HomeMy WebLinkAboutCOUNCIL MINUTES 1989-07-05 25108
r161 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FIFTY-SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 5, 1989, the above meeting was held at the City Hall , 33000 Civic
Center Drive, Livonia, Michigan and was called to order by the President of the
Council at 8:00 P M. Councilman Ochala delivered the invocation.
Roll was called with the following result: Present: Gerald Taylor, Laura
Toy, Robert R. Bishop, Ron Ochala and Dale Jurcisin, Absent• Fernon P. Feenstra
(on vacation) and Joan McCotter (attending the swearing-in ceremony for her son,
Thaddeus McCotter, newly-elected Trustee of Schoolcraft Community College. )
Elected and appointed officials present Harry Tatigian, City Attorney,
Robert F Nash, City Clerk; Robert D. Bennett, Mayor, John Nagy, Planning Director,
Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs, David
Preston, Director of Finance, Ron Reinke, Superintendent of the Department of Parks
ILand Recreation and Lee Grieve, Deputy Chief of Police
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#617-89 RESOLVED, that the minutes of the 1 ,155th Regular
Meeting of the Council of the City of Livonia, held June 21,
1989 are hereby approved.
A communication from the Director of Finance, dated June 21 , 1989
forwarding various financial statements of the City of Livonia for the month ending
May 31 , 1989 was received and placed on file for the information of the Council .
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
it was
#618-89 RESOLVED, that having considered a letter from Joanne
16 Strzempek, Cathy Charnock and Mary Hendrian, 14272 Ramblewood,
Livonia, Michigan 48154, received by the Office of the City
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Clerk on June 15, 1989, requesting permission to close Ramblewood
from Perth to Scone on Sunday, August 6, 1989, from 1 .00 p.m.
to 8.00 p.m. for the purpose of conducting a block party, the
Council does hereby grant permission as requested, the action
taken herein being made subject to the approval of the Police
Department.
#619-89 RESOLVED, that having considered a letter from Keith
A. Newmarch, President of Sunshine Limousine, dated June 9,
1989, wherein a request is submitted for a license to operate
a limousine service in the City of Livonia, the Council does
hereby refer this item to the Chief of Police for his report
and recommendation.
#620-89 RESOLVED, that having considered a letter from Mrs.
Kimberly Bohley, 17325 Purlingbrook, Livonia, Michigan 48152,
dated June 14, 1989, expressing an interest in the purchase
of certain City-owned property located at the corner of Six
Mile and Purlingbrook (Lot Nos. EE1A1 and EE1A2 in the Southeast
1/4 of Section 11 ), the Council does hereby refer this item
to the Department of Law for its report and recommendation.
#621-89 RESOLVED, that having considered a letter from Mrs.
Kimharly Bohley, 17325 Purlingbrook, Livonia, Michigan 48152,
dated June 13, 1989, requesting a road improvement of
Purlingbrook, north of Six Mile Road, the Council does hereby
refer this item to the Engineering Department and the Law
Department for their respective reports and recommendations.
A communication from the City Clerk, dated June 15, 1989 forwarding a
copy of the Oakland Schools Certificate of Compliance for the 1989 tax spread was
received and placed on file for the information of the Council .
#622-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 13, 1989, 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 Michigan Joint Sealing, 35970 Quakertown,
Farmington Hills, Michigan 48331 , for the 1989 Pavement Joint
and Crack Sealing Program for the estimated total cost of
$122,396.04, based upon the Engineering Department's estimate
of units invovled, 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 approve a transfer in the amount of
Imo $27,396.04 from the Unexpended Fund Balance - Major Roads,
and $30,000.00 from the Local Street Maintenance Account No.
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Ibp 203-463-818-117 to the Major Street Maintenance Account No.
202-463-818-117, and the Council does hereby appropriate and
authorize an expenditure in the amount of $72,396.04 from the
Major Street Maintenance Account No. 202-463-818-117, as well
as appropriate and authorize an expenditure in the amount of
$50,000.00 from the Local Street Maintenance Account No.
203-463-818-117 for this purpose; and the City Engineer is
hereby authorized to approve minor adjustments in the work
as may be necessary, and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City
of Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this
resolution
#623-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated June
19, 1989, approved by the Director of Finance and approved
for submission by the Mayor, the Council does hereby accept
the bid of National Window Cleaning & Maintenance, Inc. , 3573
14th Street, Detroit, Michigan 48208, for providing the Public
Service Division (Building Maintenance Section) with window
cleaning service for the Livonia Municipal Administrative
Building at a cost of $2,300.00 per cleaning and the Civic
Center Library at a cc:t ^F $a 300.00 per cleaning, the same
having been in fact the lowest and only bid received and meets
fir all specifications.
A communication from the City Treasurer, dated June 19, 1989 re: Request
for Annual Personal Property Report #434-89 was received and placed on file for
the information of the Council .
