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HomeMy WebLinkAboutCOUNCIL MINUTES 1984-08-29 21137 MINUTES OF THE ONE THOUSAND AND THIRTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 29, 1984, 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 approximately 8:06 p.m. Councilman Bennett delivered the invocation. Roll was called with the following result: Present: Robert R. Bishop, Robert D. Bennett, Peter A. Ventura, Robert E. McCann, Fernon P. Feenstra, Alice Gundersen, and Gerald Taylor. Absent: None. Elected and appointed officials present. Edward H. McNamara, Mayor, Robert F. Nash, City Clerk; Harry C. Tatigian, City Attorney; John J. Nagy, Planning Director; G. E. Siemert, Chief Engineer; Edith Davis, Personnel Director; Michael Reiser, Facility Maintenance Supervisor, Barney Knorp, Fire Chief, William Crayk, Police Chief; and David Katz, Administrative Assistant to the Mayor. By Councilman Ventura, seconded by Councilman Taylor, it was 1707-84 RESOLVED, that the minutes of the 1 ,036th Regular Meeting of the Council of the City of Livonia, held August 20, 1984, are hereby approved A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett*, Ventura, McCann, Feenstra, Gundersen*, Taylor, Bishop NAYS. None *Councilmembers Bennett and Gundersen abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.119 of the Livonia Code of Ordinances. By direction of the Chair, Agenda Item #5 regarding the Environmental Art Sculpture, was removed from the Consent Agenda and placed on the Regular Agenda. The following resolutions were offered by Councilman Feenstra and seconded by Councilman McCann: 21138 #708-84 RESOLVED, that having considered the report and L recommendation of the Director of Public Works, dated August 10, 1984, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of International Salt Company, Abington Executive Park, Clarks Sumrit, Pennsylvania 18411 , for supplying the Public Service Division (Road Maintenance Section with rock salt at the unit price of $17.67 per ton for the period September 1 , 1984 through September 1 , 1985, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby also accept the second low bid which meets specifications of Morton Salt Division, 110 North Wacker Drive, Chicago, Illinois 60606, for supplying the Public Service Division (Road Maintenance Section) with rock salt at the unit price of $18.18 per ton for the period September 1 , 1984 through September 1 , 1985, as an alternate source in the event the aforesaid low bidder is unable to furnish the said material . The communication from Robert J. Beckley, Supt. of Public Service, dated August 22, 1984, regarding a request by Mr. N. Vasilevsky to repair a broken concrete curb at the southwest corner of Mayfield and Plymouth Road, L was received and filed for the information of the Council . #709-84 RESOLVED, that having considered a communication from the City Assessor, dated August 10, 1984, approved for submission by the Mayor, with regard to a request from Mrs. Gladys Mino, 18900 Shadyside, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division and combination of Tax Item No. 46 033 01 0183 000 (09a183 to 185) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining the same into two parcels, the legal descriptions of which shall read as follows: PARCEL "A": Lot 185 and the North 25 feet of Lot 184 of "Seven Mile Super HIghway Subdivision" of the E 1/2 of the NE 1/4 of Section 9, T. 1 S. , R. 9 E. Livonia Twp. (Now City) Wayne Co. , Michigan rec'd. Liber 53 Plats, Page 50. W.C.R. PARCEL "B": Lot 183 and Lot 184 except the North 25 feet thereof of "Seven Mile Super Highway Subdivision" of the E. 1/2 of the N.E. 1/4 of Section 9, T. 1 S. , L R. 9 E. , Livonia Twp. (Now City) , Wayne County, Michigan rec'd. Liber 53 Plats, Page 50. W.C.R. 21139 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. #710-84 RESOLVED, that having considered a communication from the Fire Chief, dated August 1 , 1984, which bears the signature of the Director of Finance, is approved by the Director of Public Safety and is approved by the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $10,000 from the Overtime Account #101-338-709.000.000 to the Vehicle Maintenance Account #101-338-939.000.000, the action herein being taken for the reasons indicated in the aforesaid communication. #711-84 WHEREAS, the City of Livonia has received a request from Service Plastics, Inc. , 30930 Industrial Road, Livonia, Michigan 48150, dated August 15, 1984, which submits an application proposing the establishment of an industrial development district, and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 5.9104 acres lying in the West 1/2 of Section 30, as more particularly described in the attachment to the application which is hereby incorporated by reference and hereinafter referred to as Proposed City of Livonia Industrial Development District No. 22"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1 . The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 22. 2. This City Council sets Monday, October 1 , 1984, at 7:00 p.m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above. 21140 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. 