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HomeMy WebLinkAboutCOUNCIL MINUTES 1990-12-0526195 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 5, 1990, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the Vice President of the Council at 8:00 P.M. Councilwoman Toy delivered the invocation. Roll was called with the following result: Present. Laura Toy, Robert R. Bishop, Gerald Taylor, Ron Ochala, Fernon P Feenstra and Dale Jurcisin, Absent. Joan McCotter (due to recuperation from minor surgery). Elected and appointed officials present Robert F. Nash, City Clerk; Harry Tatigian, City Attorney, Robert D. Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer, David Preston, Director of Finance, Karen Szymula, Director of Legislative Affairs, John Fegan, Director of Building Inspection, Ronald R. Reinke, Superintendent of Parks and Recreation sand James Inglis, Director of Housing. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #1067-90 RESOLVED, that the minutes of the 1,189th Regular Meeting of the Council of the City of Livonia, held November 20, 1990 are hereby approved. A communication from the General Manager of MetroVision of Livonia, Inc., dated November 14, 1990, forwarding the 7th Annual Report for the fiscal year ending July 31, 1990 was received and placed on file for the information of the Council A communication from the Director of Finance, dated November 21, 1990, forwarding various financial statements of the City of Livonia for the month ending October 31, 1990 was received and placed on file for the information of the Council. At the direction of the Chair, Item No. 2 re a request for vacating by Ronald M. Parz of the South Drive right-of-way lying east of Jarvis Avenue was removed from the Consent Agenda. it was On a motion by Councilman Taylor, seconded by Councilwoman Toy, #1068-90 RESOLVED, that having considered the report and recommendation of the City Clerk, dated November 14, 1990, wherein it is recommended that effective January 1, 1991 the schedule of fees established for the issuance of certified copies of birth and death certificates be increased to $8.00 for the first copy and $2.00 for each additional copy, and which report also recommends an increase in dog licenses from $2 00 to $3.00 effective November 30, 1991, the Council does hereby concur in and approve of the aforesaid action #1069-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated November 2, 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 Tennyson Chevrolet, 32570 Plymouth, Livonia, MI 48150 for leasing ten vehicles to the Livonia Division of Police for a one-year period for a total price of $53,184.00, the same having been in fact the lowest bid received and meets all specifications. #1070-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated November 6, 1990, approved for submission by the Mayor, with regard to the Third Annual D.A.R.E. Golf Outing, which is to be conducted on July 17, 1991 at the Fox Creek Golf Course, the proceeds of which are to be donated to D.A.R.E., and wherein it is requested that all fees at the Fox Creek Golf Course be waived, the Council does hereby grant and approve this request in the manner and form herein submitted. #1071-90 RESOLVED, that having considered the report and recommendation of the Director of Building Inspection dated November 5, 1990, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize J.R. Mathews, Inc., P.O. Box 52334, Livonia, Michigan 48152, to demolish and remove the structure at 9001 Oxbow, Livonia, Michigan for the price of $3,250.00, the same to be appropriated and expended from the Civic Improvement - Unsafe Buildings Account (205-525-882-050) with the provision that said account be reimbursed at such time as funds are subsequently recovered from the owners of the above property as provided for in Chapter 15 52.180 of the Livonia Code of Ordinances, further, the Council does hereby 26197 authorize the said item without competitive bidding in accordance with Section 3.04.14OD4 and 5 of the Livonia Code of Ordinances, as amended. #1072-90 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks & Recreation dated November 7, 1990, approved for submission by the Mayor and the Finance Director in connection with the action taken in Council Resolution 1037-89 wherein the Council did accept a state grant in the amount of $27,600.00 for Clement Circle Park improvements, the Council does hereby appropriate the sum of $27,600.00 as an advance from the Unexpended Fund Balance Account for the purpose of covering the cost of the improvements herein with the provision that the said account shall be reimbursed at such time as the grant from the Department of Natural Resources with respect to this item is received. #1073-90 RESOLVED, that having considered a communication from the City Assessor, dated November 5, 1990, approved for submission by the Mayor, with regard to a request from Dorothy Faraday, 19522 Westmore, 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 and combination of Tax Items No 46 011 01 0125 000 and 46 011 01 0126 000 into two parcels, the legal descriptions of which shall read as follows PARCEL A Lots 124, the North 30 feet of Lot 125 and the West 1/2 of the adjacent vacated 18 foot alley at the rear thereof, being part of "WESTMORE SUBDIVISION" of part of the West 1/2 of the Southwest 1/4 of Section 3, T. 1 S , R 9 E , Livonia Township (now the City of Livonia), Wayne County, Michigan as recorded in Liber 48 of plats, page 85 Wayne County Records PARCEL B The South 10 feet of Lot 125, Lot 126, the North 1/2 of Lot 127 and the West 1/2 of the adjacent vacated 18 foot alley at the rear thereof, being part of "WESTMORE SUBDIVISION" of part of the West 1/2 of the Southwest 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Township (now the City of Livonia), Wayne County, Michigan as recorded in Liber 48 of plats, page 85 Wayne County Records. 