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HomeMy WebLinkAboutCOUNCIL MINUTES 1990-04-2525714 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SEVENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 25, 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 03 P M Councilman Taylor delivered the invocation Roll was called with the following result• Present Laura Toy, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P Feenstra and Joan McCotter, Absent Robert R Bishop (out of town on business). Elected and appointed officials present Robert F Nash, City Clerk, Harry Tatigian, City Attorney, Robert D Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs, John Fegan, Director of the Inspection Department, David Preston, Finance Director, Jeanne Treff, Director of Cable TV and ex -Councilman Jerry Brown On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted*, it was #387-90 RESOLVED, that the minutes of the 1,174th Regular Meeting of the Council of the City of Livonia, held April 25, 1990 are hereby approved *Councilman Ochala abstained from voting, which is recorded as a "yes" vote under Section 2-119 of the Livonia Code of Ordinances, as amended it was On a motion by Councilman Feenstra, seconded by Councilwoman Toy, #388-90 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board dated March 28, 1990, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, and which transmits its resolution WS 2880 3/90, the Council does hereby accept the 25715 unit price bid of Etna Supply Company, 529 32nd Street, S. E , Grand Rapids" Michigan 49548, for supplying the Public �^- Service Division /Water Maintenance Section) with copper water tubing for a total estimated O00uOt of $17,760 OOm the same having been in fact the lowest bid received and meets all specifications #389-90 RESOLVED, that having Considered the report and recommendation Of the Water and Sewer Board dated March 28, 7990, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, and which transmits its resolution WS 2879 3/90, the Council does hereby accept the unit price bid of Price Bros Company, 1955 E Ten Mile Road, Warren, Michigan 48091r for supplying the Public Service Division /Water Maintenance Section) with water service parts and fittings for a total estimated amount of $11,058 35, the same having been in fact the lowest bid received and meets all specifications #390-90 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works dated March 21° 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 Angelo D'OraoiO Paving Company, 38272 Abruzzi Drive, Westland, Michigan 48785, for the Industrial and Hubbard Road paving and utilities improvement in the North 1/2 of Section 27" for the estimated total cost of $339,107 93, based upon the Engineering Department's 2Sti0dt8 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, the Council does hereby authorize the use of $339,107.93 from the [iV0nid/s County Drain Fund between May 15 and July l, 1990, with the provision that /l\ the CVUOtv Drain Fund be reimbursed from that portion Of the project which is to be financed by special assessment at such time as funds are available from the future special assessment bond issue, and /2\ the County Or8f; Fund be reimbursed for the City's portion of the project at such time as funds may be available from the Michigan Transportation Fund (Major Road Account), 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 d contract for and on behalf Of the City of Livonia with the aforesaid bidder and to d0 all other things necessary or incidental to the full performance of this resolution #391-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 4, 1990, which bears the signature of the Finance Director and is approved 25716 the unit price bid of G.V. Cement Contracting Company, 13785 Monterey, Southgate, Michigan 48195, for the 1990 Concrete �L Pavement Repair Program (Contract 90-H\ for the estimated total -- cost of t153,340 50, 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, the Council does hereby appropriate and authorize the expenditure Of the sum of $153,340,50 from the Unexpended Act Sl Funds /Local Road Account) for this concrete pavement program with the provision that the Fund be reimbursed at such time as funds are available from the $72 million General Obligation Road Improvement Bond Issue, 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 #392-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 5, 1990° which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council d08S hereby accept the unit price bid of Continental Contracting, Inc , 24258 Sorrentino Court, Mt. Clemens, Michigan 48043, for the 1990 Lane Line Marking Program (Contract 90-F\ for the estimated total cost Of $13°847 80, 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, the Council does hereby appropriate a sum not to exceed $13,847.80 from the Michigan Transportation Fund (Major Road ACCoUOt\ 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. #393-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 4, 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 Peter A Basile Sons, Inc " 12152 Merriman Road, Livonia, Michigan 48150, for the improvement of Glendale Avenue from East of Westmore Avenue at end of pavement to approximately 780 feet East of end of pavement With a 34 foot wide Concrete pavement with Curbs and gutters (Alternate I) for the estimated total CV3t Of $148,760 15, based upon the Engineering Department's estimate of units involved, and subject 25717 #394-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 4, 1990, which bears the signature of the Finance Director and is approved for Submission by the Mayor, and which transmits final cost information with regard to the improvement of Westmore Avenue, Seven Mile to 150' North (S A D No 328), the Council does hereby determine as follows a \ To authorize lowering the assessments as set forth in the confirmed assessment roll for S A D. No. 328, the revised assessments to be based upon an assessment rate Of $26 70 p f f ° rather than $46 OU, b \ TO establish the final project cost at $14,410 27, of which $6°675.00 is to be charged to the special assessment district and $7,744 27 is to be assumed by the City's Michigan Transportation Fund receipts (Local Road Account), and c \ To authorize an expenditure in the amount of $14v419'27 from the $7.9 or $9 8 million General Obligation Road Improvement Bond Issue with the provision that the 8nOd Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue /$6"679 00\ and Michigan Transportation Fund receipts /$7,744 27\ #395-90 RESOLVED, that having considered the report and recommendation Of the City Engineer dated April 4, /990, which bears the signature Of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with regard