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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-05-24 25018 ilin MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FIFTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 24, 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 05 P M. Councilwoman Toy delivered the invocation. Roll was called with the following result. Present: Fernon P. Feenstra, Laura Toy, Robert R. Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin, Absent: None. 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, Finance Director; Suzanne Wisler, Director of Community Resources, Edith limsDavis, Personnel Director, Ron Mardiros, City Assessor, John Fegan, Director of Building Inspection; William Crayk, Chief of Police; Robert Beckley, Director of Public Works, Ray Pomerville, Labor Relations Director and Jack Engebretson, Robert Morrow and Herman Kluver of the Planning Commission The Chair introduced the following and thanked them on behalf of the City of Livonia for their Memorial Day observance effort -- the placement of 3500 flags Sunday, May 21 , 1989 on the graves of veterans buried at the Glen Eden and Parkview cemeteries Brownie Troop #172 Leaders - Marilyn Fulkerson Diane Savage 20 adults and scouts Cub Scout Pack #861 (Sponsored by VFW Post 3941 ) Leaders - Emmett and Karen Holmes 27 adult leaders, parents, Iwo cubs and siblings 25019 Boy Scout Troop #782 Ihmo Leader Ken Bourgon and four Scouts Boy Scout Troop #270 Assistant Leader - Dick Szaal and Scout son VFW Post #3941 Leader - George Bisel 20 members and their families On a motion by Councilwoman McCotter, seconded by Councilman Ochala, and unanimously adopted, it was #471-89 RESOLVED, that the minutes of the 1 ,152nd Regular Meeting of the Council of the City of Livonia, held May 10, 1989 are hereby approved. At the direction of the Chair, Item No 5 re a letter from William and Genevieve H Stacy re toxic fumes from a neighbor's furnace was taken off the Li Consent Agenda On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #472-89 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 25, 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2849 4/89, the Council does hereby accept the bid of Etna Supply Company, 529 32nd Street, S.E. , Wyoming, Michigan 49508, for supplying the Public Service Division (Water Maintenance Section) with copper water tubing at the unit prices bid and for a total amount of $51 ,324.00, the same having been in fact the lowest bid received and meets all specifications #473-89 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 25, 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2848 4/89, the Council does hereby accept the bid of SLC Water Service Products, 3059 Dixie Highway, Pontiac, Michigan 48055, for supplying the Public Service Division (Water Maintenance Section) with water service parts and fittings at the unit prices bid and for a total amount law of $19,682.47, the same having been in fact the lowest bid received and meets all specifications. 25020 IL. #474-89 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 25, 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2850 4/89, the Council does hereby accept the bid of Jack Doheny Supplies, Inc , P 0. Box 609, Northville, Michigan 48167, for supplying the Public Service Division (Water Maintenance Section) with one (1 ) self-propelled rear easement cleaner with trailer for the amount of $11 ,000.00 plus an additional $995 00 for hose upgrade for a total amount of $11 ,995 00, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $11 ,995 00 from the Unexpended Fund Balance of the Sewer Fund for this purpose. #475-89 RESOLVED, that having considered a letter from the Quakertown Civic Association, dated May 1 , 1989, requesting permission to close Penn Drive from Stacey to Quakertown on Saturday, June 3, 1989 from 11 00 A.M to 4.00 P M for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action herein being made subject to the approval of the Police Department #476-89 RESOLVED, that having considered a letter from Angelo Colone, 14032 Levan, Livonia, Michigan 48154, received by the IL0 office of the City Clerk on May 2, 1989, wherein an offer to purchase is submitted for certain City-owned property located at 27423 Long, Livonia, Michigan (Lot 41 of the Argonne Subdivision) , the Council does hereby refer this item to the Department of Law for its report and recommendation #477-89 RESOLVED, that having considered a letter from Cornelius H Suddendorf, 9116 Newburgh, Livonia, Michigan 48150, dated May 3, 1989, wherein an interest is indicated for the purchase of certain City-owned property located at 9100 and 9134 Newburgh, being Lot Nos. 126-01-0747-001 and 126-01-0746-003, the Council does hereby refer this item to the Department of Law for its report and recommendation #478-89 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc. , dated May 9, 1989, wherein it is requested that the following City streets be closed to traffic from 8 00 A.M. , June 19, 1989 through 12.00 noon, June 26, 1989• Stark Road from the Family Y, 14255 Stark to Lyndon, Lyndon from Farmington Road to Stark Road the Council does hereby concur in and grant this request in the manner and form herein submitted 25021 #479-89 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc. , dated May 9, 1989, which submits a request for approval of the following items 1 The issuance of a permit to W.G Wade Shows to conduct carnival amusement rides at Henry Ford Field, as part of this year' s Spree ' 39' celebration, on June 20, 21 and 22, 1989 from 3:00 P M. to Midnight and June 23, 24 and 25, 1989 from 12:00 Noon to Midnight 2. The issuance of a permit to the Anniversary Committee to conduct a circus on June 20 - 25, 1989 at Ford Field; 3. Authorization of the Anniversary Committee to conduct a fireworks display to be held at Veterans Park on Sunday, June 25, 1989 at 10:00 P M. , which display will be fired by American Fireworks, subject to providing liability insurance for this event, and subject to the City of Livonia and the Livonia Anniversary Committee, Inc. being designated as additional insured on their policy, 4. Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at the Henry Ford Field, Veterans' Park and the Eddie Edgar Arena during the period of the Spree ' 39' celebration; and 5. A waiver of all fees prescribed by ordinance or law with respect to items 2, 3 and 4 above, as well as a waiver of all vendor's license fees for community organizations and/or groups authorized to participate in Spree ' 39' by the Anniversary Committee; 6. Authorization to place 4' x 8' Spree Signs (may be double sided) on the following publicly owned property from June 10, 1989 through June 26, 1989. a. Ford Field b. Eight Mile Road facing West (Newburgh near Greenmead) c. Eight Mile Road facing East (Newburgh near Greenmead) d. Six Mile Road near Hubbard (Rotary Park) e. Seven Mile Road near Wayne Road (Bicentennial Park) f Plymouth Road at Noble Library near parking lot g. Five Mile Road on island in front of City Hall h. Seven Mile Road at Carl Sandburgh Library i . Senior Citizens Center at Farmington Road and Five Mile Road j. Senior Citizens Center at Plymouth Road and Shelden Center k. Sesquicentennial Park at Plymouth Road and Inkster Road 25022 the Council does hereby approve and concur in the foregoing requests and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. #480-89 RESOLVED, that having considered the report and recommendation from the Director of Labor Relations, dated May 5, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and wherein it is recommended that in accordance with the contract previously authorized between the City and Allied Communications, Inc. , 17360 West Eight Mile Road, Southfield, Michigan 48075, in Council Resolution 338-85, and which was previously extended in Council Resolutions 614-86, 635-87 and 676-88, and which recommends an additional one-year extension for the maintenance of the City's telephone system on the basis of a monthly rate of $1 ,457 55, the Council does hereby approve and concur in such action; further, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. #481-89 RESOLVED, that having considered a communication from the Mayor, dated May 5, 1989, to which is attached a proposed agreement between the City of Livonia and Karoub Associates, 200 North Capitol Building, Suite 500, Lansing, Michigan 48933, to act as the City's legislative consultant for the period January 1 , 1989 through December 31 , 1990, for an annual fee of $20,000.00, including all expenses, the Council does hereby approve the agreement in the manner and form herein submitted; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said Agreement, subject to approval as to form by the Department of Law 1482-89 RESOLVED, that having considered a communication dated April 20, 1989 from the Engineering Department, approved as to form by the Department of Law and approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement for water main purposes more particularly described as follows: Grant of Easement dated March 30, 1989 executed by Michigan National Bank, a national banking association by Gerald J. DeVore, first vice president, for A twenty (20) foot wide easement for water main more particularly described as located in the S.W. 1/4 of Section 15, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, describing the centerline of a 20.00 ft. wide easement for public water purposes being 25023 law more particularly described as follows Beginning at a point on the north line of Five Mile Road, said point being located distant N. 00°04'00" W , 60.00 ft and due east, 240 ft from the southwest corner of said Section 15, thence due north, 163 00 ft to a point of deflection, thence due east from said point 30.00 ft. to a point of ending, thence, from said point of deflection, due north 95 57 ft. , thence N 45°00'00" E , 60.00 ft. ; thence due east 64.64 ft. , thence due north 10.00 ft. to the point of ending at the south right of way line of Westmore Avenue, as established by City of Livonia Ordinance No. 1964, the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Eastment and, further in connection with such acceptance does hereby authorize the Mayor and City Clerk to execute for and in behalf of the City of Livonia an Indemnity Agreement dated March 30, 1989 between the Michigan National Bank and the City of Livonia and the City Clerk is hereby requested to have both instruments noted herein recorded in the office of the Registrar of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. #483-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 3, 1989, approved for submission by the Mayor, the Council does hereby amend Item No. 7 of Council Resolution 3-89, adopted on January 9, 1989, so as to reduce the financial assurances now on deposit with the City for General (Sidewalk) Improvements in the Merriwood Estates Subdivision located in the Northeast 1/4 of Section 3 to $5,000 00 of which at least $2,000 00 shall be in cash, to cover the cost of remaining General Improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City shall remain the same and unchanged. #484-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 28, 1989, which transmits its resolution 4-77-89, adopted on April 18, 1989, with regard to Petition 89-1-3-1 , submitted by Truman A Strong, D.D.S. to vacate a portion of a private easement for public utilities on property located on the southeast corner of Middlebelt Road and Grandon Avenue in the Southwest 1/4 