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 26198 and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. #1074-90 RESOLVED, that the Council does hereby request that the City Planning Commission submit a report and recommendation in accordance with provisions of law and City ordinance 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, in the event that such action is deemed to be appropriate. #1075-90 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works dated November 14, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize a one year maintenance agreement with Michigan Bell Communications, 29777 Telegraph Road, Suite 1200, Southfield, Michigan 48034, for the price of $6,142 24 for maintenance of the Enhanced 911 equipment, further, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04.14OD5 of the Livonia Code of Ordinances, as amended. #1076-90 RESOLVED, that having considered the report and recommendation of the City Engineer and the Housing Director dated November 9, 1990, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize Stanson Wrecking Company, 6855 Haggerty Road, Belleville, MI 48111, to raze the existing garage located at 11683 Cardwell, Livonia, Michigan, for the price of $1,897.00, the same to be authorized from Account No 295-833-931-000, said amount to be appropriated from the Unexpended Fund Balance (City -purchased homes) for this purpose, further, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 and 5 of the Livonia Code of Ordinances, as amended #1077-90 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 13, 1990, approved for submission by the Mayor, the Council does hereby authorize the release to Strick-Style Homes, Inc., 2891 Olden Oak Lane, Auburn Hills, MI 48057, the proprietor of the Sunset Park Estates Subdivision, located in the Southeast 1/4 of Section 11, of the financial assurances previously deposited with respect to the General Improvement Bond in the amount of $18,000.00, of which $5,000 00 was to be in cash, the Sidewalk Improvement Bond in the amount of $15,000 00, of which $1,500.00 was to be in cash, the Soil Erosion Bond in the amount of $2,100.00 cash, and the Monument and Lot Marker Bond in the amount of $1,250 00, pursuant to Council Resolution 1067-85, adopted on December 2, 1985, and subsequently amended in Council Resolution 769-87, further, all other financial assurances 26199 now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. #1079-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated November 7, 1990, which bears the signature of the Finance Director and is approved for submission by the Mayor and which submits final cost information with regard to the paving improvement of Northland, St Martins and Bethany in the Southeast 1/4 of Section 6 in connection with S.A.D 325, the Council does hereby determine as follows - a. Authorize a decrease in the total assessment as set forth in the confirmed assessment roll for S.A.D. No 325 from $91,409.50 to $85,233.24 with the assessments to be reduced to the assessment rate of $12 24 p.f.f., b. Authorize the City Assessor to increase the assessment in the total amount of $4,146 52 for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, c. Establish the final project cost at $143,799 07, of which $89,379.76 is to be charged to the special #1078-90 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 14, 1990, approved for submission by the Mayor, the Council does hereby authorize the release to Strick-Style Homes, Inc., 2891 Olden Oak Lane, Auburn Hills, MI 48057, the proprietor of the Sunset Woods Subdivision, located in the Southeast 1/4 of Section 11, of the financial assurances previously deposited with respect to the General Improvement Bond in the amount of $10,000 00, of which $1,000.00 was to be in cash, the Sidewalk Improvement Bond in the amount of $5,200 00, of which $1,000.00 was to be in cash, the Soil Erosion Bond in the amount of $2,000.00 cash, and the Monument and Lot Marker Bond in the amount of $300.00, pursuant to Council Resolution 265-88, adopted on March 23, 1988, and subsequently amended in Council Resolution 664-89, further, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall, remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #1079-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated November 7, 1990, which bears the signature of the Finance Director and is approved for submission by the Mayor and which submits final cost information with regard to the paving improvement of Northland, St Martins and Bethany in the Southeast 1/4 of Section 6 in connection with S.A.D 325, the Council does hereby determine as follows - a. Authorize a decrease in the total assessment as set forth in the confirmed assessment roll