to the improvement of Shadyside Avenue, Seven Mile to 240 ft North /3 A D. NO 327\, the Council t0 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, the Council does hereby authorize an appropriation in the amount of $148,760 75 from the City's Michigan Transportation Fund (Major Road Account) with the provision that it be reimbursed in part by /l\ the Water and Sewer Board, pursuant to Resolution WS 2883-3/9 (not to exceed $38,000) and (2) the $48,000 to be paid by Best Block Company upon completion, as stated in the Land Purchase Agreement between the City and Best Block Company, authorized by Council Resolution 308-88, 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 #394-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 4, 1990, which bears the signature of the Finance Director and is approved for Submission by the Mayor, and which transmits final cost information with regard to the improvement of Westmore Avenue, Seven Mile to 150' North (S A D No 328), the Council does hereby determine as follows a \ To authorize lowering the assessments as set forth in the confirmed assessment roll for S A D. No. 328, the revised assessments to be based upon an assessment rate Of $26 70 p f f ° rather than $46 OU, b \ TO establish the final project cost at $14,410 27, of which $6°675.00 is to be charged to the special assessment district and $7,744 27 is to be assumed by the City's Michigan Transportation Fund receipts (Local Road Account), and c \ To authorize an expenditure in the amount of $14v419'27 from the $7.9 or $9 8 million General Obligation Road Improvement Bond Issue with the provision that the 8nOd Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue /$6"679 00\ and Michigan Transportation Fund receipts /$7,744 27\ #395-90 RESOLVED, that having considered the report and recommendation Of the City Engineer dated April 4, /990, which bears the signature Of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with regard to the improvement of Shadyside Avenue, Seven Mile to 240 ft North /3 A D. NO 327\, the Council 25718 a l TO authorize lowering the assessments as set forth in the confirmed assessment roll for 3,A D NO 327, the revised assessments to be based upon an assessment rate of $25 65 p f.f , rather than $46 OO, b \ TO establish the final project cost at $20,994 40* of which $3,821.85 is to be charged to the special assessment district and $17,172 55 is to be assumed by the City's Michigan Transportation Fund receipts (Local Road Account), and o.) To authorize an expenditure in the amount of $20,994.40 from the $7.9 or $9 8 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 ($3,821-85) and the City's Michigan Transportation Fund receipts /$17`172 55\ #396-90 RESOLVED, that having Considered the report and recommendation Of the Fire Chief dated April 2" 7990, which bears the signature Of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the lease/rental of an A B Dick 2025 with document feeder for the yearly estimated total cost Of $1,944 30, plus a one-time installation and removal charge of $140 OO, as well as $70.00 N�m for get-up supplies, in the manner and form detailed in the aforesaid communication, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3 04,14OD5 Of the Livonia Code of Ordinances, as amended. #397-90 RESOLVED, that having considered a letter from Doug Kurti3, Race Director of the Road Runner Classic, dated March 26, lySO, the Council does hereby approve and authorize the annual Roadrunner Classic Race to be held on July 28, 1990, which race would start on Stark Road, South of Lyndon, go South On Stark Road to the Jeffries Service Drive, West on the Service Drive to Levan Road, North on Levan to Lyndon, East on Lyndon to Fdirlane, North on Fairlane to Five Mile, East On Five Mile to Farmington Road, South OO Farmington Road to Lyndon and West on Lyndon to Stark and then finish, further, the Council does hereby require that the sponsor of this race shall bear the cost Of the Division Of Police providing its services with respect to this event #398-90 RESOLVED, that having considered the report and recommendation of the Superintendent of Parka and Recreation dated April 0, 1990, approved for submission by the Mayor and the Finance Director, and which transmits Parks and Recreation Commission Resolution 2078-90, wherein it is recommended that 25719 permission be granted for the use of Ford Field by area sporting goods stores to sell baseball equipment during team photo sessions, such sales to be limited to Saturday, May 12, 1990, and Saturday, June 2, 1990, between the hours of 8 00 A M and 5 00 P M , the Council does hereby concur in and approve of this request in the manner and form herein submitted #399-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated April 5, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize retaining the services of Air -Land Surveys, Inc , P 0 Box 326, 7990 M-15, Clarkston, Michigan 48016, for having an aerial survey flown, topographic maps prepared, and volume computations made for the City's sanitary landfill site for the price of $2,600 00, the same to be appropriated and expended from the Unexpended Fund Balance Account of the Municipal Refuse Fund for this purpose, further, the Council does hereby authorize the said item without competitive bidding, in accordance with the provisions set forth in Section 3 04 140D2 of the Livonia Code of Ordinances, as amended #400-90 RESOLVED, that having considered the report and recommendation of the Planning Director dated April 6, 1990, approved for submission by the Mayor, the Council does hereby take this means to state its informal approval of the proposed 1990-91 Community Development Block Grant Program and Budget, and to authorize holding a public hearing on this matter for public comment as required by law, the results of such meeting to be submitted with a final program and budget for formal consideration by the City Council #401-90 RESOLVED, that having considered a communication from the City Planning Commission dated April 3, 1990, which transmits its resolution 3-317-90 adopted on March 27, 1990, with regard to Petition 90-2-2-2, submitted by Livonia Jaycees requesting waiver use approval to conduct their annual Spring Carnival at Ladbroke DRC on May 17, 1990, through May 28, 1990, which property is located at the Southeast corner of Schoolcraft Service Drive and Middlebelt Road in the Northwest 1/4 of Section 25, and which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 90-2-2-2 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 communication from the Planning Director, dated April 9, 1990 re Council Resolution 1131-89 concerning the concept of a conservation easement and possible integration of same with City ordinances in connection