of Section 36, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 89-1-3-1 ; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #485-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which transmits its resolution 4-54-89, adopted on April 4, 1989, 25024 with regard to Petition 89-3-2-18, submitted by Robert Tarn requesting waiver use approval to construct a fast oil change facility on property located on the south side of Grand River Avenue between Inkster Road and Rensellor Avenue in the Northeast 1/4 of Section 1 , which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 89-3-2-18 is hereby approved and granted, such approval being made subject to a variance being granted with respect to the front yard setback requirement by the Zoning Board of Appeals, as well as such approval being based upon compliance with the same conditions which are set forth in the aforesaid recommendation of the Planning Commission An Independent Auditor's Report from Plante & Moran, dated December 21 , 1989 re The Livonia Heart Fund Financial Report for the Year Ended October 31 , 1988 was received and placed on file for the information of the Council A communication from the Director of the Livonia Housing Commission, dated April 20, 1989 re Livonia Housing Commission Audit Report - Fiscal Year Ending December 31 , 1988 was received and placed on file for the information of the Council . #486-89 RESOLVED, that having considered a communication from the Housing Director, dated April 20, 1989, approved for submission by the Mayor, and to which is attached the Consolidated Annual Contributions Contract for Section 8 Existing - Housing Voucher Program, Project No MI-28-V055-003 (34 Vouchers), the Council does hereby approve the Annual Contributions Contract for the aforesaid referenced voucher program in the manner and form herein submitted. #487-89 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated May 11 , 1989, which bears the signature of the Finance Director, is approved as to form by the City Attorney and is approved for submission by the Mayor, to which is attached a document entitled Standards for Non-traditional J 0.B.S. Assignments Outside of the Plant, as well as a proposed form to be executed as a Request for Volunteers with Liability Waiver, the Council does hereby authorize the use of these documents in connection with the referenced GM-UAW J O.B.S. Program and the Director of Community Resources is hereby authorized to do all things necessary or incidental to the full performance of this resolution. #488-89 RESOLVED, that having considered a communication from the City Engineer, dated May 11 , 1989, approved for submission by the Mayor, and to which is attached a City of Livonia Comprehensive Traffic Study and Roadway Improvement Plan prepared 25025 liw by Goodell-Grivas, Inc , dated May, 1989, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #489-89 RESOLVED, that having considered a communication from the City Planning Commission, dated May 15, 1989, which transmits its resolution 5-104-89, adopted on May 9, 1989, with regard to the proposed preliminary plat of Fox Run Estates Subdivision to be located on the east side of Levan Road, south of Lyndon Avenue in the Southeast 1/4 of Section 20, City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said preliminary plat was given by the City Planning Commission on May 9, 1989, the Council does hereby approve of the said preliminary plat subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements #490-89 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Adamas Inc. , 31000 Industrial Road, Livonia, Michigan 48154, dated May 12, 1989, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 50, lio NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows• 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A. 1974, as amended 2. The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council 's interest in this matter, and (ii ) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and (iii ) advise the said taxing units of this Council 's desire to hold a hearing on this Application on Monday, June 26, 1989, at 8 00 P.M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, June 26, 1989, at 8.00 P.M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on this Application. #491-89 RESOLVED, that having considered a communication from ibms the City Engineer, dated May 3, 1989, approved for submission by the Mayor, and submitted pursuant to Council Resolution 513-87, 25026 and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Shadyside Avenue for a distance of 240' north of Seven Mile Road, 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 May 3, 1989, and that there has been a full compliance with all of the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, June 26, 1989 at 8:00 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 11. 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. #492-89 RESOLVED, that having considered a communication from the City Engineer, dated May 3, 1989, approved for submission by the Mayor, and submitted pursuant to Council Resolution 513-87, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Westmore Avenue for a distance of 150' north of Seven Mile Road, 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 May 3, Imp 1989, 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, 25027 lip June 26, 1989 at 8.00 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 #493-89 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 Monday, June 26, 1989, at 8.00 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: 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, the City Planning Commission in its resolution 5-92-89 having recommended to the City Council that Petition 89-3-1-7 be approved, and 160 