#624-89 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated June 14, 1989,
approved by the Finance Director and approved for submission
by the Mayor, the Council does hereby approve and accept two
LSCA Title I Library Grants which have been awarded by the
Library of Michigan to the Livonia Public Library, the first
being Project No. 88-27208-38 in the amount of $12,500.00,
the purpose of which is to buy large print books and audio
tapes, and the second being Project No. 88-27208-28 in the
amount of $14,564.00, the purpose of which is to augment the
liberature collection in the areas of poetry and plays.
#625-89 RESOLVED, that having considered a communication from
the City Engineer, dated June 16, 1989, approved for submission
by the Mayor, to which is attached a list of sidewalks requiring
installation, repair and/or replacement within miscellaneous
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locations throughout the City of Livonia, said list being
lieincluded herein by reference, and for the reasons stated, the
Council does hereby require the respective owners of lots and
premises referred to in said list to install , repair, or to
remove and replace sidewalks at such premises, to carry out
the provisions of this resolution which is made pursuant to
Title 12, Section 340 of the Livonia Code of Ordinances, as
amended; FURTHER, said notice shall set forth that the respective
owners of lots and premises herein referred to shall complete
said sidewalk work no later than August 31 , 1989, after which
date the Engineering Department shall arrange for the
construction and/or reconstruction of the said sidewalks,
further, the Council does hereby authorize the construction,
and/or reconstruction of various sections of sidewalks and
crosswalks at several locations within the City inasmuch as
the same are the City's responsibility; and FURTHER, the
Engineering Department is hereby authorized to finalize plans
and specifications and arrange for the taking of bids for the
1989 Sidewalk Program, which program will include all required
work which has not been completed by private property owners
by August 31 , 1989.
#626-89 RESOLVED, that having considered a communication from
the City Clerk, dated June 15, 1989, which i^a4ratpC that the
proprietor of Merriwood Estates Subdivision, situated in the
Iwo Northeast 1/4 of Section 3, has delivered final true plats
to the City Clerk and requested that said plat be presented
to Council for final approval , and the Council having received
a communication from the City Planning Commission, dated June
14, 1989, wherein said Commission approves the final plat for
the said subdivision in its resolution 5-112-89, adopted on
May 23, 1989; and the Council having considered a report from
the City Engineer, dated May 15, 1989, recommending approval
of the final plat of said subdivision, the preliminary plat
of which was approved by the Council in its resolution 3-89,
adopted on January 9, 1989, said preliminary plat having been
recommended for approval by the City Planning Commission on
July 26, 1988 in its resolution 7-131-88, NOW, THEREFORE, the
Council does hereby determine to grant its approval to the
final plat of Merriwood Estates Subdivision, located in the
Northeast 1/4 of Section 3, 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.
#627-89 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated
June 26, 1989, with regard to the future development of the
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Fox Creek Golf Course Clubhouse and maintenance and golf storage
buildings, the Council does hereby approve the preliminary
drawings submitted by the Architect with respect to the location
and footprint of the Clubhouse and the maintenance and golf
storage buildings; further, the Council does hereby request
a report and recommendation from the Mayor on the possible
relocation of the existing driveway on Seven Mile Road to west
of the proposed new soccer field for use by golfers only; the
Council does also request that the Mayor and Police Department
submit a report and recommendation on the status of the "No
Left Turn" sign on Seven Mile Road from the existing driveway
particularly as to what policing is required to obtain
compliance.
#628-89 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated
June 26, 1989, and submitted pursuant to Council Resolution
536-89, in connection with a letter from the Executive Assistant
to the International Union of Operating Engineers, dated May
9, 1989, with regard to the use of non-union companies for
major construction projects for the City of Livonia, the Council
does hereby refer the issue of the use of non-union companies
rld/or requiring prevailing wages to the Committee of the Whole
for its report and recommendation; further, the Council does
Imo also request that the Department of Law submit its report and
recommendation with regard to the legal ramifications involved
with respect to this item.
#629-89 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, August
9, 1989 at 8:00 P.M. at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan with respect to the following items:
(1 ). Petition 89-4-1-13 by JRJ Group for St. Mary's
Antiochian Church, for a change of zoning on property
located East of Merriman Road between Six and Seven
Mile Roads in the Southwest 1/4 of Section 11 from
P.L. to R-3, the City Planning Commission in its
resolution 6-122-89 having recommended to the City
Council that Petition 89-4-1-13 be approved;
(2). Petition 89-5-1-16 by Ashley Construction Inc. ,
for a change of zoning on property located on the
East side of Newburgh Road between Seven and Eight
Mile Roads in the Southwest 1/4 of Section 5 from
RUFC to R-4C, the City Planning Commission in its
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resolution 6-125-89 having recommended to the City
10
Council that Petition 89-5-1-16 be approved, and
(3). Petition 89-5-1-19 by William L. Roskelly, for
a change of zoning on property located West of
Inkster Road between Lyndon and Five Mile Road
in the Northwest 1/4 of Section 24 from RUF, R-1A
and R-3A to R-2A, the City Planning Commission
in its resolution 6-128-89 having recommended to
the City Council that Petition 89-5-1-19 be approved,
FURTHER, THE City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or (b)
location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia
as well as to, not less than fifteen (15) days prior to said
public hearing, cause to have notice to be given by registered
mail to each public utility company and to each railroad company
owning or operating any public utility or railroad within the
districts or zone; :ffcc+ed, and further, the City Clerk is
requested to du 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 results
AYES: Ochala, Jurcisin, Toy, Bishop and Taylor.
