary landfill located on Glendale Avenue in the City of Livonia and which is based upon a revised legal description which encompasses 13.31 acres, the legal description of which is as follows: That part of the N.W. 1/4 of Section 27, T.1S. , R. 9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N.00°06'20"E. , 537.05 ft. from the center of trow Section 27; thence N.0°06'20"E. , 1297.01 ft. ; thence N. 89°35'30"W. , 290 ft. ; thence S.0°06'20"W. , 884.08 ft. ; thence N. 89°53'40"W. , 500.00 ft. ; thence S.0°06'20"W. , 405.00 ft. ; 26261 16. thence 5.89°12130"E. , 790.05 ft. to the point of beginning. (13.31 acres) the Council does hereby authorize the Mayor and City Clerk to execute the necessary restrictive deed covenant based upon the revised legal description set forth above in behalf of the City of Livonia. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #36-91 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 352, more particularly described in Council Resolution 887-90 adopted on September 24, 1990, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances , as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Caliburn Estates Subdivision No 1 in the Northwest 1/4 of Section 8, in said Special Assessment District No 352, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100 watt high pressure sodium street lights with underground wiring and colonial post tops in Caliburn Estates Subdivision No. 1 located in the Northwest 1/4 of Section 8, and that the assessments set forth in said Special Assessment District No. 352 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , said Special Assessment Roll No. 352 based on installation of 100 watt high pressure sodium street lights with underground wiring on colonial post tops is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll , and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was 26262 #37-91 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 353, more particularly described in Council Resolution 888-90 adopted on September 24, 1990, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Caliburn Manor Subdivision No 1 in the Northeast 1/4 of Section 7, in said Special Assessment District No 353, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100 watt high pressure sodium street lights with underground wiring and colonial post tops in Caliburn Manor Subdivision No 1 located in the Northeast 1/4 of Section 7, and that the assessments set forth in said Special Assessment District No. 353 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , said Special Assessment Roll No. 353 based on installation of 100 watt high pressure sodium street lights with underground wiring on colonial post ths. tops is hereby approved and confirmed in all respects , pursuant to the provisions of Section 3.08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll , and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was 138-91 RESOLVED, that having considered a communication from the City Planning Comwission, dated September 21 , 1990, which sets forth its resolution 9-444-90 adopted on September 18, 1990, with regard to Petition 90-8-2-27 submitted by Angelo D'Orazio requesting waiver use approval to operate a limited service restaurant (Polo Yogurt Cafe) within the Stamford Plaza Shopping Center located on the south side of Seven Mile Road between Myron and Whitby Streets in the Northeast 1/4 of Section 9, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on December 17, 1990, pursuant to Council Resolution 924-90, the Council does 26263 hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #39-91 RESOLVED, that having considered a communication from the City Planning Commmission dated November 1 , 1990, which sets forth its resolution 10-475-90 adopted on October 16, 1990, with regard to a permit application submitted by Anthony J. Brooks for a satellite disc antenna on property located at 14545 Richfield in Section 19, and the Council having conducted a Public Hearing on December 17 , 1990, pursuant to Council Resolution 1019-90, the Council does hereby concur in the recommendation of the City Planning Commission and the said permit application is hereby denied for the same reasons as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Feenstra, seconded by Councilman Ochala, 16. it was #40-91 RESOLVED, that having considered a communication from the City Planning Commission dated October 25, 1990, which sets forth its resolution 10-476-90 adopted on October 16, 1990, with regard to a permit application submitted by Ronald Wisniewski for a satellite disc antenna on property located at 9497 Patton in Section 31, and the Council having conducted a Public Hearing on December 17, 1990, pursuant to Council Resolution 1020-90, the Council does hereby concur in the recommendation of the City Planning Commission and the said permit application is hereby denied for the same reasons as those set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala, Feenstra, Bishop and McCotter. NAYS: Jurcisin and Toy. The President declared the resolution adopted. Councilwomen Toy left the podium at 8:43 P.M indicating she was a member of the tw, Italian American Club of Livonia. 26264 LipOn a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #41-91 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1990, which sets forth its resolution 10-465-90 adopted on October 16, 1990 with regard to Petition 90-8-1-22, submitted by Charles Tangora for Italian Club of Livonia and Dan Arnold for a change of zoning on property located on the north side of Five Mile Road, east of the I-275 Freeway in the Southwest 1/4 of Section 18, from RE to C-2, and the Council having conducted a public hearing with regard to this matter on December 17, 1990, pursuant to Council Resolution 1022-90, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 90-8-1-22 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 ILCouncilwoman Toy returned to the podium at 8 47 P M. On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #42-91 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1990, which sets forth its resolution 10-473-90 adopted on October 16, 1990 with regard to Petition 90-4-1-11 , submitted by the City Planning Commission for a change of zoning on property located on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23 from M-1 and RUFA to ML and R-1 , and the council having conducted a public hearing with regard to this matter on January 9, 1991 , pursuant to Council Resolution 1021-90, the Council does hereby concur in the recommendation of the Planning Commission and the portion of this petition proposing a zoning change from M-1 to ML 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 1160 resolution. 