with Petition 89-1-1-2 was received and placed on file for the information of the Council 25720 NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Clerk and the Finance Director are each authorized to notify the Department of Treasury of the City's intent to issue both issues of the bonds described in the preamble to this resolution and request orders providing an exception for both issues of the bonds from prior approval by the Department of Treasury 2 The City agrees to pay to the state the filing fees prescribed by law in connection with the issuance of an obligation with respect to both issues of the bonds described in the preamble to this resolution 3 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution by and the same hereby are rescinded #403-90 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, has authorized the publication of a Notice of Intent in connection with the issuance and sale by the Municipal Building Authority of Livonia of the Authority's Building Authority Bonds, Series 1990 pursuant to Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, in an amount of not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000), for the purpose of acquiring and constructing a new Senior Citizens Housing Facility, together with all site improvements, equipment, furnishings and appurtenances and attachments therefor ("Housing Improvements") #402-90 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan (the "City"), intends to authorize the issuance and sale of 1990 Special Assessment Limited Tax Bonds pursuant to Act 279, Public Acts of Michigan, 1909, as amended, in an amount of not to exceed Two Million Dollars ($2,000,000), and General Obligation Unlimited Tax Bonds, Series 1990 pursuant to Act 279, Public Acts of Michigan, 1909, as amended in an amount not to exceed Two Million Dollars ($2,000,000) both for the purpose of defraying all or any part of the costs of acquiring and constructing various public improvements in the City, and WHEREAS, prior to issuance of both issues of the bonds the City must either receive prior approval of the bonds from the Michigan Department of Treasury or be exempt from prior approval as provided in Chapter III, Section II of Act 202, Public Acts of Michigan, 1943, as amended, and WHEREAS, in order to be exempt from prior approval, the City must notify the Department of Treasury of its intent to issue both issues of the bonds and must agree to pay the filing fees required by the aforesaid act NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Clerk and the Finance Director are each authorized to notify the Department of Treasury of the City's intent to issue both issues of the bonds described in the preamble to this resolution and request orders providing an exception for both issues of the bonds from prior approval by the Department of Treasury 2 The City agrees to pay to the state the filing fees prescribed by law in connection with the issuance of an obligation with respect to both issues of the bonds described in the preamble to this resolution 3 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution by and the same hereby are rescinded #403-90 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, has authorized the publication of a Notice of Intent in connection with the issuance and sale by the Municipal Building Authority of Livonia of the Authority's Building Authority Bonds, Series 1990 pursuant to Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, in an amount of not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000), for the purpose of acquiring and constructing a new Senior Citizens Housing Facility, together with all site improvements, equipment, furnishings and appurtenances and attachments therefor ("Housing Improvements") 25721 and to acquire, construct, furnish and equip an addition to the Citv'S existing Court Facilities, together with all |� appurtenances and attachments therefor ("Court Facilities") �~^ ` ' in the City, and WHEREAS, prior to issuance of bonds the Authority and/Or the City 0U3t either receive prior approval of the bonds from the Michigan Department of Treasury Or be exempt from prior approval as provided in Chapter III, Section Il Of Act 202" Public Acts of Michigan, 1943, as amended, and WHEREAS, in order to be exempt from prior approval, the Authority must notify the Department of Treasury of its intent to issue the bonds and must agree to pay the filing fees required by the aforesaid ant NOW, THEREFORE, BE IT RESOLVED THAT l The City Clerk and Finance Director are each authorized to notify the Department Of Treasury of the Authority's intent to issue the bonds described in the preamble to this resolution and request an order providing an exception for the bonds from prior approval by the Department of Treasury f 404-90 RESOLVED, that having considered a communication from the City Engineer, dated March 22, 1990, approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 16 24 310 Of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to the proposed installation of ornamental street lighting with underground wiring in the Arbor Park View Subdivision, located in the Southeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number Of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the o0St should be 2 The Authority has already agreed to pay to the state the filing the issuance of an fees prescribed by obligation with respect law to in connection with the bonds described in the preamble to this resolution 3 All resolutions and parts Of resolutions insofar as they conflict with the provisions Of this resolution by and the same hereby are rescinded f 404-90 RESOLVED, that having considered a communication from the City Engineer, dated March 22, 1990, approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 16 24 310 Of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to the proposed installation of ornamental street lighting with underground wiring in the Arbor Park View Subdivision, located in the Southeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number Of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the o0St should be 25722 paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of March 22, 1990, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, June 18, 1990 at 7 30 P.M as the date and time for a public hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code 1405-90 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, June 27, 1990 at 7 30 P M at the City Hall, 33000 Civic Center Drive, Livonia, Michigan with respect to the following item Petition 90-1-1-1, submitted by Elio and Rafaela Giovannone and Guiseppe and Lucia D'Aguanno, for a change of zoning of property located at the southeast corner of Middlebelt Road and St Martins Avenue