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HomeMy WebLinkAboutCOUNCIL MINUTES 1990-10-10I I I MINUTES OF THE ONE THOUSAND ONE HUNDRED AND EIGHTY SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 10, 1990, 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 8.00 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, Robert Beckley, Director of Public Works, Suzanne Wisler, Director of Community Resources, Gail Karczynski, Director of Administrative Services, Jeanne - reff, Director of Cable TV and Dennis Weberlein, Structural Plan Examiner. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted*, it was #913-90 RESOLVED, that the minutes of the 1,185th Regular Meeting of the Council of the City of Livonia, held September 24, 1990 are hereby approved. *Councilman Feenstra abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04 1908 of the Livonia Code of Ordinances. A communication from the Director of Finance, dated September 19, 1990 forwarding various financial statements of the City of Livonia for the month ending August 31, 1990 was received and placed on file for the information of the Council. A communication from the City Attorney, dated October 1, 1990 regarding Mt. Hope Memorial Gardens, Inc., Plaintiff v City of Livonia, Defendant, Wayne ounty Circuit Court Case No. 90-017092 CE was received and placed on file for he information of the Council. 26087 At the direction of the Chair, Item No. 9 re the proposed conversion of Bobby's Country House Restaurant to a banquet hall was taken off the Consent Agenda. it was On a motion by Councilman Taylor, seconded by Councilman Ochala, #914-90 RESOLVED, that having considered Petition 90-9-3-9 submitted by Albert Kahn Associates, Inc. on behalf of Metro Medical Group, dated September 10, 1990, wherein a request is submitted for the vacating of a public utility easement located to the east of 29200 Schoolcraft Road, Livonia, Michigan, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance. #915-90 RESOLVED, that having considered the report and recommendation of the City Engineer and the Superintendent of Parks and Recreation dated September 7, 1990, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Brown Drilling Co., Inc , 7215 E M59, Howell, Michigan 48843 for constructing an irrigation well at the Idyl Wyld Golf Course for a total price of $39,976 00, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $39,976.00 from the Idyl Wyld Golf Course Capital Improvement Fund for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as completed; 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. #916-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated September 13, 1990, approved by the Director of Finance, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of G & M Enterprises Ltd., 19614 W. Eight Mile Road, Southfield, MI 48075 for completing all sweeping required for the City's 1990 Leaf Pick -Up Program for the estimated total cost of $39,000 00, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; further, in the event the aforesaid low bidder is unable to perform the services herein authorized, the Council does hereby accept the second low unit price bid of Progressive Sweeping Contractors, Inc., 455 Terminal Road, Toledo, Ohio 43612, 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. #917-90 RESOLVED, that having considered a communication from the Livonia Arts Commission dated September 11, 1990, approved by the Finance Director and approved for submission by the Mayor, wherein it is requested that an admission fee of $7 00 per person be established to cover the costs involved for a brunch with entertainment to be conducted on Sunday, November 4, 1990, the Council does hereby concur in and approve of such action #918-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated September 13, 1990 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Lasting Impressions, 20239 W. Warren, Dearborn Heights, MI 48217, for supplying the Division of Police with 2,500 D.A R E hats for the price of $5,250 00, further, the Council does hereby accept the bid of Alley T & Gifts, 103 S. Jeffrey, Ithaca, MI 48847, for supplying the Division of Police with 2,500 D.A.R.E. T-shirts for the price of $8,972.50, and the bids received from Livonia Trophy & Screening and Seven Star, Inc. are hereby rejected for the reasons indicated in the aforesaid communication #919-90 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated September 12, 1990, approved by the Finance Director and approved for submission by the Mayor, and to which is attached an addendum to the agreement between the City of Livonia and Wayne -Metropolitan Community Services Agency for distribution of USDA commodities to low income residents, which addendum would extend the current agreement authorized in Council Resolution 353-85 to September 30, 