26265 On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #43-91 RESOLVED, that the Council does hereby request that the Department of Inspection submit a report and recommendation with regard to the need for clean up as well as future enforcement of ML regulations with respect to certain property located south of Five Mile Road between Bainbridge Avenue and Henry Ruff Road, with special attention to any illegal waste disposal on this site. On a motion by Councilman Feenstra , seconded by Councilman Taylor, and unanimously adopted, it was 144-91 RESOLVED, that the Engineering Department is hereby requested to submit a report and recommendation with regard to the status of public utility improvements for Lots 1 , 2 and 3 of the Green Acres Subdivision. On a motion by Councilman Feenstra, seconded by Councilman Ochala, t. and unanimously adopted, it was #45-91 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1990, which sets forth its resolution 10-466-90 adopted on October 16, 1990, with regard to petition 90-9-1-23, submitted by Jerry Brady for A. DelGuidice for a change of zoning on property located on the northeast corner of Bretton and Middlebelt in the Southwest 1/4 of Section 1 , from OS to C-1 , and the Council having conducted a public hearing with regard to this matter on January 9, 1991 , pursuant to Council Resolution 1023-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-9-1-23 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #46-91 RESOLVED, that in accordance with Section 23.01(a) of Zoning Ordinance 543, the Council does hereby request that the Planning commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether or not the property located on the northeast corner of Bretton and Middlebelt in the Southwest 1/4 of Section 1 should be rezoned from OS to an appropriate residential zoning classifications. 26266 On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #47-91 RESOLVED, that the Council does hereby request that the Department of Inspection submit a report and recommendation on the condition of the residential dwellings located on Lots 447 and 448 of Carey Meadows Subdivision located on the northeast corner of Bretton and Middlebelt in the Southwest 1/4 of Section 1 as well as with respect to ordinance compliance by the shopping center located on lot 440(a) of said subdivision On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was 148-91 RESOLVED, that having considered a communication from the City Planning Commission, dated November 1 , 1990, which sets forth its resolution 10-478-90 adopted on October 30, 1990 with regard to Petition 90-10-1-25, submitted by the City Planning Commission on a proposed amendment to the comprehensive zoning map of the City of Livonia which would change the zoning designation of all property currently designated on the map as PS, Professional Service, to OS, Office Service, and the Council having conducted a public hearing with regard to this matter on January 9, 1991 , pursuant to Council Resolution 1046-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-10-1-25 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 Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #49-91 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1990, which sets forth its resolution 10-471-90 adopted on October 16, 1990 with regard to Petition 90-9-6-8, submitted by the City Planning Commission to amend various sections of Zoning Ordinance 543 tow so as to insert the zoning designation of OS in place of PS and to add reference to NP, R-C and R-8C where applicable, and the Council having conducted a public hearing with regard to 26267 this matter on January 9, 1991 , pursuant to Council Resolution 1023-90, the Council does hereby concur in the recommendation of the Planning Comrrission and the said Petition 90-9-6-8 is hereby approved and granted, and 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 Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #50-91 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1990, which sets forth its resolution 10-469-90 adopted on October 16, 1990 with regard to Petition 90-8-6-5, submitted by the City Planning Commission to amend Section 3 01 of Zoning Ordinance 543, so as to change the name of the PS district to OS and to list the three new zoning districts, NP (Nature Preserves) , R-C (Condominium Residential ) , and R-8C (High Rise Condominium Residential ) , and the Council having conducted a public hearing with regard to this matter on January 9, 1991 , pursuant to Council Resolution 1023-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 16 90-8-6-5 is hereby approved and granted, and 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 Jurcisin, seconded by Councilwoman Toy, it was 151-91 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1990, which sets forth its resolution 10-470-90 adopted on October 16, 1990 with regard to Petition 90-8-6-6, submitted by the City Planning Commission to amend Section 10.03 of the Zoning Ordinance 543 so as to provide for the addition of carry-out restaurants and limited service restaurants as waiver uses in the C-1 zoning district, and the City Council having conducted a public hearing with regard to this matter on January 9, 1991 , pursuant to Council Resolution 1023-90, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 90-8-6-6 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Jurcisin, Ochala, Toy, Bishop and McCotter. 26268 160 NAYS Feenstra. The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was 152-91 RESOLVED, that having considered a communication from the Fire Chief dated December 11 , 1990, approved by the Mayor, the Council does for and on behalf of the City of Livonia accept a cash contribution in the amount of $1 ,000 00 from the Livonia Heart Fund, the same to be deposited and credited to the Contributions/Gifts Account 457 OCO 690 010 for the purchase of medical and defibrillator supplies for emergency medical units On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 153-91 RESOLVED, that having considered a communication from listhe Director of Community Resources dated December 13, 1990, 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 $500.00 to be deposited and credited to Account 702-000-285-215 for use in the Livonia Youth Assistance Program On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, this 1 ,192nd Regular Meeting of the Council of the City of Livonia was adjourned at 8:55 P.M. , January 16, 1991 . *404141-. %144'4 Robert F. Nash, City Clerk