in the Southwest 1/4 of Section 1, from C-1 to C-2, the City Planning Commission in its resolution 3-323-90 having recommended to the City Council that Petition 90-1-1-1 be denied, FURTHER, THE City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution 25723 #406-90 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, May 30, 1990 at 7.30 P M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan with respect to the following item• Petition 90-2-1-4, submitted by Frank Janna for Pentagon Properties, for a change of zoning of property located on the east side of Haggerty Road north of Seven Mile Road in the Southwest 1/4 of Section 6, from P.0 and M-1 to C-2, the City Planning Commission in its resolution 3-316-90 having recommended to the City Council that Petition 90-2-1-4 be denied, FURTHER, THE City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #407-90 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, June 18, 1990 at 7 30 P M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan with respect to the following item Petition 90-2-6-2, submitted by the City Planning Commission on its own motion to amend Sections 9 05, 10 05 and 30 06 of Zoning Ordinance 543 regarding the height of buildings permitted in P S , C-1 and C-2 and C-3 districts, the City Planning Commission in its resolution 3-320-90 having recommended to the City Council that Petition 90-2-6-2 be approved, 25724 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 /d\ 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, UChala, Feenstra, Toy and McCott8r NAYS None. On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was 1408-90 RESOLVED, that having Considered the report and recommendation of the Legislative Committee dated April lO, --' 1490° and Submitted pursuant to Council Resolution 965-88 in connection with a letter from Mr and Mrs J J Chm1elewSkf, 18287 Gillman, Livonia, Michigan, dated September 27, 1988, with regard to problems caused by cats running at large in their neighborhood, the Council does hereby request that the Department Of Law submit its report and recommendation on the adoption of an ordinance amendment which would regulate cats s0 as to require licensing and vaccination, prohibit agressiYe behavior and place a limitation on the number Of cats which may be permitted at a residence On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was 25725 #409-90 RESOLVED, that having considered the report and recommendation Of the Legislative Committee dated April lO, �-- 1900, and submitted pursuant to Council Resolution 946-88 in connection with the question of amending the dog ordinance with respect to the definition of "vicious dogs" as well as the inclusion of a provision requiring dog owners to have liability insurance, the Council does hereby determine to take no further action On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #410-90 RESOLVED, that having considered the report and recommendation Of the Legislative Committee dated April 10, 1990, and submitted pursuant to Council Resolution 993-88 in connection with a proposed amendment to Chapter 12 20,110 /Public Land) of the Livonia Code of Ordinances for the removal of pet feces from public school property as well as City public land property, the Council does hereby determine to take no further action Councilman F88n5trd took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTION lOO TO TITLE 8, CHAPTER 24 (NUISANCES) OF TUE [IVONlA CODE OF ORDINANCES, AS AMEND[D, A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, JUrCisin, OChalD° FeenStra, Toy and MCCOtter, MAYS None The President declared the foregoing Ordinance duly adopted, and would become effective OO publication On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted~ it was #411-90 RESOLVED, that having considered the report and recommendation of the Legislative C0mmitte dated April 10, 1990, and submitted pursuant to Council Resolution 100-89 in connection with a letter from Scott HeinZ0an, 37601 GraMtlaUd, Livonia, 25726 January 5, 1989, which requests an amendment to Section 6 04 340 of the Livonia Code of Ordinances, with respect to restrictions governing barking dogs, the Council does hereby request that the Department of Law submit its report and recommendation with regard to the following items a) Provisions which govern animal noise, b) Citizen complaints which are intended to harass other citizens, and c) A proposed ordinance amendment which would require the posting of a bond in a court case by a complaining citizen against another citizen On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #412-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 11, 1990, and submitted pursuant to Council Resolution 906-88, the Council does hereby take this means to indicate that it will develop a strategy which opposes intrastate transfers of a business in order to obtain a tax abatement since such transfers are not in the best interests of the State or cities within the State, further, the Council would recommend to Government and State legislators that Section 22 of Act 198 be amended to read as follows A new exemption shall not be granted under this act after the effective date of this section for a new operation in this State of an owner who currently has another business operation in this State which would be moved from its current location to the new location in the State or, for an operation in this State that is being moved to another location within this State On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #413-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 11, 1990, and submitted pursuant to Council Resolution 35-90 in connection with a letter from the Michigan Liquor Control 25727 Commission dated October 11, 1989, and the report and recommendation of the Chief of Police dated November 21, 1989, with regard to a request from Faieza Habbo for transfer of a 1989 SDM licensed business from Marilyn A Bennett for a business located at 19036 Middlebelt, Livonia, Michigan 48152, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council denies the said request and would not recommend that the said application be approved by the Michigan Liquor Control Commission, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #414-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 17, 1990, and submitted pursuant to Council Resolution 9-89 in connection with the firefighters portion of the General Budget concerning overtime costs and shutdown of fire equipment in the Fire Department, and having also considered the report and recommendation of the Mayor and Fire Chief dated April 16, 1990, the Council does hereby receive and file the aforesaid report and recommendation regarding budgeted versus actual overtime costs for the fiscal years 1986 