1712-84 RESOLVED, that having considered a communication from the City Engineer, dated August 6, 1984, which bears the signature of the Finance Director and is approved for submission by the Mayor, submitted pursuant to Council Resolution 188-84, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Alexander and Sunbury, south of Five Mile to Jamison, 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 cost should be 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 August 15, 1984, 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, October 1 , 1984, at 7:00 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: None 21141 On a motion by Councilman Bennett, seconded by Councilman Taylor, Land unanimously adopted, it was #713-84 RESOLVED, that having considered a communication from the City Planning Commission, dated August 6, 1984, which transmits its resolution 7-148-84 adopted on July 31 , 1984, wherein the Commission did determine that the planned location for the environmental art sculpture as proposed by the Livonia Cultural League is in compliance with the Civic Center Master Plan and is appropriate and suitable for the placement of the sculpture, the Council does hereby concur in the proposed location. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #714-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 22, 1984, submitted pursuant to Council Resolution 696-84, in connection with a communication from the City Planning Commission, dated August 8, 1984, which transmits its resolution 8-151-84 adopted on July 31 , 1984 with regard to Petition 84-7-8-28 submitted by Spectradyne, Inc. , requesting site plan approval in connection with a proposal to construct a satellite antenna on property located on the west side of Laurel Park Drive, north of Six Mile Road, in Section 7, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 84-7-8-28 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, as well as the additional condition that the plan shall be modified so as to provide additional landscaping and that the satellite antenna shall be constructed three feet below grade. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 14 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 (Pet. 83-8-1-17, rezoning from RUF and P.L. to P.S. A roll call vote was taken on the foregoing Ordinance with the following result: 21142 L AYES: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman McCann left the podium at 8:22 p.m. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 13 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. (Pet. 83-12-1-22, rezoning from P L. to R9-I and P.S. ) A roll call vote was taken on the foregoing Ordinance with the following result: L AYES: Bennett, Ventura, Feenstra, Gundersen, Taylor, Bishop NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman McCann returned to the podium at 8:24 p.m. Councilman McCann took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 4 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 (Pet. 84-4-1-12, Rezoning from R-1 to R-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop LNAYS: None 21143 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: 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. (Pet. 84-4-1-13, rezoning from M-1 and C-1 to C-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE AMENDING EXHIBIT "F" (I) OF TITLE 5, CHAPTER 18 (THE METROVISION OF LIVONIA, INC. CABLE TELEVISION FRANCHISE ORDINANCE) 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 same as if word for word repeated herein. On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was 1715-84 RESOLVED, that having considered a comrunication from the Mayor, dated August 21 , 1984, to which is attached a proposed amendment to Exhibit F (I) of Title 5, Chapter 18 (Cable Television Franchise Ordinance) of the Livonia Code of Ordinances which would enable a homeowner to waive the 10' limitation presently prescribed with respect to CATV drops, and Councilman Taylor having given First Reading 21144 at the Regular Meeting conducted on August 29, 1984, the Council does hereby refer this item, together with other matters concerning this subject, to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Feenstra, Gundersen, Bishop NAYS: Ventura, McCann, Taylor The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #716-84 RESOLVED, that having considered a letter from St. Mary's Antiochian Orthodox Church, dated August 15, 1984, wherein a request is submitted for permission to erect 4' x 8' signs in the public right-of-way at 13 different locations within the City, the Council does hereby reject and deny this request in the manner and form herein submitted; provided, however, that the Council does hereby approve the installation of the aforesaid signs in the general areas referred to so long as the same are placed on private property with the permission of the property owner and so long as the signs are removed upon the closing of the Family Fun Fair but no later than September 25, 1984. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #717-84 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 3, 1984, which bears the signature of the Finance Director, is approved for submission by the Mayor and is submitted pursuant to Council Resolution 596-84, in connection with a letter from the Ziegler Place Association, dated June 25, 1984, wherein a request is submitted for the installation of a street light on St. Martins between the Sears parking lot and the driveway located at Ziegler Place, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company on forms provided by such Company for the installation of a 100 watt high pressure sodium light on an existing pole located on the northwest corner of the intersection of St. Martins and Melvin in the City of Livonia, Michigan, it being the determination of the Council that such lighting is required in order to protect the public safety of the residents of the community. 