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result• AYES• Toy, Bishop, McCotter, Taylor, Ochala, Jurcisin and Feenstra. NAYS None. The President declared the resolutions adopted On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was 25028 1494-89 RESOLVED, that having considered a letter from William Land Genevieve H. Stacy, 36615 Munger Avenue, Livonia, Michigan 48154, dated May 9, 1989, with regard to problems which may result from toxic fumes emanating from the venting system of 90% efficiency furnaces, and having also considered the report and recommendation of the Director of Inspection dated May 18, 1989, approved for submission by the Mayor the Council does hereby receive and file this item On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, it was 1495-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 17, 1989, and submitted pursuant to Council Resolution 327-89 in connection with a communication from the City Planning Commission, dated March 20, 1989, which transmits its resolution 2-34-89, adopted on February 28, 1989, with regard to Petition 89-1-2-1 , submitted by Kirk's Kwik Stop, Inc , requesting waiver use approval to utilize an SDD license in connection with an existing party store located on the southeast corner of Ann Arbor Road and Knolson Avenue in the Southwest 1/4 of Section 31 , which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 160 89-1-2-1 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Bishop, McCotter and Jurcisin. NAYS: Taylor, Ochala and Feenstra. The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #496-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 17, 1989, and submitted pursuant to Council Resolution 332-89 in connection with a communication from the City Planning Commission, dated March 23, 1989, which transmits its resolution 3-52-89, adopted on March 20, 1989, with regard to Petition 89-2-2-17, submitted by Trapp Associates Ltd. , requesting waiver use approval L to construct a restaurant to be located on the south side of Seven Mile Road between 1-96 (1-275) and Haggerty Road in the Northwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 89-2-2-17 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. 25029 On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, Land unanimously adopted, it was #497-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 17, 1989, and submitted pursuant to Council Resolution 333-89 in connection with a communication from the City Planning Commission, dated March 23, 1989, which transmits its resolution 3-53-89, adopted on March 20, 1989, with regard to Petition 89-2-2-15, submitted by Trapp Associates Ltd. , requesting waiver use approval to utilize a Class C liquor license (serving of liquor, beer and wine by the glass) in conjunction with a restaurant to be located on the south side of Seven Mile Road between I-96 (I-275) and Haggerty Road in the Northwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 89-2-2-15 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 On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was ION #498-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 17, 1989, and submitted pursuant to Council Resolution 310-89 in connection with a communication from the Personnel Director and the Director of Labor Relations, dated April 3, 1989, which transmits a resolution adopted by the Civil Service Commission on March 16, 1989, wherein certain salary adjustments and benefits for the classifications of Police Chief, Fire Chief and Deputy Police Chief for the period December 1 , 1988 through November 30, 1991 are recommended for approval , the Council does hereby concur in and approve of such action. On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 17, 1989, and submitted pursuant to Council Resolution 310-89 in connection with a letter from the Mayor, dated April 3, 1989, with regard to the position of Director of Labor Relations, the Council does hereby determine that as an alternative to the established salary and benefits for a full time Director lbw of Labor Relations, as approved by Council Resolution 830-87, the City Council does hereby also establish an hourly compensation 25030 of $38 00 per hour when the Director is employed on a parttime lior basis, effective June 1 , 1989, further, that this hourly wage, when in effect represents the full and complete compensation for services rendered under Title of this position with none of the benefits presently afforded to other employees and appointive positions of the City On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was RESOLVED, that the Council does hereby refer the proposed determination on the position of Director of Labor Relations to the Committee of the Whole for its report and recommendation A roll call vote was taken on the referral resolution with the following result• AYES Toy, Bishop and McCotter NAYS Taylor, Ochala, Jurcisin and Feenstra The President declared the resolution to refer denied L roll call vote was taken on the original resolution with the following result. #499-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 17, 1989, and submitted pursuant to Council Resolution 310-89 in connection with a letter from the Mayor, dated April 3, 1989, with regard to the position of Director of Labor Relations, the Council does hereby determine that as an alternative to the established salary and benefits for a full time Director of Labor Relations, as approved by Council Resolution 830-87, the City Council does hereby also establish an hourly compensation of $38.00 per hour when the Director is employed on a parttime basis, effective June 1 , 1989, further, that this hourly wage, when in effect represents the full and complete compensation for services rendered under Title of this position with none of the benefits presently afforded to other employees and appointive positions of the City. AYES. Bishop, Taylor, Ochala, Jurcisin and Feenstra. NAYS Toy and McCotter. The President declared the resolution adopted Councilman Bishop took from the table, for second reading and adoption, he following Ordinance• 25031 lbw AN ORDINANCE AMENDING SECTION 270 OF TITLE 10, CHAPTER 21 (TRAFFIC VIOLATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES• Toy, Bishop, McCotter, Taylor, Ochala, Jurcisin and Feenstra. NAYS• None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE AMENDING SECTION 010 OF TITLE 10, CHAPTER 90 (PEDESTRIANS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Toy, Bishop, McCotter, Taylor, Ochala, Jurcisin and Feenstra. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilwoman McCotter took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 060 OF TITLE 9, CHAPTER 32 (ALCOHOLIC BEVERAGES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result• AYES Toy, Bishop, McCotter, Taylor, Ochala, Jurcisin and Feenstra. NAYS None 25032 he President declared the foregoing Ordinance duly adopted, and would become 60 effective on publication. Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 120 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 next regular meeting. Councilwoman McCotter gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 070 OF TITLE IL 10, CHAPTER 54 (LOAD LIMITS AND TOWING REGULATIONS) 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 Jurcisin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 050C OF TITLE 10, CHAPTER 27 (TRAFFIC REGULATIONS) 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 IN xt regular meeting. 25033 On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #500-89 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 11 , 1989, approved for submission by the Mayor, as well as also having considered a letter from Robert J. Farris, Agent for North American Life, dated May 11 , 1989, and a letter from the Director of Finance, dated May 12, 1989, approved for submission by the Mayor, the Council does hereby accept the bid of Essex Insurance Group Ltd. (Agent), 17177 N. Laurel Park Drive, Suite 429, Livonia, Michigan 48152 to provide the City of Livonia with Life Insurance and Accidental Death and Dismemberment Coverage, being Group America (Insurance Company) , the same having been in fact the lowest bid received and meets all specifications. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #501-89 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 11 , 1989, approved for submission by the Mayor, as well as also having considered a letter from Robert J. Farris, Agent for North American Life, dated May 11 , 1989, and a letter from the Director of Finance, dated May 12, 1989, approved for submission by the Mayor, the Council does hereby determine that the City of Livonia shall provide self-insuring short term disability coverage and that the Third Party Administrator shall be Corporate Services, Inc. , 29500 W. Five Mile Road, P.O. Box 5715, Livonia, Michigan 48150-5715, for a control set-up cost of $1 ,500 00 and a monthly cost of $1 .50 per eligible employee. On a motion by Councilwoman McCotter, seconded by Councilman Ochala, and unanimously adopted, it was 1502-89 RESOLVED, that having considered a communication from the President of the Ancient Order of Hibernians Building Corporation, 24242 Grand River, Detroit, Michigan 48219, dated May 1 , 1989, wherein a request is submitted for waiver of the City's insurance requirement with respect to the sale of alcoholic beverages at the Irish Feis to take place on June 3, 1989 at the Eddie Edgar Ice Arena at Ford Field, the Council does hereby reject and deny this request. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, it was 25034 RESOLVED, that having considered a letter from the L Treasurer of Graco Robotics, Inc. , dated May 8, 1989, as well as a letter from Thompson-Brown Realtors, dated May 15, 1989, wherein it is indicated that Graco Robotics, Inc. intends to transfer facilities from 12898 Westmore, Livonia, Michigan to Plymouth Township and it further indicates that Graco Robotics, Inc. desires to obtain a 1974 P A. 198 exemption and an Act 338 exemption for the Plymouth Township facility, the Council does hereby consent to the transfer as herein requested; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Jurcisin and Feenstra. NAYS: Toy, McCotter, Taylor and Ochala The President declared the resolution denied On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was #503-89 RESOLVED, that having considered a letter from the Treasurer of Graco Robotics, Inc. , dated May 8, 1989, as well as a letter from Thompson-Brown Realtors, dated May 15, 1989, wherein it is indicated that Graco Robotics, Inc. intends to transfer facilities from 12898 Westmore, Livonia, Michigan to Plymouth Township and it further indicates that Graco Robotics, Inc. desires to obtain a 1974 P A. 198 exemption and an Act 338 exemption for the Plymouth Township facility, the Council does hereby reject and deny this request, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, McCotter, Taylor, Ochala and Feenstra. NAYS. Bishop and Jurcisin. The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Taylor, it was 25035 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 11 , 1989, approved for submission by the Mayor, the Council does hereby authorize the sale of 3.5 acres (+/-) of City-owned land located on the West side of Newburgh Road at the intersection of Pembroke Avenue for a price of $360,000 00 to the U.S. Postal Authority, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community and in accordance with Section 3.05.090B & C of the Livonia Code of Ordinances, as