through 1989 On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #415-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 17, 1990, and submitted pursuant to Council Resolution 9-89 in connection with the firefighters portion of the General Budget concerning overtime costs and shutdown of fire equipment in the Fire Department, and having also considered the report and recommendation of the Mayor and Fire Chief dated April 16, 1990, the Council does hereby request that the Mayor submit a report and recommendation on the costs of call back overtime to avoid shutdown of fire equipment On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #416-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 17, 25728 1990, and submitted pursuant to Council Resolution 10-89 in connection with the firefighters portion Of the General Budget concerning overtime costs and shutdown of fire equipment in the Fire Department, and having also considered the report and recommendation Of the Mayor and Fire Chief dated April 18° 1990, the Council does hereby receive and place on file the aforementioned report and recommendation regarding the City's adjusted operating budget for the fiscal years 1984 through 1989 Showing the Fire Department's percentage of the total budget, an analysis of the firefighter activities for the years 1986 through 1989° and financing for firefighter/EMS services to meet the City's future needs On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #417-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 17, 1990, and submitted pursuant to Council Resolution 10-89 in COHDecti0M with the firefighters portion of the General Budget concerning overtime costs and shutdown of fire equipment in the Fire Department, and having also considered the report and recommendation of the Mayor and Fire Chief dated April 16, 1990, the Council does hereby request that the Mayor and Fire Chief submit their respective reports and recommendations on the current work load of the Fire Marshall Division Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE l[[ OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 89-10-1-30\ A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, JurciSin, Uchala, Feenstya, Toy and MoCotter NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 25729 Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 89-10-1-31) A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, Jurcisin, Ochala, Feenstra, Toy and McCotter NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance EN AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 89-10-1-32) A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, Jurcisin, Ochala, Feenstra, Toy and McCotter NAYS None The 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 AMENDING SECTIONS 2, 4, 5, 10 AND 18 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF 25730 ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING W�~ ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 89-11-1-33) A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, JurCisin, Ochdla, Feenstra° T»» and MCC0tter, MAYS. NOne, The President declared the foregoing Ordinance duly adopted, and would become effective OO publication. Councilman JurCi3in gdVP first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 08 OF ARTICLE I{ AND SECTION 11 03 OF ARTICLE XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF [IVONIA ZONING ORDINANCE" (Petition 89-1-6-1\ The foregoing Ordinance, when adopted" is filed in the Journal of Ordinances U� in the office of the City Clerk and is the same as if *mrd for word repeated herein On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #418-90 RESOLVED, that having considered a letter from the Department of Law, dated April 3, 1990, approved by the Planning Director, and to which is attached a proposed amendment to the Zoning Ordinance which sets forth 8 definition of restaurant uses as well as the regulation of restaurant waiver uses in C-2 Zoning Districts, and which ordinance was given first reading at the regular meeting of April 25, 1990 by Councilman JUrcisin, the Council does hereby refer this item to the Legislative Committee for its report and recommendation COVDCil0aO FeeO3tra gave first reading to the following Ordinance 25731 AN ORDINANCE REPEALING SECTION 050, AMENDING SECTIONS 060 AND 090 AND ADDING SECTION 120 TO TITLE 5, CHAPTER 59 (PRECIOUS METAL AND GEM DEALERS) OF THE LIVON}A CODE OF ORDINANCES, AS AMENDED 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 On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #419-90 RESOLVED, that having considered a letter from the Department Of Law, dated April ll, 1990, to which is attached a proposed amendment to the Livonia Code Of Ordinances (Precious Metal and G80 Dealers), wherein the ordinance provision prohibiting dealers from paying for items in cash would be deleted, as well as providing a requirement that dealers record the date and time of all transactions and provide specific language with respect to the circumstances in which a certificate of registration may be revoked, and the said ordinance amendment having been given its first reading at the regular meeting of April 25, 1990, by Councilman Feenstra, the Council does h8r8h« refer this item to the Legislative COmffittge for its report and recommendation. Councilman Taylor gave first reading to the following Ordinance - AN ORDINANCE AMENDING SECTION 070 OF TITLE 2, CHAPTER 04 /RULES OF THE COUNCIL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the Sdmp as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilwoman Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TIT[[ 2, CHAPTER 04 (RULES OF THE COUNCIL) OF THE LIVONlA CODE OF ORDINANCES, AS AMENDED 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 25732 ',ext regular meeting Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 89-12-3-8) 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 Councilman OChala gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 89-12-3-9\ 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 Lherein The above Ordinance was placed on the table for consideration at the next regular meeting. On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #420-90 RESOLVED, that having considered a petition submitted by certain citizens dated March 17^ 1990, requesting a revision of Section 4 02(g) Of Zoning Ordinance 543 S0 as to delete the 36 -hour within d seven-day period time limitation, the Council does hereby determine to take no further action On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #421-90 RESOLVED" that having considered a cumrrunication from the City Clerk, dated April 4, 1990, which indicates that the proprietor of Levan Court Subdivision, situated in the Northeast 1/4 of Section 32, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for 25733 final approval, and the Council having received a communication from the City Planning Commission, dated April 3, 1990, wherein said Commission approves the final plat for the said subdivision in its resolution 3-328-90, adopted on March 27, 1990, and the Council having considered a report from the City Engineer, dated March 27, 1990, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 1015-89, adopted on November 1, 1989, said preliminary plat having been recommended for approval by the City Planning Commission on June 27, 1989, in its resolution 6-149-89, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Levan Court Subdivision, located in the Northeast 1/4 of Section 32, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #422-90 RESOLVED, that the Council does hereby determine that the street designated as Van Court, which is located East of Levan Road and South of Plymouth Road in the Levan Court Subdivision in the Northeast 1/4 of Section 32, shall be hereby renamed "Elmira" and directs the Department of Public Works to take all necessary action to effectuate this resolution, further, the Council does hereby request the City Clerk to forward a certified copy of the same to the Michigan Auditor General and to further have a certified copy of this resolution recorded in the Office of the Wayne County Register of Deeds, together with his certificate indicating the name or names of any plat, subdivision or addition affected by this resolution, as well as do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was 1423-90 RESOLVED, that having considered a communication from the City Planning Commission dated April 3, 1990, which transmits its resolution 3-324-90 adopted on March 27, 1990, with regard to Petition 87-8-2-39, submitted by Bill Brown Ford, requesting approval of revised plans in connection with waiver use approval to renovate and construct an addition to the existing building 25734 located on the north side of Plymouth Road between Hubbard and Merriman Roads in the Southeast 1/4 of Section 27° which property �`- is zoned C-2, the Council does hereby concur in the recommendation made by the Planning C0nnni65iOn and the revised plans dated March 26° 19¢0 submitted in connection with Petition 87-8-2-39 are hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #424~90 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated March 26, 1990, and the report and recommendation of the Director Of Building Inspection dated April Yl, 1990, the Council does hereby approve the request from Marriott Diversified American Hotels, Limited Partnership and Marriott Hotels, Inc , co -licensees, for transfer of ownership of 7989 72 Months Resort B -Hotel Licensed Business with Dance Permit, located at 77100 Laurel Park, Livonia, Michigan, Wayne County, from Marriott Corporation, and the City Clerk is hereby requested to forward a certified copy Of this resolution to the Michigan Liquor Control Commission On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #425-90 RESOLVED, that having considered a letter from the law firm Of Brashear, TangOra and Spence dated April 12° 1990, and submitted in behalf of their client, NikOlaO3 M. MoUtafi3, wherein a request is submitted for consent to an assignment from NfkVlaVs M. MOutdfis to M0utafis, Inc , of the concession agreement with the City Of Livonia dated November 1° 1989, with respect to the concession at the Whispering Willows Golf Course, the Council d08S hereby authorize the Mayor and City Clerk for and on behalf Of the City Of Livonia to execute the consent to the Said concession agreement in the manner and form herein submitted and to d0 all things necessary and incidental to the full performance of this reg07Vti0D On a motion by Councilman Jurcisin, seconded by Councilman Taylor, #426-90 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Ford Motor Company, The American Road, Dearborn, Michigan 48121, dated 25735 February 9, 1990, covering new industrial facilities /AOD Transmission) to be located within City of Livonia Industrial Development District No. l, and WHEREAS, the City Clerk has notified in writing the Assessor Of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i 8 , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Ford Motor Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing On this Application and said hearing having in fact been conducted at 7 OU P M , Wednesday, April 4, 1990, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS That the City Council" on the basis Of the information received from the applicant, Ford Motor Company, finds and determines /O\ that the granting of this industrial facilities exemption certificate Shall not have the effect of substantially impeding the Operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad Valorem property tax in the local governmental unit in which the facility is to be located, and /b\ the applicant has fully complied with the requirements Of Section Q, Act No 198, P A 1974 (or Act 255 of P A. 1978), as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Ford Motor Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No l, for 12 years. 3 Further, that the City Council does hereby approve the requested three-year construction period in the manner and form requested A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, JUrCiSin, Fe8n5tra, Toy and McC0tter NAYS, Ochala. The President declared the resolution adopted 2573@ it was On a motion by Councilman Taylor, seconded by Councilwoman Toy, #427-90 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Ford Motor Company, The American Road, Dearborn, Michigan 48121, dated February q, 1990, covering new industrial facilities (Test Services Modernization Program)) to be located within City Of Livonia Industrial Development District No. l, and WHEREAS, the City Clerk has notified in writing the Assessor of the City VF Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i.e ° the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Ford Motor Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and Said hearing having in fact been conducted at 7 00 P.M., Wednesday, April 4, 1990, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIV0NIA AS FOLLOWS. That the City Council, on the basis of the information received from the applicant, Ford Motor Company, finds and determines- /a\ that the granting of this industrial facilities exemption certificate shall not have the effect of Substantially impeding the operation Of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and /b\ the applicant has fully complied with the requirements of Section 9, Act No. 198, P A 1974 /Or Act 255 of P K 1978\, at amended. 