21145 On a motion by Councilman Ventura, seconded by Councilman Feenstra, it was #718-84 RESOLVED, that Melvin Belovicz, Farmbrook Construction Co. , Inc. , 22511 Telegraph, Suite 105, Southfield, Michigan 48034, as proprietor, having requested the City Council to approve the proposed preliminary plat of the Sunset Park Estates Subdivision to be located on the east side of Louise Avenue between Six Mile Road and Curtis in the Southeast 1/4 of Section 11 , City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said preliminary plat was given by the City Planning Commission, after due notice and a public hearing on February 2, 1982, such approval having been extended by the City Planning Commission pursuant to resolution 5-103-83 adopted on May 17, 1983 and resolution 7-124-84 adopted on July 10, 1984, the City Council does hereby approve of the said preliminary plat subject to the receipt of a report and recommendation by the Department of Public Works relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: Bennett The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated August 17, 1984, which transmits its resolution 8-162-84 adopted on August 14, 1984, with regard to sign permit applications #1154, #1155, #1156 and #1157 submitted by Radiant Electric Sign Company requesting approval to erect three wall signs and one ground sign on property located on the northeast corner of Seven Mile Road and Westmore in Section 3, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Applications #1154, #1155, #1156 and #1157, subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission. On a substitute motion by Councilman McCann, seconded by Councilwoman Gundersen, it was 21146 RESOLVED, that having considered a communication from the City Planning Commission, dated August 17, 1984, which transmits its resolution 8-162-84 adopted on August 14, 1984, with regard to sign permit applications #1154, #1155, #1156 and #1157 submitted by Radiant Electric Sign Company requesting approval to erect three wall signs and one ground sign on property located on the northeast corner of Seven Mile Road and Westmore in Section 3, the Council does hereby concur in the recommendation of the Planning Commission with respect to the three wall signs and approve the said Sign Permit Applications #1155, 1156, 1157, subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission; and the Council does hereby refer the matter of the ground sign (#1154) to the Committee of the Whole for its report and recommendation. President Bishop passed the gavel to Vice President Taylor at 8:45 p.m. On a motion by Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #719-84 RESOLVED, that a division of the question be made between the matter of the wall signs and the ground sign. Roll call votes were taken as follows: #720-84 RESOLVED, that having considered a communication from the City Planning Commission, dated August 17, 1984, which transmits its resolution 8-162-84 adopted on August 14, 1984, with regard to sign permit applications #1154, #1155, #1156 and #1157 submitted by Radiant Electric Sign Company requesting approval to erect three wall signs and one ground sign on property located on the northeast corner of Seven Mile Road and Westmore in Section 3, the Council does hereby concur in the recommendation of the Planning Commission with respect to the three wall signs and approve the said sign plan permit applications #1155, 1156, and 1157, subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission. AYES: Bennett, Ventura, McCann, Feenstra, Gundersen, Bishop, Taylor NAYS: None #721-84 RESOLVED, that having considered a communication from the City Planning Commission, dated August 17, 1984, which transmits its resolution 8-162-84 adopted on August 14, 1984, with regard to sign permit applications #1154, #1155, #1156 and #1157 submitted by Radiant Electric Sign Company requesting approval to erect three wall signs and one ground sign on 21147 property located on the northeast corner of Seven Mile Road and Westmore in Section 3, the Council does hereby refer the matter of the ground sign (#1154) to the Committee of the Whole for its report and recomnendation. AYES: Bennett, McCann, Feenstra, Gundersen NAYS: Ventura, Bishop, Taylor The President declared the resolutions adopted. Vice President Taylor returned the gavel to President Bishop at 8:55 p.m. On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #722-84 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Able Steel & Processing, Inc. , 35585 Industrial Drive, Livonia, Michigan, dated July 2, 1984, covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 15, 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 .e. , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, THE City Council has afforded Able Steel & Processing, Inc. , 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 8:00 p.m. , Wednesday, August 15, 1984, 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, Able Steel & Processing, Inc. , finds and determines: (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding 21148 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, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Able Steel & Processing, Inc. , covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 15, for nine (9) years. On a motion by Councilman Taylor, seconded by Councilman McCann, it was 1723-84 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing an area of approximately 0.80 acres lying in the Northwest 1/4 of Section 26 (Bureau of Taxation Parcel 26E13alb) , more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 21"; and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No. 21 ; and WHEREAS, on August 22, 1984, a public hearing was held on the establishment of proposed City of Livonia Industrial District No. 21 , at which time Prolith International , Inc. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ), and a representative of Prolith International , Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 21149 1 . An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 21 ." EXHIBIT A The North 350 feet of the South 660 feet of the West 99 feet of the East 264 feet of the North 1/2 of the N. W. 1/4 of Section 26, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan (Bureau of Taxation Parcel 26E13alb). A roll call vote was taken on the foregoing resolution with the following result• AYES• Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: Bennett The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was 1724-84 RESOLVED, that having considered a communication from the City Planning Commission, dated June 23, 1984, which sets forth its resolution 6-116-84 adopted on June 19, 1984, with regard to Petition 84-5-1-16 submitted by Robert Chouinard for a change of zoning on property located on the west side of Farmington Road, south of Norfolk, in the Northeast 1/4 of Section 4, from RUFA to P.S. , and the Council having conducted a public hearing with regard to this matter on August 15, 1984, pursuant to Council Resolution 550-84, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 84-5-1-16 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: Ventura The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was 21150 #725-84 RESOLVED, that having considered a communication from the City Planning Commission, dated June 22, 1984, which transmits its resolution 6-122-84 adopted on June 19, 1984, with regard to Petition 84-5-8-24 submitted by D.A.V. Contracting Company requesting site plan approval in connection with a proposal to construct a one-story masonry addition to an existing building located on the west side of Middlebelt Road between Schoolcraft and Five Mile Road in Section 23, pursuant to the provisions set forth in Section 18.58 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 84-5-8-24 is hereby denied inasmuch as the Council has determined as a matter of fact that the petitioner has failed to affirmatively demonstrate that the proposed site plan complies with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance, and for the further reason that by letter dated August 20, 1984, from John R. Carney, Attorney for D.A.V. Contracting Company, the said Petition 84-5-8-24 has been withdrawn. On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #726-84 RESOLVED, that having considered a communication from the City Planning Commission, dated July 25, 1984, which sets forth its resolution 7-137-84 adopted on July 24, 1984, with regard to Petition 84-7-1-18 submitted by Raymond Kalinowski , Kal & Co. , for a change of zoning on property located on the northeast corner of Six Mile and Haggerty Roads in the Southwest 1/4 of Section 7 from R-5-C and C-2 to P.O. , and the Council having conducted a public hearing with regard to this matter on August 22, 1984, pursuant to Council Resolution 643-84, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 84-7-1-18 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 No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: None On a motion by Councilman Ventura, seconded by Councilman Taylor, it was 21151 #727-84 RESOLVED, that having considered a communication from the City Planning Commission, dated July 30, 1984, which transmits its resolution 7-135-84 adopted on July 24, 1984, with regard to Petition 84-6-2-22 submitted by Windmill Fruit Market requesting waiver use approval for the outdoor sale of plant materials from property located on the north side of Plymouth Road between Stark and Wayne Roads in the Southeast 1/4 of Section 28, which property is zoned C-1 , the Council does hereby concur in the recommendation of the City Planning Commission and Petition 84-6-2-22 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 and the additional condition that a landscape plan submitted by the petitioner dated August 29, 1984 be complied with. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was RESOLVED, that the Council does hereby amend the aforesaid resolution to include as an additional condition the requirement that an underground sprinkler system be installed with respect to the landscape plan dated August 29, 1984. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Feenstra, Bishop NAYS: Ventura, McCann, Gundersen, Taylor The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: Bennett, Ventura, McCann, Gundersen, Taylor, Bishop NAYS: Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #728-84 RESOLVED, that having considered communications dated August 15, 1984 and August 16, 1984 from the Michigan Liquor Control Commission with regard to an application from Joe Kelly's L Oyster Dock #1 , Inc. for a new full year Class C License and On Premise License to be located at 14000 Middlebelt Road, Livonia, Michigan, the Council does hereby take this means to advise the 21152 Michigan Liquor Control Commission that the Council approve the said application, "Above All Others", and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bennett, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: Ventura The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was #729-84 RESOLVED, by the City Council of the City of Livonia, that the annual Christmas