NAYS: None.
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1630-89 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee, dated
June 28, 1989, and submitted pursuant to Council Resolution
205-89 in connection with the report and recommendation of
the Superintendent of Parks and Recreation, dated January 31 ,
1989, approved for submission by the Finance Director and the
Mayor, and which transmits a bid received for the operation
of the Eddie Edgar Ice Arena and Ford Field concession stands,
the Council does hereby refer this item to the Department of
Law for the preparation of an appropriate contract for the
lease of the said facilities to William Murray in accordance
with the recommendation of the Department of Parks and Recreation
for submission to Council .
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Councilman Bishop took from the table, for second reading and adoption,
L the following Ordinance.
AN ORDINANCE AMENDING SECTION 230 OF TITLE
5, CHAPTER 84 (TAXICABS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES. Ochala, Jurcisin, Toy, Bishop and Taylor.
NAYS None.
The President declared the Ordinance duly adopted, and would become effective on
publication.
Councilman Ochala took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VACATING POPTIONS (IF STREET,
ALLEY AND PUBLIC GROUND. (Petition 89-1-3-1 )
Il' A roll call vote was taken on the foregoing Ordinance with the following result:
mo
AYES: Ochala, Jurcisin, Toy, Bishop and Taylor.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would be come
effective on publication.
Councilman Bishop gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 390 AND 400
OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE
DISPOSAL SYSTEM) 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. The above Ordinance was placed on the table for consideration at the
text regular meeting.
25115
LCouncilman Bishop gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 180 AND 210
OF TITLE 16, CHAPTER 24 (IMPROVEMENTS) 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. The above Ordinance was placed on the table for consideration at the
next regular meeting.
Councilman Bishop gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 060 OF TITLE
15, CHAPTER 04 (BUILDING CODES) 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 repeat:::!
Lherein. The above Ordinance was placed on the table for consideration at the
next regular meeting.
On a motion by Councilman Ochala, seconded by Councilman Bishop,
and unanimously adopted, it was
1631-89 RESOLVED, that having considered a letter from Aisin
Seiki Co. , Ltd. , 14109 Farmington Road, Livonia, Michigan 48154,
wherein it is indicated that the Aisin Seiki Co , Ltd. intends
to transfer facilities from Livonia to the Ann Arbor Technology
Park in Ann Arbor Township and which further indicates that
the said Aisin Seiki Co. , Ltd. desires to obtain a 1974 PA 198
exemption for the Ann Arbor Township facility, the Council does
hereby reject and deny this request since it is the determination
of the Council that the transfer of facilities would have the
effect of transferring employment from one governmental unit
in Michigan to another local governmental unit in Michigan and
for the further reason that the said transfer would not be in
the best interest of either the citizens of Livonia or the people
of the State of Michigan, and the City Clerk is hereby requested
to do all things necessary or incidental to the full performance
of this resolution.
ILI.
25116
On a motion by Councilman Jurcisin, seconded by Councilman Ochala,
and unanimously adopted, it was
#632-89 RESOLVED, that having considered the report and
recommendation of the Department of Law and the Superintendent
of Parks and Recreation, dated May 24, 1989, approved for
submission by the Mayor, the Council does hereby approve of
the Amendment to Concession Agreement Whispering Willows Golf
Course and authorize the Mayor and City Clerk to execute the
same for and on behalf of the City of Livonia, as well as to
do all other things necessary or incidental to the full
performance of this resolution
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
it was
#633-89 RESOLVED, that having considered the report and
recommendation of the Mayor, dated June 20, 1989, approved by
the Finance Director and submitted pursuant to Council Resolution
366-89 wiLh tc the proposed contract submitted by Don' s
Vending Service, Inc. , 37045 Schoolcraft, Livonia, Michigan
48150, for operating three vending machines in the City Hall
building, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute
the said contract, subject to the relocation of the cigarette
machine to an area which would be supervised and inhibit its
use by minors.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ochala, Jurcisin and Toy.
NAYS. Bishop and Taylor.
The President declared the resolution adopted.
On a motion by Councilman Jurcisin, seconded by Councilman Ochala,
and unanimously adopted, it was
#634-89 RESOLVED, that the Council does hereby refer to the
Committee of the Whole for its report and recommendation the
question of the location and use of vending machines in City
buildings and facilities.