amended, provided, however, that the use of the proceeds from this sale are hereby limited to the development and maintenance of Greenmead, including the Historical Village; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute an Offer to Sell Real Property, a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction. On a motion by Councilman Jurcisin, it was RESOLVED, that the foregoing resolution regarding the sale of City-owned land on the West side of Newburgh Road at the intersection of Pembroke Avenue to the U S. Postal Authority be referred to the Committee of the Whole for its report and recommendation. The motion failed for lack of support. A roll call vote was taken on the original resolution with the following result: #504-89 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 11 , 1989, approved for submission by the Mayor, the Council does hereby authorize the sale of 3.5 acres (+/-) of City-owned land located on the West side of Newburgh Road at the intersection of Pembroke Avenue for a price of $360,000.00 to the U.S. Postal Authority, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community and in accordance with Section 3.05.090B & C of the Livonia Code of Ordinances, as amended; provided, however, that the use of the proceeds from this sale are hereby limited to the development and maintenance of Greenmead, including the Historical Village; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute an Offer to Sell Real Property, a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; and the Department of Law is hereby requested 25036 ILI to prepare and place in proper form such legal documents as may be necessary to consummate this transaction. AYES Toy, Bishop, McCotter, Taylor, Ochala, Jurcisin and Feenstra. NAYS None. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #505-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 23, 1989, the report and recommendation of the Chief of Police, dated May 11 , 1989, and the report and recommendation of the Director of Inspection, dated May 8, 1989, to which is attached a report from the Fire Marshal , dated May 3, 1989, the Council does hereby approve of the request from Paul Sabatini for a Dance-Entertainment Permit to be held in conjunction with 1988 Class C Licensed Business located at 31630 Plymouth Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to is the Michigan Liquor Control Commission. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #506-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which transmits its resolution 4-68-89, adopted on April 4, 1989, with regard to a sign permit application submitted by Hart and Leidal Investment Co. for a wall and two ground signs located at the Civic Center Office Plaza, northeast corner of Five Mile and Farmington Roads, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application subject to compliance with the same conditions as set forth in the aforesaid action of the Planning Commission, as well as the additional condition that the ground sign on Farmington Road shall be relocated to the north side of the north driveway On a motion by Councilman Taylor, seconded by Councilwoman McCotter, liwlnd unanimously adopted, it was 25037 L #507-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which transmits its resolution 4-51-89, adopted on April 4, 1989, with regard to Petition 89-2-2-13, submitted by Northridge Commons Associates, requesting waiver use approval to construct and operate a Subway Sub Shop within the Northridge Commons Shopping Center located on the south side of Eight Mile Road west of Farmington Road in the Northeast 1/4 of Section 4, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #508-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which transmits its resolution 4-52-89, adopted on April 4, 1989, with regard to Petition 89-2-2-14, submitted by Northridge Commons Associates, requesting waiver use approval to construct and operate a Coney Island Restaurant within the Northridge Commons Shopping Center located on the south side of Eight Mile Road west of Farmington Road in the Northeast 1/4 of Section 4, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilwoman McCotter, seconded by Councilman Jurcisin, it was #509-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 28, 1989, which transmits its resolution 4-76-89, adopted on April 18, 1989, with regard to Petition 89-2-2-16, submitted by Meadowdale Foods, Inc. , requesting waiver use approval to utilize SDD and SDM licenses in conjunction with a new Great Scott Supermarket located within the Livonia Plaza Shopping Center on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 89-2-2-16 is hereby approved and granted with respect to the SDM license only. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, McCotter, Taylor, Jurcisin and Feenstra. NAYS Toy and Ochala Lie President declared the resolution adopted. 25038 On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was #510-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which transmits its resolution 4-55-89, adopted on April 4, 1989, with regard to Petition 89-3-2-20, submitted by Consumers Power Company, requesting waiver use approval to construct a natural gas regulator station on property located on the west side of Newburgh Road between Amrhein Road and Grantland Avenue in the Southeast 1/4 of Section 7, which property is zoned RUF, the Council does hereby reject the recommendation made by Planning Commission and Petition 89-3-2-20 is hereby denied for the following reasons: 1 . That the petitioner has failed to affirmatively show that the proposed use is in compliance with the general waiver use standards and requirements set forth in Section 19.06 of the Zoning Ordinance 543. 