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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-09-25 25255 1160 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SIXTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 25, 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 Taylor 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: Robert F Nash, City Clerk; Robert D. Bennett, Mayor, Elaine Tuttle, City Treasurer, Harry Tatigian, City Attorney, John Nagy, Planning Director, Gary Clark, Assistant City Engineer, Karen Szymula, Director of Legislative Aff?irs , David Preston, Director of Finance, Jame: LInglis, Director of Housing, Suzanne Wisler, Director of Community Resources, John Fegan, Director of Building Inspection, Jeanne Treff, Cable TV Director and George Sills, Superintendent of Public Service Division On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #862-89 RESOLVED, that the minutes of the 1 ,160th Regular Meeting of the Council of the City of Livonia, held September 6, 1989 are hereby approved. A communication from the AFSCME Council 25 Staff Representative for Local 192, dated September 18, 1989 re Notice to Modify and/or Amend Agreement Opening of Negotiations was received and placed on file for the information of the Council On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, lip and unanimously adopted, it was 25256 #863-89 RESOLVED, that having considered a communication from the Planning Commission, dated August 30, 1989, which transmits the "Capital Improvement Program, 1990-1995" , the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation. On a motion unanimously introduced, supported and adopted, it was #864-89 WHEREAS, Laura M. Toy, co-owner of Cardwell Florist in Livonia and Livonia City Councilwoman, has been awarded the Livonia Chamber of Commerce Athena Award for 1989; and WHEREAS, the Athena Award is a nation-wide award of excellence created to honor individuals who attain the highest level of professional excellence in recognizing and encouraging the achievements of women in business, and WHEREAS, nominees for the award are judged on various criteria, demonstration of support of the goals of professional women, demonstration of service to business and to the community, and demonstration of creativity and initiative to enhancing the efficiency of business and the stability of the community, and WHEREAS, Laura M. Toy exhibited success in meeting all these criteria with a host of achievements and services NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Livonia, County of Wayne, State of Michigan, do hereby take this means to congratulate and commend Laura M. Toy for the honor which has been bestowed upon her by the Livonia Chamber of Commerce Athena Award 1989 On a motion unanimously introduced, supported and adopted, it was #865-89 WHEREAS, Harry C. Tatigian, City Attorney for the City of Livonia, has been selected to receive the Distinguished Municipal Attorney Award at the Annual Conference of the Michigan Association of Municipal Attorneys, and WHEREAS, various names were solicited from the municipal attorneys of member municipalities and from the Board of Directors of the Michigan Association of Municipal Attorneys, and WHEREAS, nominees for the award are judged on various criteria by the Board of Directors in its selection for the Distinguished Municipal Attorney Award• length of career as municipal attorney, successful representation of municipal interests before courts of the state, readiness to serve in 25257 any capacity to improve municipal law, leadership and ability in the practice of municipal law during the years of distinguished public service as municipal attorney for the City of Livonia, integrity and dedication, and numerous other criteria NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia, County of Wayne, State of Michigan, does hereby take this means to congratulate and commend Harry C. Tatigian for the honor which has been bestowed upon him by the Board of Directors of the Michigan Association of Municipal Attorneys as the Distinguished Municipal Attorney. A communication from the Finance Director, dated September 20, 1989, forwarding various financial statements of the City of Livonia for the month ending August 31 , 1989 was received and placed on file for the information of the Council At the direction of the Chair, Item No. 28 b. , establishing a public hearing date for the proposed expansion of Industrial Development District No. 46, Borg Warner Automotive, Inc. was removed from the Consent Agenda. On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #866-89 RESOLVED, that having considered a letter from Mrs. Nancy K. Liddle, 28921 Grandon, Livonia, Michigan 48150, dated August 31 , 1989, requesting the installation of curb drops at the southwest corner of Grandon and Hartel and the northeast corner of Joy and Harrison, the Council does hereby refer this item to the Engineering Department for its report and recommendation. #867-89 RESOLVED, that having considered a petition submitted by certain residents of the Castle Gardens Subdivision, received by the office of the City Clerk on August 31 , 1989, requesting the installation of street lights in their area, the Council does hereby refer this item to the Engineering Department for its report and recommendation. #868-89 RESOLVED, that having considered a letter from Mr. Joseph Boley, 15139 Ellen Drive, Livonia, Michigan 48154, received by the office of the City Clerk on August 31 , 1989, 25258 wherein a request is submitted for the vacating of a certain easement located at the rear of his property, the Council does hereby refer this item to the City Planning Commission for action and reLommendation in accordance with provisions of law and City Charter. A communication from the Arrangements Chairperson of the Livonia CROP Committee, dated August 23, 1989 re the sixth "Livonia CROP Walk for the Hungry" was received and placed on file for the information of the Council . #869-89 RESOLVED, that having considered a letter from Mr. Hagop Payaslian, 30355 Westfield, Livonia, Michigan 48150, dated August 28, 