for S.A.D. No 325 from $91,409.50 to $85,233.24 with the assessments to be reduced to the assessment rate of $12 24 p.f.f., b. Authorize the City Assessor to increase the assessment in the total amount of $4,146 52 for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, c. Establish the final project cost at $143,799 07, of which $89,379.76 is to be charged to the special 26200 assessment district, $52,399 31 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts, and $2,000.00 is to be charged to the Surplus Drainage Fund, d. Authorize an expenditure in the amount of $143,799 07 from the $12 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($89,379.76), from Michigan Transportation Fund (Local Road Account) receipts ($52,399.31), and $2,000 00 from the Surplus Drainage Fund account, and e. In order to make final payment to the contractor, authorize an additional appropriation in the amount of $10,178 21 from the $12 million General Obligation Road Improvement Bond Issue with the provision that (1) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessment at such time as funds are available from a future special assessment bond issue, and (2) the bond issue be reimbursed for the City's portion of the project from Michigan Transportation Fund (Local Road Account) receipts A communication from the Planning Director, dated November 5, 1990 re Council Resolution 571-90 -- administrative rules to permit the use of commercial parking lots for recreational events was received and placed on file for the information of the Council #1080-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated November 15, 1990, approved for submission by the Mayor and the Finance Director and approved as to form and content by the City Attorney and to which is attached a Disaster Assistance Recovery Team Mutual Aid Agreement between the City of Livonia and various counties, cities, villages and townships pursuant to 1967 PA 236, as amended by 1974 PA 342, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said agreement in the manner and form herein submitted. A roll call vote was taken on the foregoing resolutions with the following result AYES. Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin. NAYS None 26201 On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #1081-90 RESOLVED, that having considered Petition 90-11-3-11 submitted by Ronald M. Parz, 31800 Northwestern Highway, Suite 390, Farmington Hills, MI 48018-4578, received by the office of the City Clerk on November 16, 1990, wherein a request is submitted for the vacating of the South Drive right-of-way lying east of Jarvis Avenue, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with the provisions of law and City ordinance with the request that the Planning Commission consider in its action the vacating of South Drive in this area in its entirety. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #1082-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated November 20, 1990, and submitted pursuant to Council Resolution 812-89 in connection with a letter from the Executive Assistant to the International Union of Operating Engineers, dated May 9, 1989, with regard to the use of non-union companies for major construction projects for the City of Livonia, the Council does hereby determine to take no further action with respect to Section VI concerning tax abatements as set forth in the proposed resolution dated August 10, 1989 for establishing prevailing wages on City construction projects. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #1083-90 RESOLVED, that the Council does hereby refer to the Legislative Committee for its report and recommendation the topic of establishing a requirement for a prevailing wage rate for companies which perform major construction projects for the City of Livonia. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 14.02 OF ARTICLE XIV OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITE AS THE "CITY OF LIVONIA ZONING ORDINANCE" (Petition 89-8-6-7) 26202 A roll call vote was taken on the foregoing Ordinance with the following result AYES. Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin. NAYS None. The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilwoman Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTION 170 TO TITLE 15, CHAPTER 16 (FIRE PREVENTION CODE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result• AYES Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin NAYS None. The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #1084-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated November 20, 1990 and submitted pursuant to Council Resolution 929-90 in connection with 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 prepare an amended sublease agreement which includes the revisions recommended by the Mayor in his letter of October 1, 1990, as well as the provision that the lower level cannot henceforth be used as a restaurant without the prior approval of the City Council, the said amended sublease agreement to be submitted to the City Council for its approval; further, the Council does hereby request that the tenant be current on all outstanding arrearages and rent, further, the Council does hereby authorize the temporary use of the lower level of the Clubhouse as a banquet facility for an interim 90 -day period which