1991, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said addendum in the manner and form herein submitted, as well as to do all things necessary or incidental to the full performance of this resolution #920-90 RESOLVED, that having considered a communication from the City Assessor, dated September 7, 1990, approved for submission by the Mayor, with regard to a request from William Kay, 29152 Grove, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, the Council does hereby approve of the proposed division of Tax Item 46 050 99 0028 000 into two parcels, the legal descriptions of which shall read as follows PARCEL "All A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 13, TOWN 1 SOUTH, RANGE 9 EAST, LIVONIA TOWNSHIP (NOW CITY OF LIVONIA), WAYNE COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13, THENCE EAST 1051 00 FEET TO A POINT THENCE SOUTH 993.14 FEET TO THE PLACE OF BEGINNING OF THE PARCEL OF LAND HEREIN CONVEYED THENCE WEST 191 35 FEET THENCE SOUTH 165.00 FEET THENCE EAST 191 35 FEET THENCE NORTH 165 00 FEET TO THE PLACE OF BEGINNING. EXCEPTING THE EAST 30 FEET AND THE SOUTH 30 FEET THEREOF, SAID AREA NOW BEING USED FOR HIGHWAY PURPOSES PARCEL "B" A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 13, TOWN 1 SOUTH, RANGE 9 EAST, LIVONIA TOWNSHIP (NOW CITY OF LIVONIA), WAYNE COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13, THENCE EAST 1051.00 FEET TO A POINT THENCE SOUTH 993 14 FEET, THENCE WEST 191.35 FEET TO THE PLACE OF BEGINNING OF THE PARCEL OF LAND HEREIN CONVEYED THENCE WEST 139 75 FEET THENCE SOUTH 165.00 FEET THENCE EAST 139 75 FEET THENCE NORTH 165 00 FEET TO THE PLACE OF BEGINNING. EXCEPTING THE SOUTH 30 FEET THEREOF, SAID AREA NOW BEING USED FOR HIGHWAY PURPOSES #921-90 RESOLVED, that having considered a communication from the City Engineer dated September 4, 1990, approved for submission by the Mayor, to which is attached a draft of a proposed "user friendly" explanation of the procedure process for special assessment districts, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. A communication from the City Clerk, dated September 19, 1990 re Clarenceville School District, Tax Levy Rates - 1990 was received and placed on file for the information of the Council #922-90 RESOLVED, that the Council does hereby request that the Committee of the Whole and the Livonia City Council/Schools Liaison Committee submit their respective reports and recommendations with regard to the topic of the City's tax collection for other taxing units (school districts) #923-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated September 21, 1990, as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to to be recorded in the cause a certified copy of this resolution Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals #921-90 RESOLVED, that having considered a communication from the City Engineer dated September 4, 1990, approved for submission by the Mayor, to which is attached a draft of a proposed "user friendly" explanation of the procedure process for special assessment districts, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. A communication from the City Clerk, dated September 19, 1990 re Clarenceville School District, Tax Levy Rates - 1990 was received and placed on file for the information of the Council #922-90 RESOLVED, that the Council does hereby request that the Committee of the Whole and the Livonia City Council/Schools Liaison Committee submit their respective reports and recommendations with regard to the topic of the City's tax collection for other taxing units (school districts) #923-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated September 21, 1990, 26090 which bears the signature of the Finance Director and is approved for submission by the Mayor and to which is attached an Anti -Drug Abuse Subcontract with regard to the Southeast Michigan Major Drug Conspiracy Investigative Unit, Federal I.D. 38-6005820 for the funding period of October 1, 1990 through September 30, 1991, the Council does hereby authorize and concur in accepting the Subcontract and continuing a Livonia officer in this program in the manner and form herein submitted, the said contract to be dated October 1, 1990. #924-90 RESOLVED, that having considered a communication dated September 20, 1990 from Angelo D'Orazio 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 September 18, 1990 by the City Planning Commission in its resolution 9-444-90 with regard to Petition 90-8-2-27 submitted by Angelo D'Orazio, requesting permission 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, the Council does hereby designate Monday, December 17, 1990, at 7 30 P.M as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. #925-90 RESOLVED, that having considered a communication dated September 27, 1990 from Lawrence A Friedman on behalf of Old Mexico Restaurant 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 