2. That the proposed use would be detrimental to and incompatible with the adjoining uses of the area. 3. That the proposed use represents an encroachment of a non-residential use into a residential neighborhood 4. That the proposed use is contrary to good land use planning principles which seek to protect residential uses from the adverse effects of uses which tend to be incompatible to those residential uses. A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Bishop, McCotter, Taylor, Ochala and Jurcisin. NAYS. Feenstra. The President declared the resolution adopted On a motion by Councilwoman Toy, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which transmits its resolution 4-67-89, adopted on April 4, 1989, with regard to Petition 89-3-8-11 , submitted by Fred J Armour, requesting site plan approval in connection with a proposal Lig to construct a retail sales building located on the north side of Seven Mile Road between Farmington Road and Shadyside in 25039 Imw the Southwest 1/4 of Section 3, 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 89-3-8-11 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 On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was #511-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which transmits its resolution 4-67-89, adopted on April 4, 1989, with regard to Petition 89-3-8-11 , submitted by Fred J. Armour, requesting site plan approval in connection with a proposal to construct a retail sales building located on the north side of Seven Mile Road between Farmington Road and Shadyside in the Southwest 1/4 of Section 3, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 111 roll call vote was taken on the foregoing resolution with the following result: AYES. Toy, McCotter, Taylor, Ochala and Jurcisin. NAYS. Bishop and Feenstra. The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was 1512-89 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 324 for a proposed street improvement consisting of a 28 ft. wide full-depth asphalt pavement (approximately 7 - 1/2 inches thick) with mountable asphalt curbs (Alternate III) on Foch, Clarita, Pickford and Goff in the East 1/2 of the Northeast 1/4 of Section 12 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on May L 15, 1989 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to 25040 cover the district portion of the cost of a street improvement lioto be constructed in Special Assessment District No 324; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated May 7, 1989, in the amount of $332,112 00, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , (2) Said Special Assessment Roll No. 324 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of eight (8%) per annum on the unpaid balance of the assessment from December 1 , 1990. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10 00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1 , 1991 and subsequent installments on December 1st of succeeding years. (4) Pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1 , 1990, lbw (5) The first installment shall be spread upon the 1991 City tax roll in the manner required by Section 3.08.210 25041 110 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1990, and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) years interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3.08.200, or after the expiration of the sixty (60) day period as provided by Section 3.08.220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 15% of the paving costs ($58,608.00) and 100% of the drainage costs ($150,000 00) for a total amount of $208,608.00. On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was 1513-89 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation on providing adequate traffic signage on Foch, Clarita, Pickford and Goff in the East 1/2 of the Northeast 1/4 of Section 12 upon completion of the street improvement in that area. On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #514-89 RESOLVED, that having considered a letter from Mike and Kim Brown, 27462 Margareta, Livonia, Michigan 48152, dated February 27, 1989, and before determining to improve Margareta, Pershing and the remainder of Goff with a proposed street improvement in the East 1/2 of the Northeast 1/4 of Section 12 in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as 111.. to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation 25042 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, pursuant to the provisions of Section 3.08 060 of the Livonia Code of Ordinances, as amended. On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #515-89 RESOLVED, that having considered a letter from Geneva Halliday, Treasurer of the Michigan Depression Glass Society, received by the office of the City Clerk on May 11 , 1989, wherein a check is enclosed in the amount of $315.00 by way of appreciation for the use of the Livonia Senior Citizens Center, the Council does hereby, for and on behalf of the City of Livonia, accept the said donation. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #516-89 RESOLVED, that having considered a communication from the Historical Commission, dated May 10, 1989, approved by the Director of Finance and approved for submission by the Mayor, which indicates that the Livonia Anniversary Committee, Inc. (Spree) has submitted a donation in the amount of $500.00 to be used for the Clarenceville Cemetery fence, the Council does, for and on behalf of the City of Livonia, accept the said doantion and does further authorize the deposit in Account 723-000-285-230. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #517-89 RESOLVED, that having considered a communication from the Mayor, dated May 11 , 1989, the Council does hereby approve of and concur in the reappointment of Robert L. Morrow, 19421 Laurel , Livonia, Michigan 48152, to the City Planning Commission, for a term of three years, which will expire on June 9, 1992, provided that Mr Morrow takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was 25043 110 #518-89 RESOLVED, that having considered a communication from the Mayor, dated May 11 , 1989, the Council does hereby approve of and concur in the reappointment of Herman H. Kluver, 16017 Riverside, Livonia, Michigan 48154, to the City Planning Commission, for a term of three years, which will expire on June 9, 1992, provided that Mr. Kluver takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #519-89 RESOLVED, that having considered a communication from the Mayor, dated May 11 , 1989, the Council does hereby approve of and concur in the reappointment of Donald Vyhnalek, 34940 Wood Drive, Livonia, Michigan 48154, to the City Planning Commission, for a term of three years, which will expire on June 9, 1992, provided that Mr. Vyhnalek takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk. On a motion by Councilman Taylor, seconded by Councilman Ochala, Lnd unanimously adopted, it was #520-89 WHEREAS, the City of Livonia has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the City of Livonia by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel , and WHEREAS, the City of Livonia has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the City of Livonia desires that the investment of funds held under its deferred compensation plan be administered by the ICMA Retirement Corporation, and that such funds be held by the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their deferred compensation plans and money purchase retirement plans, NOW THEREFORE BE IT RESOLVED that the City of Livonia hereby executes the Declaration of Trust of the ICMA Retirement Trust, referenced hereto as Appendix B 25044 ILOn a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 1521-89 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 Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #522-89 RESOLVED, that having considered a communication from the Department of Law, dated May 19, 1989, as well as a communication from the City Clerk, dated April 20, 1989, and submitted pursuant to Council Resolution 360-89 in connection with a letter from the Polish Army Veterans' Association of America, Joseph Pilsudski , Post 78, 4959-63 Martin Avenue, Detroit, Michigan, dated April 10, 1989, wherein a request is submitted for permission to conduct the annual "Blue Flower", Polish Poppy Collection, on June 9-10, 1989, the Council does L hereby concur in and approve of this request in the manner and form herein submitted. On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was 1523-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 17, 1989, which sets forth its resolution 2-31-89, adopted on February 28, 1989, with regard to Petition 88-12-1-39, submitted by John Mahn, for a change of zoning on property located on the east side of Wayne Road, south of Ann Arbor Trail in the Southwest 1/4 of Section 33, from R-1 to C-2, and the Council having conducted a public hearing with regard to this matter on May 22, 1989, pursuant to Council Resolution 311-89, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES. Toy, Bishop, McCotter, Jurcisin and Feenstra. NAYS. Taylor and Ochala. Irhe President declared the resolution adopted. 25045 On a motion by Councilman Taylor, seconded by Councilwoman Toy, Land unanimously adopted, it was #524-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 27, 1989, which transmits its resolution 3-54-89, adopted on March 20, 1989, with regard to Petition 89-2-8-7, submitted by Michael C. DeLaere, requesting site plan approval in connection with a proposal to construct an addition to an existing theater located on the north side of Plymouth Road between Sears Drive and Tech Center Drive in the Southwest 1/4 of Section 26, pursuant to the provisions set forth in Section 18.58 of Ordinance No. 543, as amended, and the Council having conducted a public hearing with regard to this matter on May 22, 1989, pursuant to Council Resolution 312-89, 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 McCotter, and unanimously adopted, it was #525-89 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 22, 1989, and submitted pursuant to Council Resolution 1064-88 in connection with the question of permitting sit-down restaurants in C-1 districts, the Council does hereby request that the Planning Commission submit its report and recommendation on the proposed amendment of Zoning Ordinance 543 with respect to restaurant regulations, inasmuch as this subject appears to require expeditious attention On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #526-89 WHEREAS, pursuant to the direction of the City Council in its resolution 132-89, adopted on February 6, 1989, and in accordance with Section 3.08.100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 12, 1989 an assessment roll dated May 10, 1989 for the proposed street improvement consisting of a 34 ft. wide 7" thick concrete pavement with curbs and gutters (Alternate I) on Hubbard Road, Five Mile to Jamison containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 132-89. 16. 25046 Iwo THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council , that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3.08.110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, Monday, June 26, 1989 at 8.00 P.M to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard. IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of June 26, 1989; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class ' mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, this 1 ,153rd Regular Meeting of the Council of the City of Livonia was adjourned at 9.15 P M. , May 24, 1989. Ro ert F Nash, City Clerk