upon completion shall be subject to review by the City Council. On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was 26203 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated November 20, 1990 and submitted pursuant to Council Resolution 929-90 in connection with 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 administration, during the next 90 day interim period, solicit other proposals for the use of the lower level of the Clubhouse as a restaurant, the same thereafter to be submitted to the City Council for its, consideration. A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor and Jurcisin NAYS• Toy, Bishop, Ochala and Feenstra. The Vice President declared the resolution denied. Communications from the Fire Marshall's Office dated December 4, 1990, the Director of Building Inspection dated November 30, 1990 and John R Carney, P C. dated December 5, 1990 re Bobby's Country House, Inc were received and placed on file for the information of the Council. On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #1085-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated November 20, 1990 and submitted pursuant to Council Resolution 929-90 in connection with a letter from Bobby's Country House, 35780 W Five Mile Road, Livonia, Michigan 48154, dated September 26204 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 Inspection Department submit a report and recommendation with respect to the use and operation of the existing showers of the lower level bathrooms of the Clubhouse. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SUBSECTION 39 OF SECTION .010 OF CHAPTER 16 (PARKS PLAYGROUNDS) OF TITLE 12 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. (Edward H McNamara Bicentennial Park) 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 text regular meeting. it was U On a motion by Councilwoman Toy, seconded by Councilman Feenstra, RESOLVED, that having considered a communication from the City Planning Commission dated October 25, 1990 which transmits its resolution 10-477-90 with regard to the sign permit application submitted by Noonan Sign Company on behalf of the First of America Bank for two wall signs in the Northridge Commons Shopping Center located at Eight Mile and Farmington, the Council does hereby concur in part in the recommendation of the City Planning Commission by approving the sign permit application only with respect to the proposed wall sign on the west side of the building, the same to be subject to the same conditions as those set forth in the aforesaid action of the Planning Commission, and the Council does hereby deny the proposed wall sign on the north side of the building. On a motion by Councilman Bishop, seconded by Councilman Taylor, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to approve the two wall signs as submitted by Noonan Sign Company on behalf of the First of America Bank in the Northridge Commons Shopping Center. A roll call vote was taken on the motion to substitute as follows: AYES: Bishop, Taylor, Ochala and Jurcisin. NAYS: Toy and Feenstra. The Vice President declared the resolution to substitute adopted. it was On a motion by Councilman Bishop, seconded by Councilman Taylor, #1086-90 RESOLVED, that having considered a communication from the City Planning Commission dated October 25, 1990 which transmits its resolution 10-477-90 with regard to the sign permit application submitted by Noonan Sign Company on behalf of the First of America Bank for two wall signs in the Northridge Commons Shopping Center located at Eight Mile and Farmington, the Council does hereby concur with the City Planning Commission and approve the said sign permit application subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission. 26205 A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Taylor, Ochala and Jurcisin. NAYS. Toy and Feenstra. The Vice President declared the substitute resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #1087-90 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated October 22, 1990, and the report and recommendation of the Chief of Police dated November 1, 1990 in connection therewith, the Council does hereby approve of the request from Salwan Yaldoo, stockholder in Salwan's Party Store, Inc., to transfer ownership of a 1990 SDD-SDM licensed business from Sorisho Pizza, Inc. for a business located at 19191 Merriman, Livonia, Michigan 48152, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 26206 On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was it was #1088-90 RESOLVED, that having considered the report and recommendation of the Planning Commission dated November 8, 1990 and submitted pursuant to Council Resolution 936-90 with respect to plans submitted for mounted satellite dish -type antennas in residential areas, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. On a motion by Councilwoman Toy, seconded by Councilman Taylor, #1089-90 RESOLVED, that having considered a communication from the City Planning Commission dated November 14, 1990 which transmits its resolution 11-487-90 adopted on November 13, 1990 with regard to Petition 90-9-3-9 submitted by William Rocikershousen requesting the vacating of a twenty -foot wide easement across property located on the north side of Schoolcraft Road, east of Middlebelt Road in the Southwest 1/4 of