1989, in connection with the payment of the 1987 winter taxes on his property, and having also considered a report and recommendation from the City Treasurer, dated September 18, 1989 with respect to this item, the Council does hereby refer the same to the Department of Law for its report and recommendation. #870-89 RESOLVED, that having considered a communication from the Chairman of the Arts Commission, dated August 31 , 1989, approved by the Finance Director and approved for submission by the Mayor, wherein a request is submitted for a waiver of charges for Parks Maintenance personnel for services rendered at the Livonia Arts and Crafts Festival at Greenmead on June 10 and 11 , 1989, in the amount of $943.68, the Council does hereby approve the waiver of such charges in the manner and form herein submitted. #871-89 RESOLVED, that having considered a letter from the Livonia Heart Fund, dated September 1 , 1989, the Council does hereby determine as follows: (1 ) That the Livonia Heart Fund is a worthy non-profit charity in the community; (2) That the City of Livonia shall be one of the co-sponsors of the 1990 Golf Day Benefit, and (3) That the Livonia Heart Fund is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Courses on Wednesday, August 29, 1990, for the 13th Annual Golf Outing and that all fees in connection therewith be waived. #872-89 RESOLVED, that having considered a letter from the Chairman of the 1989 Heritage Fair and the Livonia Historical Commission, dated August 24, 1989, approved by the Finance Director and approved for submission by the Mayor, wherein a request is submitted for the waiving of charges for Building 25259 Maintenance personnel for the Heritage Fair conducted at Greenmead on June 4, 1989, in the amount of $553 56, the Council does hereby approve and waive the said charges in the manner and form herein requested #873-89 RESOLVED, that having considered a communication from the City Librarian, dated August 22, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk to execute the two attached agreements between the City and Sonitrol Corporation which will upgrade the present security system at the Noble and Sandburg Libraries and which agreements are for terms of five years, the Noble Branch Library Agreement being in the amount of $384 00 per quarter, and the agreement for the Sandburg Branch Library in the amount of $357.00 per quarter, further, the Council does hereby authorize the said agreements without competitive bidding in accordance with the provisions set forth in Section 3.04 140D5 of the Livonia Code of Ordinances, as amended #874-89 RESOLVED, that the Council does hereby request that the Cable Television Commission submit its report and recommendation on the status of providing security systems for City buildings in accordance with the franchise agreement between the City of Livonia and Metrovision. #875-89 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 23, 1989, approved for submission by the Mayor and Finance Director, and which sets forth Parks and Recreation Commission resolutions 2042-89 and 2019-89, wherein it is requested that the Council endorse grant applications for the Quality of Life Bond Issue of 1988 for Clement Circle Park, Devonaire Woods, Veterans Park and Rosedale Park, the Council does hereby concur in and approve such action. A communication from the Chairman of the Traffic Commission, dated August 16, 1989 re CR 645-89 and possible elimination of access to Shadyside, North of Seven Mile Road from Joe' s Produce Markets was received and placed on file for the information of the Council #876-89 RESOLVED, that having considered a communication from the Director of Housing, dated August 29, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which sets forth the recommendation of the Housing Commission, wherein a rental increase is proposed effective December 1 , 1989, establishing the following rental rates for the properties listed, 25260 Proposed 2 Bedroom $133 29149 Morlock 20121 Floral 27545 Long 11683 Cardwell 3 Bedroom 11910 Cardwell $200 12411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 9700 Newburgh 33916 Five Mile 9400 Newburgh 4 Bedroom $266 20120 Deering the Council does hereby concur in and approve of such action. #877-89 RESOLVED, that having considered a communication from the Director of Housing, dated August 29, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which sets forth the recommendation of the Housing Commission wherein a rental adjustment be authorized increasing rental rates for Silver Village effective December 1 , 1989 as follows: Adjusted Rent Bedroom Size (Effective 12-1-89 One Bedroom $215.00 Two Bedroom $245.00 the Council does hereby concur in and approve of such action. A communication from the Director of the Livonia Housing Commission, dated August 29, 1989 re Livonia Housing Commission Application for Federal Decontrol Status was received and placed on file for the information of the Council . #878-89 RESOLVED, that having considered a communication from Lthe Judges of the 16th District Court, dated September 3, 1989, to which is attached Administrative Order No. 611 , wherein 25261 Dennis E. Epler is appointed as a Magistrate of the 16th District Court, commencing on October 5, 1989 at an annual compensation rate in the amount of $29,000.00 per year with benefits afforded full-time employees, the Council does hereby concur in and approve of the said appointment and rate of compensation. A communication from the Chief of the Livonia Division of Police, dated September 6, 1989 re 38703 Seven Mile Road - Class C License (Cooker Bar & Grille) was received and placed on file for the information of the Council . A communication from the Chief of the Livonia Division of Police, dated September 6, 1989 re 37714 Six Mile, Class C License (Max & Erma's Restaurants, Inc. ) was received and placed on file for the information of the Council . #879-89 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated September 5, 1989, which bears the signature of the City Attorney and the Finance Director, and is approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and