September 18, 1990 by the City Planning Commission in its resolution 9-446-90 with regard to Petition 90-8-2-29 submitted by Vicki and Ramon Castaneda requesting waiver use approval to utilize a Class C liquor license in conjunction with an existing restaurant (Old Mexico Restaurant) located on the southwest corner of Five Mile Road and Harrison Avenue in the Northwest 1/4 of Section 24, the Council does hereby designate Monday, November 19, 1990, at 7 30 P M as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in 26091 Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. #926-90 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, November 19, 1990 at 7 30 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan with respect to the following item Petition 90-7-1-16, submitted by Philip Barth for a change of zoning of property located on the east side of Farmington Road, north of Curtis Avenue, in the Northwest 1/4 of Section 10 from R-1 to OS, the City Planning Commission in its resolution 9-448-90 having recommended to the City Council that Petition 90-7-1-16 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. #927-90 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, November 28, 1990 at 7 30 P M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan with respect to the following items (1) Petition 90-8-1-17, submitted by Southwood Construction Co , Inc. for a change of zoning of property located on the west side of Harrison, north of Five Mile Road, in the Southwest 1/4 of Section 13 from R -9I and OS to R -C and R-1, the City Planning Commission in its resolution 9-438-90 having recomuended to the City Council that Petition 90-8-1-17 be denied, 26092 (2) Petition 90-8-1-18, submitted by Southwood Construction Co., Inc. for a change of zoning of property located on the west side of Harrison, north of Five Mile Road, in the Southwest 1/4 of Section 13 from OS to R-1, the City Planning Commission in its resolution 9-439-90 having recommended to the City Council that Petition 90-8-1-18 be approved, (3) Petition 90-8-1-19, submitted by Lendrum-Ronayne Development Co. for a change of zoning of property located on the north side of Joy Road between Stonehouse and Newburgh, in the Southeast 1/4 of Section 31 from R-7 to R-1, the City Planning Commission in its resolution 9-440-90 having recommended to the City Council that Petition 90-8-1-19 be approved, (4) Petition 90-8-1-20, submitted by William Roskelly for Owen Cummings and Bernard McClorey for a change of zoning of property located on the east side of Merriman Road between Pembroke and Fargo in the Northwest 1/4 of Section 2 from RUFA to R-3, the City Planning Commission in its resolution 9-441-90 having recommended to the City Council that Petition 90-8-1-20 be approved, FURTHER, THE City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed 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. AYES. Taylor, Jurcisin, Ochala, Feenstra, Toy, Bishop and McCotter. NAYS: None. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #928-90 RESOLVED, that having considered a letter from Bobby's Country House, 35780 W Five Mile Road, Livonia, Michigan 48154, dated September 26, 1990, wherein permission is requested to convert the restaurant portion (not including grill room) to a banquet facility and having also considered the report and recommendation of the Mayor dated October 1, 1990 submitted in connection therewith, the Council does hereby request that the Department of Law submit its report and recommendation on the question of the proposed change of use and disposition of restaurant equipment. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was it was 1929-90 RESOLVED, that having considered a letter from Bobby's Country House, 35780 W. Five Mile Road, Livonia, Michigan 48154, dated September 26, 1990, wherein permission is requested to convert the restaurant portion (not including grill room) to a banquet facility and having also considered the report and recommendation of the Mayor dated October 1, 1990 submitted in connection therewith, 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 Councilman Jurcisin, #930-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 26, 1990 and submitted pursuant to Council Resolution 41-90, in connection with a communication from the City Planning Commission, dated January 3, 1990, which transmits its resolution 12-258-89, adopted on December 19, 1989, with regard to Petition 89-11-2-53, submitted by James Horney, requesting waiver use approval to allow an existing food facility (Sunshine Yogurt 26093 26094 Plus) to operate as a restaurant on property located on the west side of Newburgh Road between Seven Mile Road and Northland Road in the Southeast 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 89-11-2-53 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 A roll call vote was taken on the foregoing resolution with the following result. AYES. Taylor, Jurcisin, Ochala, Feenstra, Bishop and McCotter. NAYS Toy. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Toy, ind unanimously adopted, it was 1931-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 26, 1990, and submitted pursuant to Council Resolution 230-90 in connection with a request to add co -licensees to a 1989 B -Hotel licensed business operated by Integra - a hotel and restaurant company, located at 17123 Laurel Park, Livonia, Michigan 48152, the Council does hereby determine to take no further action. Communications from the Inspection Department and Police Department, dated September 25, 1990 re Petition 89-6-2-39, existing problems on the property located on the south side of Ann Arbor Road between Patton and Knolson Avenue in the Southwest 1/4 of Section 31 were received and placed on file for the information of the Council. 26095 On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, ind unanimously adopted, it was #932-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 26, 1990, and submitted pursuant to Council Resolution 685-90 with regard to existing problems on property located on the south side of Ann Arbor Road between Patton Avenue and Knolson Avenue in the Southwest 1/4 of Section 31, the Council does hereby request that the City Engineer submit a report and recommendation with regard to the easement and wall placement on the Oleska property at 9498 Patton. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #933-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 26, 1990, and submitted pursuant to Council Resolution 697-90 in connection with a communication from the City Planning Commission dated April 23, 1990, which sets forth its resolution 4-333-90, adopted on April 17, 1990, with regard to Petition 90-3-1-8, submitted by United Construction, Inc. for a change of zoning on property located south of Eight Mile Road between Merriman Road and Milburn Avenue in the Northwest 1/4 of Section 2, from RUFA to R-1, and the Council having conducted a public hearing with regard to this matter on July 11, 1990, pursuant to Council Resolution 462-90, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 90-3-1-8 is hereby approved and granted as modified so as to grant a rezoning from RUFA to R-3, 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 Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #934-90 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 27, 1990 with respect to the 16th District Court proposed expansion and renovation project, the Council does hereby select and designate the firm of Wade-Trim/Associates, 25185 Goddard Road, P.O. Box 10, Taylor, MI 48180 for the purpose of providing architectural services for the 16th District Court proposed expansion and renovation project, and the Department of Law is hereby requested to prepare a contract with the said firm which, upon completion, is to be submitted to the City Council for its report and recommendation On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #935-90 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 27, 1990 with respect to the 16th District Court proposed expansion and renovation project, the Council does hereby select and designate the firm of Camborne Construction Engineering, Inc , 33177 Schoolcraft, Livonia, MI 48150 for the purpose of providing construction management services for the 16th District Court proposed expansion and renovation project, and the Department of Law is hereby requested to prepare a contract with the said firm which, upon completion, is to be submitted to the City Council for its report and recommendation Councilman Taylor took from the table, for second reading and adoption, he following Ordinance. AN ORDINANCE AMENDING SECTION 18.42 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (Petition 90-2-6-3) A roll call vote was taken on the foregoing Ordinance with the following result. AYES. Taylor, Jurcisin, Ochala, Feenstra, Toy, Bishop and McCotter 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 #936-90 RESOLVED, that the Council does, pursuant to Section 23 01 (a) of Ordinance 543 request that the City Planning Commission conduct a public hearing and, thereafter, submit a report and recommendation on the question of whether Section 18.42b should be amended so as to require City Council approval with respect to site plans submitted for mounting satellite disc -type antennas in residential areas. Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 90-4-3-3) 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. it was 26097 On a motion by Councilman Jurcisin, seconded by Councilman Bishop, #937-90 RESOLVED, that having considered a communication from the City Planning Commission, dated June 28, 1990, which sets forth its resolution 6-381-90 adopted on June 12, 1990 with regard to Petition 89-8-1-25, submitted by Trinity Baptist Church and James Blain Associates Inc for a change of zoning on property located on the north side of Six Mile between Haggerty Road and the I-275 Expressway in the Southwest 1/4 of Section 7 from P.S , R -5C, R-9III and AG to P 0. II, and the Council having conducted a public hearing with regard to this matter on September 5, 1990, pursuant to Council Resolution 635-90, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Jurcisin, Feenstra and Bishop. NAYS: Ochala, Toy and McCotter The President declared the resolution adopted it was On a motion by Councilman Feenstra, seconded by Councilwoman Toy, #938-90 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 307-90 adopted on March 26, 1990 PUM11-11 A roll call vote was taken on the foregoing resolution with the following result - AYES Taylor, Jurcisin, Feenstra, Toy, Bishop and McCotter NAYS- Ochala. The President declared the resolution adopted. it was On a motion by Councilman Feenstra, seconded by Councilwoman Toy, #939-90 RESOLVED, that having considered a communication from the City Assessor, dated November 17, 1989, approved for submission by the Mayor, with regard to a request from Ms. Rosemary Preville, 19145 Rensellor, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax item 46 004 01 0361 000 into two parcels, the legal descriptions of which shall read as follows: Lot 361, Botsford Park Subdivision Lot 362, Botsford Park Subdivision. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Jurcisin, Feenstra, Toy, Bishop and McCotter. NAYS: Ochala. The President declared the resolution adopted. it was On a motion by Councilman Taylor, seconded by Councilman Feenstra, #940-90 RESOLVED, that having considered a communication from the City Assessor, dated September 4, 1990, approved for submission by the Mayor, with regard to a request from Mr. & Mrs. Lloyd Elmore, 9116 Hix, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item 46 124 01 0174 000 into three parcels, the legal descriptions of which shall read as follows. PARCEL #1 Lots 174, 175, 176, 177, 178 and 179, also 20 foot vacated alley plat of Golden Ridge Sub. #1 of part of the west 1/2 of Southeast 1/4 of Section 31, Twp. 1 south, range 9 E, Livonia Twp., Wayne County, Mich Recorded Liber 62 page 94 Wayne County Records. PARCEL #2 Lot 530 and the north 1/2 of Lot 531 of Plat of Golden Ridge Sub. #1 of part of west 1/2 of Southeast 1/4 of Section 31, Twp. 1 south, range 9 E, Livonia Twp., Wayne County, Mich. Recorded Liber 62 page 94 Wayne County Records. PARCEL #3 Lot 532 and the south 1/2 of Lot 531 of Plat of Golden Ridge Sub #1 of part of west 1/2 of Southeast 1/4 of Section 31, Twp. 1 south, range 9 E, Livonia Twp., Wayne County, Mich. Recorded Liber 62 page 94 Wayne County Records. Parcel #1 would be 120 feet wide and 118 feet deep plus 20 feet of vacated alley. Parcels #2 and #3 would each be 60 feet wide and 119 feet deep as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. A roll call vote was taken on the foregoing resolution with the following result - AYES: Taylor, Jurcisin, Ochala, Feenstra and Toy. NAYS: Bishop and McCotter. The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Feenstra, and unanimously adopted, it was #941-90 RESOLVED, that having considered a communication from the City Assessor, dated September 7, 1990, approved for submission by the Mayor, with regard to a request from Mr Thomas 26100 Ranger, 29945 Greenland, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item 46 053 01 0076 001 into two parcels, the legal descriptions of which shall read as follows Parcel 1 The East 70' of the North 1/2 of Lot 76, Livrance Estates Subdivision of part of the NE 1/4 of Section 14, T 1S., R. 9E., Livonia Twp., City of Livonia, Wayne Co., Michigan. Rec'd L. 67, P. 10 Plats, W.C.R. Parcel 2 The West 70' of the North 1/2 of Lot 76, Livrance Estates Subdivision of part of the NE 1/4 of Section 14, T. 1S., R 9E , Livonia Twp., City of Livonia, Wayne Co , Michigan Rec'd L. 67, P 10 Plats, W C.R as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #942-90 RESOLVED, that having considered a comrrunication from the City Assessor, dated September 13, 1990, approved for submission by the Mayor, with regard to a request from Mayflower Development, 34393 Plymouth, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item 46 121 99 0006 003 into two parcels, the legal descriptions of which shall read as follows PARCEL "A" A part of the Northeast 1/4 of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as comrrencing at the East 1/4 corner of said Section 31, thence North 00° 08' 15" West, 40 00 feet along the East line of said Section 31 and the centerline of Newburgh Road, thence North 89° 41' 00" West, 60 00 feet to the Point of Beginning, thence continuing North 890 41' 00" West, 142 74 feet, thence North 00° 08' 