Section 24, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 90-9-3-9 subject to the petitioner granting a new easement to accommodate the relocated water line, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Toy, Bishop, Taylor and Jurcisin. NAYS: Ochala and Feenstra. The Vice President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Feenstra, and unanimously adopted, it was #1090-90 RESOLVED, that the Council does hereby refer to the Legislative Committee for its report and recommendation the matter of approval of parcels of property which are under two acres in size for office use by the City Planning Commission only (and not the City Council), and the approval of parcels of property under five acres in size for commercial uses by the City Planning Commission (and not the City Council). On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #1091-90 RESOLVED, that the Council does hereby request that the City Planning Commission, in accordance with Section 23.01(a) of Zoning Ordinance 543, conduct a public hearing and thereafter submit a report and recommendation on the question of whether or not Section 18.47(a) should be amended so as to include as a control zone the area within the vicinity of the Schoolcraft Road - Middlebelt Intersection On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was it was #1092-90 RESOLVED, that having considered a letter from the Assistant Planning Director and the Director of Housing dated November 13, 1990 and approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and the Fair Housing Center of Metropolitan Detroit, Room 1340, 1249 Washington Boulevard, Detroit, Michigan 48226,' wherein the latter would prepare for the City a Fair Housing Needs Analysis which is a requirement for compliance with Community Development Block Grant Regulations, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Feenstra, seconded by Councilwoman Toy, RESOLVED, that having considered the report and recommendation of the City Assessor dated August 23, 1990 and approved for submission by the Mayor which submits a schedule of assessments for the proposed installation of 100 watt high pressure sodium ornamental lights with underground wiring on davitt poles in Levan Court Subdivision located in the Northeast 1/4 of Section 32, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. 26207 A roll call vote was taken on the foregoing resolution with the following result. AYES Toy, Taylor and Ochala NAYS Bishop, Ochala and Jurcisin The Vice President declared the resolution denied it was On a motion by Councilman Bishop, seconded by Councilman Ochala, #1093-90 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 350, more particularly described in Council Resolution 767-90 adopted on August 15, 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 Levan Court Subdivision in the Northeast 1/4 of Section 32, in said Special Assessment District No. 350; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of the installation of 100 watt high pressure sodium lights with underground wiring on davitt poles in Levan Court Subdivision located in the Northeast 1/4 of Section 32, and that th6 assessments set forth in said Special Assessment District No 350 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. 350 based on installation of 100 watt high pressure sodium lights with underground wiring on davitt poles 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. A roll call vote was taken on the foregoing resolution with the following result- AYES- Bishop, Taylor, Ochala and Jurcisin NAYS. Toy and Feenstra The Vice President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was it was #1094-90 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 351, more particularly described in Council Resolution 743-90 adopted on August 15, 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 Sheffield Estates Subdivision No. 2 in the West 1/2 of Section 9, in said Special Assessment District No. 351, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of the installation of 100 watt high pressure sodium lights with colonial post tops with underground wiring in Sheffield Estates Subdivision No. 2 located in the West 1/2 of Section 9, and that the assessments set forth in said Special Assessment District No 351 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 SpeciaT Assessment Roll No. 351 based on installation of 100 watt high pressure sodium lights with colonial post tops and underground wiring 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 Taylor, seconded by Councilman Ochala, RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1990, which sets forth its resolution 9-448-90 adopted on September 18, 1990 with regard to Petition 90-7-1-16, submitted by Philip Barth for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on November 19, 1990, pursuant to Council Resolution 926-90, the Council 26209 26210 does hereby concur in the recommendation of the Planning Commision and the said Petition 90-7-1-16 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Taylor and Jurcisin NAYS Toy, Ochala and Feenstra The Vice President declared the resolution denied On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #1095-90 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1990, which sets, forth its resolution 9-448-90 adopted on September 