Im. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
25117
#635-89 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated June
26, 1989, and submitted pursuant to Council Resolution 592-89
in connection with the report and recommendation of the City
Engineer, dated June 6, 1989, 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 South Hill
Construction Company, 51490 Pontiac Trail , Wixom, Michigan 48096,
for the Dutch Mill Gardens Subdivision Street Improvement Project
(Contract 89-I), for the estimated total cost of $482,767.60
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 authorize an appropriation in the contract amount
from the $7.9 and/or $9.8 Million General Obligation Road
Improvement Bond Issue with the provision that (1 ) the Bond
Issue 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 Bond Issue be reimbursed from the City's portion of
the project at such time as funds may hP available from Michigan
Transportation Funds (Local 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 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.
On a motion by Councilman Ochala, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated June 27, 1989, which transmits
its resolution 6-143-89, adopted on June 13, 1989, with regard
to Petition 89-5-8-21 , submitted by Ramco-Gershenson, Inc. ,
requesting site plan approval in connection with a proposal
to construct an addition to an existing commercial building
(Livonia Towne Square) located on the south side of Seven Mile
just west of Middlebelt Road in the Northeast 1/4 of Section
11 , pursuant to the provisions set forth in Section 18.47 of
Ordinance No. 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition
89-5-8-21 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.
The motion failed for lack of support.
25118
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
and unanimously adopted, it was
1636-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 27, 1989, which transmits
its resolution 6-143-89, adopted on June 13, 1989, with regard
to Petition 89-5-8-21 , submitted by Ramco-Gershenson, Inc. ,
requesting site plan approval in connection with a proposal
to construct an addition to an existing commercial building
(Livonia Towne Square) located on the south side of Seven Mile
just west of Middlebelt Road in the Northeast 1/4 of Section
11 , pursuant to the provisions set forth in Section 18.47 of
Ordinance No. 543, as amended, the Council does hereby refer
this item to the Committee of the Whole for its report and
recommendation.
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
it was
1637-89 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated June
26, 1989, submitted pursuant to Council Resolution 15-89 with
regard to an outstanding claim of Louis G. Redstone Associates,
Inc. , for architectural services performed in connection with
the addition to the Livonia Police Headquarters building, and
having also considered a letter from the Mayor, dated June 30,
1989, which bears the signatures of the City Attorney and the
Finance Director, the Council does hereby appropriate and
authorize the transfer of the sum of $25,044 00 from the
Unexpended Fund Balance Account to the Municipal Building
Authority Police Building Construction Account No.
517-000-001-517 and thereafter authorize an appropriation of
$40,000.00 from the aforesaid account for the purpose of making
a final payment to Louis G. Redstone Associates, Inc. , such
payment to be made subject to the City's receipt of an appropriate
release and discharge agreement in a form approved by the
Department of Law.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ochala, Jurcisin, Toy and Bishop.
NAYS: Taylor .
The Chairperson declared the resolution adopted
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ImoOn a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted,
#638-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 27, 1989, which sets
forth its resolution 4-57-89, adopted on April 4, 1989, with
regard to Petition 89-2-6-2, submitted by the City Planning
Commission to amend Sections 2.07, 8.02 and 27.04 of Zoning
Ordinance No. 543 and to add two new Articles to Zoning Ordinance
No. 543 which will provide regulations for condominium type
projects, and the Council having conducted a public hearing
with regard to this matter on June 19, 1989, pursuant to Council
Resolution 432-89, the Council does hereby concur in the
recommendation of the Planning Commission and the said Petition
89-2-6-2 is hereby approved and granted; and the Department
of Law is hereby requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution.
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#639-89 RESOLVED, that having considered a communication from
lbw the City Planning Commission, dated April 27, 1989, which sets
forth its resolution 4-57-89, adopted on April 4, 1989, with
regard to Petition 89-2-6-2, submitted by the City Planning
Commission to amend Sections 2.07, 8.02 and 27.04 of Zoning
Ordinance No. 543 and to add two new Articles to Zoning Ordinance
No. 543 which will provide regulations for condominium type
projects, and the Council having conducted a public hearing
with regard to this matter on June 19, 1989, pursuant to Council
Resolution 432-89, the Council does hereby refer this item to
the Legislative Committee for its report and recommendation.
On a motion by Councilwoman Toy, seconded by Councilman Bishop,
and unanimously adopted, it was
#640-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 27, 1989, which sets
forth its resolution 4-48-89, adopted on April 4, 1989, with regard
to Petition 89-2-1-5, submitted by Bernard and Carol Pucher, for
a change of zoning on property located on the east side of Louise
Avenue between Eight Mile Road and Morlock Avenue in the Northeast
1/4 of Section 2 from M-1 to R-2, and the Council having conducted
a public hearing with regard to this matter on June 19, 1989,
pursuant to Council Resolution 432-89, the Council does hereby
concur in the recommendation of the Planning Commission and the
said Petition 89-2-1-5 is hereby approved and granted; and the
25120
lb' City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and,upon
receipt of such map, the Department of Law is requested to prepare
an ordinance amending Ordinance 543, as amended, in accordance
with this resolution.