15" West, 79 10 feet, thence South it was 890 41' 00" East, 142 74 feet, thence South 00° 08' 15" East, 79 10 feet to the Point of Beginning Containing 0.2592 acres of land, or 11,290 square feet more or less. Subject to all easements and restrictions of record. PARCEL "B" A part of the Northeast 1/4 of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as commencing at the East 1/4 corner of said Section 31, thence North 000 08' 15" West, 40.00 feet along the East line of said Section 31 and the centerline of Newburgh Road, thence North 890 41' 00" West, 60 00 feet, thence North 000 08' 15" West, 79 10 feet to the Point of Beginning, thence North 89° 41' 00" West, 142.74 feet, thence North 00° 08' 15" West, 79.10 feet, thence South 89° 41' 00" East, 142.74 feet, thence South 00° 08' 15" East, 79.10 feet to the Point of Beginning. Subject to all easements and restrictions of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. On a motion by Councilman Feenstra, seconded by Councilman Bishop, #943-90 RESOLVED, that having considered a letter from Ventura Industries, Inc , 11865 Globe Road, Livonia, Michigan 48150, dated September 24, 1990, where it is indicated that Ventura Industries, Inc intends to transfer facilities from 11865 Globe Road, Livonia, Michigan, to the Township of Plymouth, and which further indicates that Ventura Industries Inc desires to obtain a 1974 P.A 198 exemption for the Plymouth Township facility, the Council does hereby consent to the transfer as herein requested, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 26101 A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Jurcisin, Feenstra and Bishop. NAYS• Ochala, Toy and McCotter. he President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Feenstra, ,nd unanimously adopted, it was #944-90 RESOLVED, that having considered the report and recommendation of the Housing Director dated September 25, 1990, approved for submission by the Finance Director and the Mayor, the Council does hereby accept the bid of Livonia Chrysler Plymouth, 30777 Plymouth Road, Livonia, MI 48150, for leasing a 1991 Plymouth Acclaim 4 -door sedan to the City of Livonia for use in connection with the CDBG Housing Rehabilitation Program for a three-year period for the price of $303.00 per month, the same having been the lowest and only bid received and meets all specifications. On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #945-90 RESOLVED, that having considered the report and recommendation of the Housing Director dated September 24, 1990 with regard to Section 8 existing housing program annual contributions contracts, projects No. MI-28-VO55-004 (35 Vouchers) and projects No. MI-28-EO55-010 (15 Certificates), the Council does hereby authorize the President of the Housing Commission to enter into the said HUD annual contributions contracts for the aforesaid programs. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #946-90 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated July 16, 1990, and the report and recommendation of the Chief of Police dated September 27, 1990, with regard to a request from the Inn of Livonia, Inc. (a Michigan Corporation), for a new entertainment permit in conjunction with 1990 B -Hotel licensed business located at 36655 Plymouth Road, Livonia, MI, the Council does hereby refer this item to the Committee of the whole for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #947-90 RESOLVED, that having considered a communication from the City Planning Commission, dated August 20, 1990, which 26103 transmits its resolution 8-427-90 adopted on August 14, 1990 with regard to Petition 90-7-8-10 submitted by Budget Rent-A-Car, requesting site plan approval in connection with a proposal to construct a small addition to an existing building on the north side of Plymouth Road between Stark and Priscilla in Section 28, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, and the Council having conducted a public hearing with regard to this matter on October 3, 1990, pursuant to Council Resolution 786-90, the Council does hereby reject the recommendation of the Planning Commission and Petition 90-7-8-10 is hereby approved and granted. On a motion by Councilwoman Toy, seconded by Councilman Feenstra, and unanimously adopted, it was #948-90 RESOLVED, that having considered a communication from the Hearing Officer (Director of Building Inspection), dated August 9, 1990, approved for submission by the Mayor, with regard to a request to demolish a house located at 9001 Oxbow, the legal description of which is as follows Lot 74 of Newman Joy Road Road Subdivision being part of the South 1/2 of the Southwest 1/4 of Section 36, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan, as recorded in Liber 66, Page 19 of Plats, Wayne County Records. and the Council having conducted a public hearing with respect to this matter