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Ford Motor Company covering new industrial facilities to be located within the City Of Livonia Industrial Development District No. l, for 12 years I Further, that the City Council dogs hereby approve the requested three-year construction period in the manner � and form requested. roll call vote was taken OD the foregoing resolution with the following result AYES Taylor, Jurcisin, FeeMstra, Toy and MCCotter. NAYS Ochala' The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, #428-98 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Ford Motor Company, The American Road, Dearborn, Michigan 48121, dated February Q, 1990° covering new industrial facilities /AODW\ to be located within City of Livonia Industrial Development District No l, and WHEREAS, the City Clerk has notified in writing the Assessor of the City Of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, � | e , the City 0f Livonia, and advised each Of them that the ~ said Application has been received, and WHEREAS, the City Council has afforded Ford Motor Company, the Assessor, and a representative of each Of the affected taxing units On opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 P.M., Wednesday, April 4` 1990, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1, That the City Council, On the basis Of the information received from the applicant, Ford Motor Company, finds and determines- (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness Of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and /b\ the applicant has fully complied with the requirements of Section 9, Act No. 198, P,A 1974 (or Act 255 of P A. 1078), as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from 0�- Ford Motor Company covering new industrial facilities to be located within the City Of Livonia Industrial Development District NO. l, for 12 years. 3. Further, that the City Council does hereby approve the requested three-year construction period in the manner and form requested A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, JurCisin, Feenstra, Toy and McCotter. NAYS OChala. The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #429-90 RESOLVED, that having considered a communication from the City Planning Commission dated February 16, 1990, which � sets forth its resolution 1-276-90 adopted on January 30° 1990, with regard to Petition 89-72-1-36 submitted by the City Planning Commission, pursuant to Council Resolution 1105-89, for a change of zoning On property located on the west side of Newburgh Road between A0rhein Road and Plymouth Road in the Southeast 1/4 of Section 30, from RUF to R-9, and the Council having conducted a public hearing with regard to this matter on April 18, 1990, pursuant to Council Resolution 156-00, the Council does hereby concur in the recommendation of the Planning Commission and the Said Petition 89-12-7-36 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 Sa02 to the Department of Law Ond,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 Councilwoman Toy, and unanimously adopted, it was #430-90 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation with respect to the dangerous traffic conditions that exist at the intersection of Plymouth and Newburgh Roads. 25739 On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #431-90 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 338, more particularly described in Council Resolution 218-90 adopted on March 14, 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 on Tech Center Drive, north of Plymouth Road, in said Special Assessment District No 338, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that 100 watt high pressure sodium lights on ornamental davitt poles with underground wiring shall be installed on Tech Center Drive, north of Plymouth Road in the Southeast 1/4 of Section 26, and that the assessments set forth in said Special Assessment District No 338 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 338 based on installation of 100 watt high pressure sodium lights on ornamental davitt poles with underground wiring on Tech Center Drive, north of Plymouth Road located in the Southeast 1/4 of Section 26 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 Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #432-90 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 339, more particularly described in Council Resolution 219-90 adopted on March 14, 1990, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code Of 0rdiDaOces, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment Q� roll prepared by the City Assessor to cover the district in -- which street lighting is to be installed, such roll having been prepared OD the basis of street lighting being installed in Belden Industrial Subdivision, in said Special Assessment District NV 339" NOW, THEREFORE, BE IT RESOLVED, that the Said Council dO8S h8n3b« determine that 100 watt high pressure sodium lights on ornamental davitt poles with underground wiring shall be installed in Belden Industrial Subdivision in the Southwest 1/4 Of Section 28, and that the assessments Set forth in said Special Assessment District No 339 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. 339 based On installation Of 100 watt high pressure sodium lights OO ornamental davitt poles with underground wiring in Belden Industrial Subdivision in the Southwest 1/4 of Section 28 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 Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #433-90 RESOLVED, that having considered d communication from the City Planning Commission, dated February 16, 1990, which Sets forth its resolution 7-280-90 adopted on January 30° 1990° with regard to Petition 89-12-6-9, submitted by the City Planning Commission to determine whether Or not to amend Section 18 38 Of Zoning Ordinance 543 with respect to off-street parking requirements for apartments and condominiums, and the Council having conducted a public hearing with regard to this matter OM April 18, 1990, pursuant to Council Resolution 217-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-12-6-9 as revised (increase 3-1/4 spaces to 3-1/2 spaces and increase 4-1/4 spaces to 4-1/2 spaces) is hereby approved and granted, and the Department Of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 25741 On d motion by Councilman Taylor, seconded by Councilman Ochala, Land unanimously adopted, it was #434~90 RESOLVED, that having considered d cO00UOic8tiVM from the City Planning Commission, dated February 76, 1990, which sets forth its resolution 2-290-90 adopted On February 13, 1990, with regard to Petition 90-1-6-1, submitted by the City Planning Commission to determine whether or not to amend Sections 2,08 and ]l.U] Of Zoning Ordinance 543 so as to provide standards and requirements for