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#641-89 RESOLVED, that the Council does hereby request that
the Planning Commission submit its report and recommendation
on the possibility of rezoning additional property from M-1
to an appropriate residential classification on Eight Mile Road
in the area of Louise and Morlock in the Northeast 1/4 of Section
2, particularly with respect to the parcels which are vacant
or are currently being used as residential
On a motion by Councilman Jurcisin, seconded by Councilman Ochala,
and unanimously adopted, it was
ibi #642-89 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated May 3, 1989 on all matters
required by Section 3.08.060 of the Livonia Code of Ordinances,
as amended, and a public hearing having been held thereon on
June 26, 1989, after due notice as required by Section 3.08.070
of said Code, and after careful consideration having been given
to all such matters, the Council does hereby, pursuant to Section
3.08.080 of said Code•
(1 ) accept and approve said statement in all respects,
(2) determine to make the road improvement consisting
of a 31 ' wide asphalt pavement with concrete curbs
and gutters (Alternate II) on Westmore Avenue for
a distance of 150' north of Seven Mile Road in the
Southwest 1/4 of Section 3, T.1S. , R.9E. , 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 May
3, 1989;
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(4) determine that the estimated cost of such improvement
is $16,344 00;
(5) determine that the cost of said improvement shall
be paid for in part by special assessments on the
property benefited thereby and in part by the City
at large, in proportions thereafter established;,
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall
be 15% of paving ($2,188.00), 100% of drainage
($1 ,736.00) and 20 l .f. Alley ($920.00) and that the
balance of said cost and expense of said public
improvement amounting to 85% of paving ($11 ,500.00)
shall be borne and paid by special assessments on
all lands and premises in the special assessment
district as herein established in proportion to the
benefits to be derived therefrom;
(7) determine that assessments made for such improvement
may be paid in ten (10) annual installments together
with interest thereon on the unpaid balance;
(8) designate the assessment district, descri!4' the
land and premises upon which special assessments shall
be levied as follows;
A special assessment district in the S.W. 1/4 of Section
3, T. 1 S. , R. 9 E. , City of Livonia, Wayne County,
Michigan, described as containing the following
property:
Lots 85 and 86; also the East 65 feet of the South
20 feet of Lot 87, also Lots 157 to 163, both inclusive,
including the South 1/2 of the vacated alley adjacent
thereto, said lots being a part of the Westmore
Subdivision, as recorded in Liber 48, Page 85, W.
C. R.
(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
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lim (10) that upon completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3.08.100 of the Livonia Code
of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon
is directed to present the same to the City Council ,
prior to the holding of the second public hearing
thereon as required by Section 3.08.110 of the said
Code.
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#643-89 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated May 3, 1989 on all matters
required by Section 3.08.060 of the Livonia Code of Ordinances,
as amended, and a public hearing having been held thereon on
June 26, 1989, after due notice as required by Section 3.08.070
of said Code, and after careful consideration having been given
to all such matters, the Council does hereby, pursuant to Section
3.08.080 of said Code:
(1 ) accept and approve said statement in all respects;
16 (2) determine to make the road improvement consisting
of a 31 ' wide asphalt pavement with concrete curbs
and gutters (Alternate II) on Shadyside Avenue for
a distance of 240' north of Seven Mile Road in the
Southwest 1/4 of Section 3, T.1S. , R.9E. , 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 May
3, 1989;
(4) determine that the estimated cost of such improvement
is $30,031 .00,
(5) determine that the cost of said improvement shall
be paid for in part by special assessments on the
property benefited thereby and in part by the City
at large, in proportions thereafter established;;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall
be 15% of paving ($3,112.00), 100% of drainage
25123
Ihm ($4,025.00) and 15% of right-of-way costs ($750.00)
and that the balance of said cost and expense of said
public improvement amounting to 85% of paving
($17,894.00) and 85% of right-of-way costs
($4,250.00)shall be borne and paid by special
assessments on all lands and premises in the special
assessment district as herein established in proportion
to the benefits to be derived therefrom,
(7) determine that assessments made for such improvement
may be paid in ten (10) annual installments together
with interest thereon on the unpaid balance,
(8) designate the assessment district, describing the
land and premises upon which special assessments shall
be levied as follows,
A special assessment district in the S.W. 1/4 of Section
3, T. 1 S. , R. 9 E. , City of Livonia, Wayne County,
Michigan, described as containing the following
property:
Lots 167 to 170 except the South 17 feet thereof,
and the South 1/2 ^f the vacated alley adjacent to
said lots, also Lot 171 and the North 1/2 of the vacated
alley and the East 1/2 of the alleys adjacent thereto;
said lots being a part of the Westmore Subdivision,
as recorded in Liber 48, Page 85 W. C. R. , also that
part of the S. W. 1/4 of Section 3 described as
beginning at a point distant N 89°38'30" E, 665.51
feet from the S. W. 1/4 corner of said Section 3,
proceeding thence N 00°02' W, 300.0 feet, thence due
East, 155 feet thence N 00°02' W, 100.0 feet; thence
N 89°38'30" E, 443.50 feet; thence S 00°00' 58" W,
400.0 feet to the South line of Section 3; thence
S 89°38'30" W along said South line, 598.24 feet to
the point of beginning.