on October 3, 1990, pursuant to Council Resolution 787-90, and based upon the testimony and evidence presented, and having reviewed the file and the order for demolition of the Hearing Officer, the Council does hereby determine in accordance with the provisions set forth in Section 15.52 150 of the Livonia Code of Ordinances, as amended, to concur in and approve the order of demolition of the Hearing Officer, further, the owner or owners of the structure in question are hereby requested to demolish the same or in lieu thereof upon the expiration of the 20 -day period prescribed by City ordinance, the Department of Public Works is hereby authorized to do all things necessary to accomplish the demolition of the said structure in accordance with the provisions of City ordinance and law, the cost of which is to be borne by the owner or owners of the said property in accordance with Section 15 52.180 of the Livonia Code of Ordinances On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, end unanimously adopted, it was 26104 #949-90 RESOLVED, that having considered a communication dated September 20, 1990, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as. Grant of Easement dated September 7, 1990, executed by Jay Ross, Authorized Partner of Northridge Commons Associates, a Michigan Co-Partnership,to the City of Livonia, for - An easement for a water main on, over and across part of the N. E.1/4 of Section 4, T. I S., R 9 E., City of Livonia, Wayne County, Michigan, described as follows Commencing at the N. 1/4 corner of Section 4, T. 1 S., R. 9 E., and proceeding S. 00* 04' 56" W , 60.00 feet to a point on the South line of Eight Mile Road (Baseline Road), thence along said line N. 89' 41' 00" E., 1,360.29 feet to the point of beginning of the easement herein described, thence continuing N. 890 41' 00" E., 214.00 feet, thence S. 00' 02' 37" W., 20.00 feet, thence S. 890 41' 00" W , 213 90 feet; thence N. 00' 13' 11 38W., 20.00 feet to the point of beginning. (Part of Tax Parcel No. 013-99-0030-009). the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #950-90 RESOLVED, that having considered the report and recommendation of the City Engineer and the Superintendent of Parks & Recreation, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the employment of Matika Electrical & Construction Co., 345 E. Eight Mile Road, Hazel Park, MI 48030, to install an underground conduit and a concrete transformer pad to accomffodate a Detroit Edison service line and transformer in connection with the construction of the Idyl Wyld Golf Course irrigation well for the price of $3,095.00, further, the Council does hereby authorize the City Engineer to sign an agreement for and on behalf of the City of Livonia with Detroit Edison Company to install the electrical distribution line for the price of $5,562.00, and the Council does hereby appropriate and authorize the expenditure of the sum of $8,657.00 from the Idyl Wyld Golf Course Capital Improvement Fund for this purpose, and the Council does hereby authorize the said items without competitive bidding in accordance with the provisions set forth 26105 in Section 3.04 140D5 of the Livonia Code of Ordinances, as amended On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was it was #951-90 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 Jurcisin, seconded by Councilman Bishop, #952-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated October 8, 1990, and submitted pursuant to Council Resolution 851-90 in connection with a communication from the City Planning Commission, dated August 28, 1990, which transmits its resolution 80-419-90, adopted on August 14, 1990, with regard to Petition 90-7-2-24, submited by Bill Knapps Michigan Inc. requesting waiver use approval to construct a full service restaurant on property located on the south side of Plymouth Road between Farmington Road and Woodring Avenue in the Northwest 1/4 of Section 34, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 90-7-2-24 is hereby approved and granted subject to compliance with the same conditions set forth in the aforesaid recommendation of the Planning Commission, further, the action taken herein is based upon a letter of understanding and a letter of credit to be provided to the City of Livonia by J & W Management Corporation with respect to the overall improvement of the Shelden Center. The President relinquished the Chair to the Vice President at 8 59 P M. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, McCotter, Ochala, Feenstra, Toy, Bishop and Jurcisin. NAYS: None. The Vice President declared the resolution adopted. The President resumed the Chair at 9:03 P.M. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and nanimously adopted, this 1,186th Regular Meeting of the Council of the City of Livonia was adjourned at 9.04 P.M., October 10, 1990 Robert F. Nash, City Clerk