18, 1990 with regard to Petition 90-7-1-16, submitted by Philip Barth for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on November 19, 1990, pursuant to Council Resolution 926-90, 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 Taylor, and uanimously adopted, it was #1096-90 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1990, which sets forth its resolution 9-448-90 adopted on September 18, 1990 with regard to Petition 90-7-1-16, submitted by Philip Barth for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on November 19, 1990' pursuant to Council Resolution 926-90, the Council does hereby request that the Engineering Department submit a report and recommendation with regard to the water problem which may exist at Mrs. Kuneman's residence located at 18266 Farmington Road, Livonia, Michigan. On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was 11097-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 1, 1990 on all matters required by Sections 3.08.060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on November 28, 1990, after due notice as required by Section 3.08.070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code. (1) accept and approve said statement in all respects, (2) determining to make the road improvement consisting of either a 28 foot wide full depth asphalt pavement with mountable asphalt curbs (Alternate III) or the placement of approximately four inches of asphalt over the existing roadway (Alternate IV) on Floral and Lathers in the Southeast 1/4 of Section 12, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated October 1, 1990; (4) determine that the cost of such improvement is $580,141.17 (Alternate III) or $153,064.71 (Alternate IV); (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established;; (6) that the proportion of the improvement to be borne and be 15% of paving ($69,771.17 of Drainage ($115,000.00 or balance of said cost and improvement amounting to 85' or $120,330 00) shall be be cost and expense of said paid by the City shall or $21,234.71) and 100% $11,500 00) and that the expense of said public of paving ($395,370.00 irne and paid by special 26211 26212 assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows - A Special Assessment District in the S.E. 1/4 of Section 12, T.IS., R.9E., City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment Plan and the Special Assessment Roll (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3.08 110 of the said Code. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #1098-90 RESOLVED, that the Council does hereby request that the Engineering Department submit a report and recommendation with regard to rear yard flooding due to poor drainage for certain homes located on Floral and Lathers in the Southeast 1/4 of Section 12. 26213 On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was it was RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1990, which sets forth its resolution 9-438-90 adopted on September 18, 1990 with regard to Petition 90-8-1-17, submitted by Southwood Construction Co., Inc. for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on November 28, 1990, pursuant to Council Resolution 927-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-8-1-17 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 Councilman Bishop, RESOLVED, that the foregoing proposed resolution which would deny Petition 90-8-1-17, by Southwood Construction Co.,, Inc for a change of zoning on 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, be referred to the Committee of the Whole for its report and recommendation A roll call vote was taken on the motion to refer with the following result AYES Bishop, Ochala and Feenstra. NAYS. Toy, Taylor and Jurcisin. The Vice President declared the resolution to refer denied. A roll call vote was taken on the original resolution with the following result: #1099-90 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1990, which sets forth its resolution 9-438-90 adopted on September 18, 1990 with regard to Petition 90-8-1-17, submitted by Southwood Construction Co., Inc. for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on November 28, 1990, pursuant to Council Resolution 927-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-8-1-17 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. AYES: Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin. NAYS. None. The Vice President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #1100-90 RESOLVED, that in accordance with Section 23 01(a) of Ordinance 543, as amended, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether or not the property located on the west side of Harrison, north of Five Mile in the Southwest 1/4 of Section 13 should be rezoned from R-91 and OS to R-2. On a motion by Councilwoman Toy, seconded by Councilman Taylor, ,nd unanimously adopted, it was L#1101-90 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1990, which sets forth its resolution 9-439-90 adopted on September 18, 1990 with regard to Petition 90-8-1-18, submitted by Southwood Construction Co , Inc for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on November 28, 1990, pursuant to Council Resolution 927-90, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 90-8-1-18 is hereby denied for the following reasons 1. That the proposed R-1 zoning district will provide for residential lot sizes which are incompatible to the majority of the existing lot sizes in the neighboring area. 2. That the proposed R-1 zoning district will provide for a density of population that is in excess of the average density of the neighborhood. 