the location and control Of drive-thru restaurants, and the Council having conducted d public hearing with regard to this matter on April 18, 1990, pursuant to Council Resolution 217-90° the Council does hereby CODcVr in the recommendation of the Planning Commission and the Said Petition 90-1-6-1 is hSr8hv approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On d motion by Councilman JUrcisfn, seconded by Councilman Taylor, and unanimously adopted, it was #435~90 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 304-90 adopted on March 26° 1990, in connection with Petition 88-10-1-33 submitted by Kenneth L Neumann for Duke Associates, wherein the Council did refer this item back to the Committee of the Whole for its report and recommendation. On a 0OtiOO by Councilman JUrCisin, seconded by Councilwoman Toy, and unanimously adopted, it was #436-90 RESOLVED, that having considered the report and of the Committee of the Whole dated March 27, 1990, and submitted pursuant to Council Resolution 462-89 in CnOMeotiOn with a communication from the City Planning Commission dated February 16, 1989, which sets forth its resolution 2-30-89, adopted on February 14, 1989° with regard to Petition 88-10-1-33° submitted by Kenneth Neumann for Duke Associates, requesting a change Of zoning on property located on the east side Of Haggerty Road north of Six Mile Road in the Southwest 1/4 Of Section 7 from R -5C and P L to P 0 and from P L. to P U III, and the Council having conducted a public hearing with regard to this matter on April 19, 1989, pursuant to Council Resolution 217-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-10-1-33 is hereby denied for the sd0S reasons as those set forth in the action taken by the Planning Commission. 25742 On a motion by Councilman Jurcisin, seconded by Councilman Ochala, it was #437-90 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the topic of slow growth legislation The President relinquished the Chair to the Vice President at 9 08 P M to speak against the proposed resolution A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Feenstra, Toy and Jurcisin NAYS Taylor and McCotter The Vice President declared the resolution adopted The President resumed the Chair at 9 10 P M On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #438-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated March 29, 1990, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which sets forth a detailed list of cash contributions totaling $6,376 45 for use in the Drug Abuse Resistance Education program, the Council does hereby for and on behalf of the City of Livonia accept the said cash donations and authorize their deposit in Account 702-000-285-211 for use in the D A R E Program On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #439-90 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 Taylor, and unanimously adopted, it was it was d\ l - Portable 150 CFM Air Compressor /10` X 6' X 6/\, b\ 20 - 8" PVC pipe, c\ 20 - 8" Concrete pipe, d\ 20 - 8" Vetrified pipe (Storage space 20' X 10' x 4^\, and e\ l - Manhole structure On a motion by Councilman Jurcisin, seconded by Councilman Taylor, #441-90 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1990, which sets forth its resolution 2-300-90 adopted on February 27° 1990, with regard to Petition 90-1-1-3, submitted by Southwood Construction Company for Alexander Spiro for a change Of zoning On property located on the west Side of Harrison Avenue, north of Five Mile Road in the Southwest 1/4 Of Section 13, from R-91 and P.S. to R -C, and the Council having conducted a public hearing with regard to this matter on April 23, 1990, pursuant to Council Resolution 259-90, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation 25743 A roll call vote was taken On the foregoing resolution with the following result #440-90 RESOLVED, that having considered a communication from N�- the City Planning Commission dated March 8, 1990, which sets forth its resolution 2-304-90 adopted on February 27, 1990, with regard to Petition 89-12-2-56 submitted by Michigan Laborers' Training Institute requesting waiver use approval for outdoor storage of equipment and materials in conjunction with a proposed construction laborer's school to be located on the west side of Stark Road between 3ChoOlcpaft Road and Industrial Road in the Northeast 1/4 of Section 28, which property is zoned M-1, and the Council having conducted a public hearing with regard to this matter on April 23° 1990, pursuant to Council Resolution 221-90, the Council does hereby reject the recommendation Of the City Planning Commission and said Petition 89~12-2-56 is hereby approved and granted, said approval to be conditioned upon outdoor storage being limited to the following list of equipment and materials it was d\ l - Portable 150 CFM Air Compressor /10` X 6' X 6/\, b\ 20 - 8" PVC pipe, c\ 20 - 8" Concrete pipe, d\ 20 - 8" Vetrified pipe (Storage space 20' X 10' x 4^\, and e\ l - Manhole structure On a motion by Councilman Jurcisin, seconded by Councilman Taylor, #441-90 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1990, which sets forth its resolution 2-300-90 adopted on February 27° 1990, with regard to Petition 90-1-1-3, submitted by Southwood Construction Company for Alexander Spiro for a change Of zoning On property located on the west Side of Harrison Avenue, north of Five Mile Road in the Southwest 1/4 Of Section 13, from R-91 and P.S. to R -C, and the Council having conducted a public hearing with regard to this matter on April 23, 1990, pursuant to Council Resolution 259-90, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation 25743 A roll call vote was taken On the foregoing resolution with the following result 25744 AYES Taylor, Jurcisin, Ochala, Feenstra and McCotter NAYS Toy The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #442-90 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated April 24, 1990 and submitted pursuant to Council Resolutions 277-90, 351-90, 352-90 and 353-90 in connection with the City of Livonia Annual Audit Report for the year ending November 30, 1989, the City of Livonia 16th District Court Audit Report for the year ending November 30, 1989, the City of Livonia Economic Development Corporation Audit Report for the year ending November 30, 1989 and the City of Livonia Federal Financial Assistance Programs Supplemental Information Audit Report for the year ending November 30, 1989, all of which were prepared by the firm of Plante & Moran, the Council does hereby receive and place on file the forementioned audit reports On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, this 1,175th Regular Meeting of the Council of the City of Livonia was adjourned at 9 20 P M , April 25, 1990 Robe F Nash, City Clerk