(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 completion of said roll the City Assessor
shall attach thereto the certificate required by the
25124
provisions of Section 3.08.100 of the Livonia Code
of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon
is directed to present the same to the City Council ,
prior to the holding of the second public hearing
thereon as required by Section 3.08.110 of the said
Code.
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
and unanimously adopted, it was
/644-89 RESOLVED, that the Council does hereby request that
the Inspection Department and the Police Department submit their
reports and recommendations with respect to site plan compliance
and particularly enforceability of no right turn sign from Joe's
Produce Market onto Shadyside, north of Seven Mile Road.
On a motion by Councilwoman Toy, seconded by Councilman Bishop,
and unanimously adopted, it was
/645-89 RESOLVED, that the Council does hereby request that
the Traffic Commission and Planning Commission submit their
reports and recommendations on the possibility of eliminating
access to Shadyside, North of Seven Mile Road from Joe's Produce
Market.
On a motion by Councilwoman Toy, seconded by Councilman Bishop,
and unanimously adopted, it was
#646-89 RESOLVED, that the Council does hereby request that
the Department of Public Works submit its report and
recommendation on the need for the possible trimming of a bush
located on the North side of Seven Mile Road at Shadyside, which
apparently is obstructing the view of motorists in the area.
On a motion by Councilwoman Toy, seconded by Councilman Bishop,
and unanimously adopted, it was
/647-89 RESOLVED, that the Council does hereby request that
the Police Department do all things necessary to ticket traffic
sign violators in the area of Shadyside, North of Seven Mile
III Road.
25125
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
Lit was
#648-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 16, 1989, which sets
forth its resolution 5-92-89, adopted on May 9, 1989 with regard
to Petition 89-3-1-7, submitted by McDonald's Corporation, for
a change of zoning on property located on the south side of
Ann Arbor Road between Ann Arbor Trail and Hix Road in the
Northeast 1/4 of Section 31 , from C-1 to C-2, and the Council
having conducted a public hearing with regard to this matter
on June 26, 1989, pursuant to Council Resolution 493-89, the
Council does hereby concur in the recommendation of the Planning
Commission and the said Petition 89-3-1-7 is hereby approved
and granted, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating
the zoning change herein approved and to furnish the same to
the Department of Law and,upon receipt of such map, the Department
of Law is requested to prepare an ordinance amending Ordinance
543, as amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Ochala, Jurcisin, Toy and Taylor.
NAYS. Bishop.
he President declared the resolution adopted.
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#649-89 RESOLVED, that having considered a communication from
the Acting Chief of Police, dated June 12, 1989, which bears
the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept cash
donations in the total amount of $2,376.00 from several
contributors, which funds are to be used for the purchase of
supplies for use in the Drug Abuse Resistance Education (D.A.R.E. )
Program; and the Council does hereby authorize the deposit of
these funds in Account No. 702-000-285-211 for this purpose.
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
25126
#650-89 RESOLVED, that having considered a communication dated
June 27, 1989, from the Department of Law transmitting for Council
acceptance two (2) Quit Claim Deeds, more particularly described
as:
(1 ) Quit Claim Deed, dated May 4, 1989, executed by Jack
Shenkman (a married man) and Miriam Shenkman (his
wife), for:
That part of the the Northeast 1/4 of Section 24,
T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant North 89
degrees 58 minutes 00 seconds West 1976.13 feet and
North 00 degrees 25 minutes 50 seconds West 444.07
feet from the East 1/4 corner of Section 24,
T.1S. ,R.9E. , and proceeding thence North 00 degrees
25 minutes 50 seconds West 541 .29 feet; thence North
89 degrees 49 minutes 00 seconds East 30.00 feet;
thence South 00 degrees 25 minutes 50 seconds East
541 .40 feet; thence North 89 degrees 58 minutes 00
seconds West 30.00 feet to the point of beginning
(Lyons Avenue right-of-way).
Part of 093-99-0015-000
(2) Quit Claim Deed, dated May 4, 1989, executed by Jack
lis Shenkman (a married man) and Miriam Shenkman (his
wife), for:
That part of the Northeast 1/4 of Section 24,
T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant North 89
degrees 58 minutes 00 seconds West 1976.13 feet and
North 00 degrees 25 minutes 50 seconds West 985.35
feet and North 89 degrees 49 minutes 00 seconds East
264.00 feet and North 00 degrees 25 minutes 50 seconds
West 165.00 feet and North 89 degrees 49 minutes 00
seconds East 130.71 feet and North 89 degrees 49 minutes
00 seconds W, 150.31 feet from the East 1/4 corner of
Section 24, T.1S. ,R.9E. and proceeding thence North
00 degrees 25 minutes 50 seconds West 15.00 feet;
thence South 89 degrees 53 minutes 00 seconds East
60.00 feet; thence South 00 degrees 25 minutes 50
seconds East 15.00 feet, thence North 89 degrees 53
minutes 00 seconds West 60.00 feet to the point of
beginning (Jamison Avenue right-of-way).