Parade be, and hereby is approved for Saturday, November 17, 1984, beginning at 9.00 a.m. and that the Wayne County Road ComRission is hereby requested to close Six Mile from Inkster to Middlebelt between the hours of 6:00 a.m. until 11 .00 a.m. , Six Mile from Merriman to Middlebelt between the hours of 8.30 a.m. and 11 :00 a.m. , Seven Mile from Merriman to Inkster between the hours of 8:30 a.m. and 11 :00 a.m. , and Middlebelt from Five Mile to Eight Mile, between the hours of 8.30 a.m. and 11 :00 a.m. or until the road is returned to normal traffic operation. The City will assume liability for any damage claims which may arise as a result of the road closure Lt. Russell E. McQuaid is hereby designated and authorized to sign the road closure permit in behalf of the City. On a motion by Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #730-84 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 Bennett, seconded by Councilwoman Gundersen, and unanimously adopted, it was #731-84 WHEREAS, in the City of Livonia, west of Farmington Road to the City boundary, Seven Mile Road is only two lanes, both east and west, with no left turn lane provided, and 21153 WHEREAS, the existing speed limit on Seven Mile Road is posted at 50 miles per hour but traffic often travels at speeds exceeding 60 miles per hour, and WHEREAS, a reduction in the posted speed limit is warranted and needed due to the heavy traffic, new businesses, new and established subdivisions off Seven Mile Road, and the usage of the Bicentennial Park by vehicular, bicyclist, and pedestrian traffic, and WHEREAS, several traffic fatalities have occurred in the past several years along the aforementioned stretch of Seven Mile Road which might have been avoided or reduced to only injuries if a reduction in speed limit had been implemented, and WHEREAS, the Traffic Commission has repeatedly urged the Wayne County Road Commission to take the necessary action to reduce the posted speed limit along this stretch of Seven Mile Road, to no avail ; and WHEREAS, on June 29, 1983, in Council Resolution 515-83, the City Council also requested that the Wayne County Road Commission reduce the posted speed limit on Seven Mile Road from 50 miles per hour to 40 miles per hour, and WHEREAS, the need for a reduced speed limit along this stretch of Seven Mile Road is as urgent as it ever was; NOW, THEREFORE, BE IT RESOLVED, that the City Council wholeheartedly supports the Livonia Traffic Commission's efforts to have the speed limit reduced on the stretch of Seven Mile Road, west of Farmington Road to the City boundary, and again urges the Wayne County Road Commission to take whatever action is necessary to reduce this speed limit from 50 miles per hour to 40 miles per hour; and the City Clerk is hereby requested to forward a copy of this resolution to the Wayne County Road Commission. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was 1732-84 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 27, 1984 on all matters required by Section 3.08.060 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submitted in writing a "waiver of notice and proceedings" in accordance with Section 3.08.310 of said code, and after careful 21154 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 improvement consisting of the placement of approximately 4 inches of asphalt (City's Alternate IV Improvement) on Fairfax Avenue from Purlingbrook to approximately 300' west, 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 August 27, 1984, (4) determine that the estimated cost of such improvement is $4828.24, (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 hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $724.24 (15% of paving) and that the balance of said cost and expense of said public improvement amounting to $4104.00 (85% of paving) 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 Section 2, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following property: imw Bureau of Taxation Parcels 02Plla,b,l9bl ,c1 ; 02P18 and 02P19b2,c2. 21155 (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 . A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: None Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 5, CHAPTER 66 (PEDDLERS, TRANSIENT MERCHANTS AND SOLICITORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 091 THERETO. 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 Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #733-84 RESOLVED, that having considered a communication from the Department of Law, dated August 28, 1984, with respect to a proposed ordinance amending Title 5, Chapter 66 (Peddlers, Transient Merchants and Solicitors) of the Livonia Code of Ordinances, as amended, which ordinance amendment was given its first reading on August 29, 1984, by Councilman Taylor, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation. 21156 On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was 1734-84 RESOLVED, that having considered a letter from the Michigan Liquor Control commission, dated August 2, 1984, and the report and recommendation of the Chief of Police, dated August 27, 1984, in connection therewith, the Council does hereby approve of the request for an On-Premise License from L C R, Inc. for the transfer of ownership of 1984 Class C licensed business with dance permit, located at 29300 Broadmoor, Livonia, Michigan 48154, Wayne County, from Gotsis Co. , and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, this 1 ,037th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:25 p.m. , August 29, 1984 pi ROBER F. NASH, CITY CL1RK