3. That the proposed change of zoning to the R-1 district would tend to erode the large lot rural atmosphere which characterizes the majority of the adjacent neighborhood. 26215 On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #1102-90 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1990, which sets forth its resolution 9-440-90 adopted on September 18, 1990 with regard to Petition 90-8-1-19, submitted by Lendrum-Ronayne Development Co. for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on November 28, 1990, pursuant to Council Resolution 927-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-8-1-19 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, further, the subject of the elevations and type of construction of the proposed development is hereby referred to the Committee of the Whole for its report and recommendation. On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #1103-90 RESOLVED, that in accordance with Section 23 01(a) of Ordinance 543, as amended, the Council does hereby request that the City Planning Commission conduct a public hearing and, thereafter, submit its report and recommendation on the question of whether or not the property located at the Northwest corner of Newburgh and Joy Roads should be rezoned from the C-1 zoning classification to a more appropriate zoning classification. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #1104-90 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1990, which sets forth its resolution 9-441-90 adopted on September 18, 1990 with regard to Petition 90-8-1-20, submitted by William L. Roskelly for Owen Cummings and Bernard McClorey for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on November 28, 1990, pursuant a -14I. to Council Resolution 927-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-8-1-20 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was it was #1105-90 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 Feenstra, seconded by Councilman Ochala, #1106-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 1, 1990 on all matters required by Sections 3.08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on December 3, 1990, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make 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), in the Northwest 1/4 of Section 11, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated October 1, 1990, (4) determine that the cost of such improvement is $146,680, 26217 (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established,; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($17,172.00) and 100% of drainage ($32,200.00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($97,308.00) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows. A Special Assessment District in the N.W 1/4 of Section 11, T 1S., R.H ., City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment Plan and the Special Assessment Roll. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3.08 110 of the said Code. rr• s k roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Taylor, Ochala, Feenstra and Jurcisin. NAYS: Toy. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1107-90 RESOLVED, that the Council does hereby request that the City Engineer and City Assessor, in the preparation of future special assessment rolls, include therein the annual cost projected with respect to each parcel contained in the proposed special assessment roll. On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #1108-90 RESOLVED, that the City Engineer having filed witly the City Clerk a statement dated October 3, 1990 on all matters required by Sections 3.08.060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on December 3, 1990, after due notice as required by Section 3.08.070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the road improvement consisting of approximately 4 inches of asphalt over existing roadway (Alternate IV) on Hoy and Melvin in the Northeast 1/4 of Section 23, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated October 3, 1990, (4) determine that the cost of such improvement is $51,972.35; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the 26219 property benefited thereby and in part by the City at large, in proportions thereafter established,, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $2,128.00 (for 152 feet of paving), 15% of paving ($7,278.35) and 100% of drainage ($3,450.00) and that the balance of said cost and expense of said public improvement amounting to 80.6% of paving ($39,116.00) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A Special Assessment District in the N.E. 1/4 of Section 23, T.lS., R.H., City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment Plan and the Special Assessment Roll. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3.08.110 of the said Code. 26220 On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, this 1,190th Regular Meeting of the Council of the City of Livonia was adjourned at 9:27 P.M., December 5, 1990. ft'1464t� Robert F. Nash, City Clerk A C