Part of 093-99-0015-000
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Quit Claim Deeds and the City Clerk is
hereby requested to have the same recorded in the office of
Impt the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
25127
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#651-89 RESOLVED, that having considered a communication dated
June 27, 1989, from the Department of Law transmitting for Council
acceptance three (3) Grants of Easement, more particularly
described as:
(1 ) Grant of Easement dated June 6, 1989, executed by
Zef Ivezaj and Dragica Ivezaj, his wife, for•
Part of the N.E. 1/4 of Section 8, T.1S. ,R.9E. , City
of Livonia, Wayne County, Michigan, described as
beginning at a point distant S. 89°44'10" West 372.00
feet and S. 00°16'30" East 912.00 feet and S. 89°44'10"
West 327.50 feet and S. 00°16'30" East 56.00 feet
from the N.E. corner of said Section 8 and proceeding
thence S. 00°16'30" East 825.00 feet, thence S.
89°44'10" West 20.00 feet, thence N. 00°16'30" West
825.00 feet, thence N. 89°44'10" East 20.00 feet to
the point of beginning. (Part of 45. 29_990nn3004-000)
(2) Grant of Easement dated June 6, 1989, executed by
Zef Ivezaj and Dragica Ivezaj, his wife, for:
Part of the N.E. 1/4 of Section 8, T.1S. , R.9E. , City
of Livonia, Wayne County, Michigan, described as
beginning at a point distant S. 89°44'10" West 3712.00
feet and S. 00°16'30" East 912.00 feet and S. 89°44'10"
West 327.50 feet and S. 00°16'30" East 56.00 feet
from the N.E. corner of said Section 8 and proceeding
thence S. 00°16'30" East 255.00 feet; thence N.
89°44'10" East 40.00 feet; thence S. 00°16'30" East
20.00 feet; thence S. 89°44'10" West 60.00 feet, thence
N. 00°16'30" West 275.00 feet, thence North 89°44'10"
East 20.00 feet to the point of beginning. (Part
of 46-29-990003004-000)
(3) Grant of Easement dated June 6, 1989, executed by
Zef Ivezaj and Dragica Ivezaj, his wife, for:
Part of the N.E. 1/4 of Section 8, T.1S. ,R.9E. , City
of Livonia, Wayne County, Michigan, described as
beginning at a point distant S. 89°44'10" W. 372.00
feet and S. 00°16'30" East 912.00 feet and S. 89°44'10"
West 287.50 feet and S. 00°16'30" East 56.00 feet
from the Northeast corner of said Section 8 and
proceeding thence S. 00°16'30" East 730 feet; thence
S. 89°44'10" West 20.00 feet, thence N. 00°16'30"
25128
West 730 feet; thence N. 89°44' 10" East 20.00 feet
to the point of beginning. (Part of
46-29-990003004-000)
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grants of Easement and the City Clerk is
hereby requested to have the same recorded in the office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#652-89 RESOLVED, that having considered a communication dated
June 22, 1989, from the Department of Law transmitting for Council
acceptance two (2) Grants of Easement, more particularly described
as:
(1 ) Grant of Easement dated June 12, 1989, executed by
John Decina Development Co. , a Michigan Corporation
by John Decina, President, for:
A 12 ft. wide strip of land, for Sanitary Sewer purposes
in the S.W. 1/4 of Section 22, T.1S. ,R.9E. , City of
Livonia, Wayne County, Michigan, the centerline being
described as: Beginning at a point on the East line
of Brookfield Avenue, 60 ft. wide, said point being
located S. 0°05'35" E. , 215.91 ft. , and S. 89°52'30"
W. , 656.70 ft. , and N. 0°03" W. , 141 .14 ft. from the
center 1/4 corner of Section 22, T.1S. ,R.9E. , City
of Livonia, Wayne County, Michigan, thence N. 77°22'31"
E. 138.32 ft. to the point of ending of said Easement.
Sidwell No. 46-87-990005-000
(2) Grant of Easement dated June 12, 1989, executed by
John Decina Development Co. , a Michigan Corporation,
by John Decina, President, for:
A 6 ft. wide surface drainage and public utility
easement over the South 6 ft. of the following described
parcel : A parcel of land being part of the S.W. 1/4
of Section 22, T.1S. ,R.9E. , City of Livonia, Wayne
County, Michigan, described as beginning at a point,
located S. 0°5' 35" E. , along the North and South 1/4
line of said Section, 215.91 feet and S. 89°52'30"
W. , 471 .70 ft. from the center of said Section; thence
N. 0°03' W. , 175.44 ft. to the South line of Lyndon
Avenue, 86 ft. wide; thence along said South line N.
89°49' W. , 185.00 ft. to the East line of Brookfield
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Avenue, 60 ft.wide, thence along said East line S.
0°03' E. , 176.44 ft. , thence N. 89°52'30" E. 185.00
ft. to the point of beginning.
Sidwell No. 46-87- 990005-000
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grants of Easement and the City Clerk is
hereby requested to have the same recorded in the office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
#653-89 WHEREAS, the period of September 15 to October 15,
1989 has been designated Hispanic Heritage Month in the State
of Michigan; and
WHEREAS, Hispanic Americans continue to demonstrate
their unique and important talents, skills and experience within
our community ac well as within the State and Nation; and
ImoWHEREAS, the City of Livonia wishes to join with the
President of the United States and the Governor of the State
of Michigan in recognizing our citizens of Hispanic heritage,
NOW, THEREFORE, BE IT RESOLVED, that the City Council and Mayor
Robert D. Bennett, hereby proclaim September 15 to October 15,
1989 as Hispanic Heritage Month in the City of Livonia as a
means of recognition of Hispanic individuals and families and
their many and valuable contributions.
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#654-89 RESOLVED, that pursuant to Section 21 .02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended,
and Section 5 of Act 207 of the Public Acts of Michigan of 1921 ,
as amended, Richard Blomberg, 15612 Hix Court, Livonia, Michigan
48154, is hereby reappointed as a member of the Zoning Board
of Appeals, for a three year term of office, such term commencing
on July 12, 1989, which will expire on July 12, 1992, provided
that Mr. Blomberg takes the oath of office as required in Chapter
10. X, Section 2 of the City Charter, to be administered by the
Office of the City Clerk.
25130
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#655-89 RESOLVED, that pursuant to Section 21 .02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended,
and Section 5 of Act 207 of the Public Acts of Michigan of 1921 ,
as amended, Kenneth Miencier, 34702 Fairfax, Livonia, Michigan
48152, is hereby reappointed as a member of the Zoning Board
of Appeals, for a three year term of office, such term commencing
on July 12, 1989, which will expire on July 12, 1992, provided
that Mr. Miencier takes the oath of office as required in Chapter
X, Section 2 of the City Charter, to be administered by the
Office of the City Clerk.
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
#656-89 RESOLVED, that having considered a communication from
the Council President, dated Junc 29, 1989, with regard to the
M.M.L. 91st Annual Convention to be conducted on October 3,
1989 at Northern Michigan University, the Council does hereby
appropriate and authorize the transfer of the sum of $1 ,500.00
from the Unexpended Fund Balance Account to Account No. 101-101-
864-010 for this purpose.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#657-89 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 Bishop, seconded by Councilman Ochala,
and unanimously adopted, it was
#658-89 RESOLVED, that having considered a letter from Mr.
Doug Kurtis, 42277 Waterwheel , Northville, Michigan 48167, dated
June 28, 1989, wherein a request is submitted for the placement
of 4' x 4' signs for the Roadrunner Classic at the locations
indicated in the attachment, if available and subject to approval
by the property owner, during the period July 8, 1989 through
July 29, 1989, the Council does hereby grant and approve this
request in the manner and form herein submitted, and subject to the
approval of the Inspection Department.
25131
1-6
On a motion by Councilman Ochala, seconded by Councilman Bishop,
and unanimously adopted, it was
#659-89 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, August
9, 1989 at 8:00 P.M. at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item:
(1 ) Petition 89-4-1-12, submitted by Ralph and Suzanne
Schweikhart and John and Dolores Lytle for a change
of zoning of property located on the east side of
Newburgh Road between Six and Seven Mile Roads in
the Southwest 1/4 of Section 8, from R-4B to P S. ,
the City Planning Commission in its resolution 6-121-89
having recommended to the City Council that Petition
89-4-1-12 be approved;
(2) Petition 89-5-1-15, submitted by Veterans of Foreign
Wars, for a change of zoning on property located south
of Seven Mile Road and east of Middlebelt Road in
the Northwest 1/4 of Section 12, from R-9II to P,
the City Planning Commission in its resolution 6-124-89
having recommended to the City Council that Petition
89-5-1-15 be approved;
(3) Petition 89-5-1-18, submitted by Leonard and Vicki
Turowski , for a change of zoning on property located
on the east side of Doris, north of Five Mile Road
in the Southeast 1/4 of Section 14, from P.S. to R-1 ,
the City Planning Commission in its resolution 6-127-89
having recommended to the City Council that Petition
89-5-1-18 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or (b)
location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia
as well as to, not less than fifteen (15) days prior to said
public hearing, cause to have notice to be given by registered
mail to each public utility company and to each railroad company
owning or operating any public utility or railroad within the
25132
districts or zones affected, and further, the City Clerk is
1:, requested to do all other things necessary or incidental to
the full performance of this resolution
On a motion by Councilman Ochala, seconded by Councilwoman Toy, and
unanimously adopted, this 1 ,156th Regular Meeting of the Council of the City of
Livonia was adjourned at 8.35 P.M. , July 5, 1989.
Robe F. Nash, City C rk