Northwest Transport Co. to provide specialized transportation services for non-transferable handicapped persons in Northwest Wayne County, Farmington and Farmington Hills, and a proposed agreement between the City of Livonia and SMART for support of this program, the Council does hereby authorize the Mayor and City Clerk to execute the said agreements in the manner and form herein described, subject to the approval , as to form, of the Department of Law. #880-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 30, 1989, approved for submission by the Mayor, the Council does hereby amend Item No. 7 of Council Resolution 884-88, adopted on September 14, 1988, as amended by Council Resolution 258-89, so as to reduce the financial assurances now on deposit with the City for sidewalk improvements to $6,000.00, of which $2,000.00 shall be in cash, in the Regency Circle Subdivision No. 2, located in the Southwest 1/4 of Section 31 , and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, the Council does hereby authorize the release to Regency Circle Associates, Mr. Richard M. Lewiston, 21790 Coolidge Highway, Oak Park, Michigan 48237, the proprietor of the Regency Circle Subdivision No. 2 of the financial assurances previously deposited with respect to entrance markers in the amount of $5,000.00 (of which $1 ,000.00 was to be in cash) ; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily 25262 installed in accordance with the rules and regulations and ordinances of the City of Livonia. #881-89 RESOLED, that having considered the report and recommendation of the City Engineer, dated August 30, 1989, approved for submission by the Mayor, the Council does hereby authorize the release to Regency Circle Associates, Mr. Richard M. Lewiston, 21790 Coolidge Highway, Oak Park, Michigan 48237, the proprietor of the Regency Circle Subdivisicn, located in the Southwest 1/4 of Section 31 , the financial assurances previously deposited with respect to sidewalk improvements, in the sum of $12,500.00, of which $2,000.00 was to be in cash and the entrance marker in the amount of $5,000.00, of which $1 ,000.00 was to be in cash, pursuant to Council Resolution 57-88, adopted on January 27, 1988, and subsequently amended in Council Resolution 738-88, further, all other financial assurances now on deposit with the City with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. #862-89 RESOLVED, that having considered the report and Iwo recommendation of the Historic Preservation Commission, dated September 11 , 1989, which bears the signature of the Director of Community Resources, is approved by the Finance Director and approved for submission by the Mayor, and to which is attached a proposal submitted by Simpson Granite Works, 23466 Grand River, Detroit, Michigan 48219, for the Clarenceville Cemetery Monuments Restoration, dated August 31 , 1989, the Council does hereby authorize the said Simpson Granite Works to complete Phase I and Phase II of this proposed project for a sum not to exceed $5,000.00, the same to be appropriated and expended from Account No. 101-736-974-000; 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. #883-89 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated September 10, 1989, which bears the signature of the Director of Community Resources, approved by the Finance Director and approved for submission by the Mayor, with regard to the renewal of the contract between the City of Livonia and Suzanne Daniel , a member of the Livonia Historical Commission, as designated by the Commission, authorizing the purchase by this member of artifacts and furnishings, the Council does hereby authorize the said extension in the manner and form herein recommended for a one year period, I.• the said one year extension to be based upon the same terms and conditions as those which are set forth in a contract dated 25263 Lis June 18, 1986, which contract was previously authorized in Council Resolution 536-86, adopted on June 4, 1986, and thereafter authorized to be renewed in Council Resolution 488-87, adopted on June 3, 1987, and in C)uncil Resolution 543-88, adopted on June 22, 1988; 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 contract extension, which contract shall be prepared by the Department of Law in accordance with the action taken herein. #884-89 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated September 5, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the following grants in the following service categories and funding sources and approve execution of the contract with The Senior Alliance* Personal Care $15,781 (Federal ) Homemaker $13,416 (Federal ) Chore $10,115 (Federal ) further, the Council does hereby approve the attached grant classifications and pay rates which shall commence on October 1 , 1989 and terminate on September 30, 1990, with the only 110 benefit provided being Holiday Pay after completion of 480 hours. #885-89 RESOLVED, that having considered a communication from the City Planning Commission, dated August 28, 1989, which transmits its resolution 8-178-89, adopted on August 15, 1989, with regard to Petition 89-7-2-43, submitted by Jim Meinershagen for Shorr Electronics, requesting waiver use approval to utilize an existing building for the installation of automotive electronic equipment on property located on the north side of Plymouth Road between Merriman and Hubbard Roads in the Southwest 1/4 of Section 27, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #886-89 RESOLVED, that having considered a communication from the City Planning Commission, dated August 28, 1989, which transmits its resolution 8-180-89, with regard to Petition 89-8-3-5, submitted by the City Planning Commission, pursuant to Council Resolution 584-89, requesting the vacating of a drainage easement located on Lots 178 through 186 and 211 , 212 and 213 of the Sunset Hills Subdivision located on the west side of Middlebelt between Curtis and Clarita in the Northeast 1/4 of Section 11 , the Council does hereby concur in the recommendation of the City Planning Commission and does Im. grant and approve Petition 89-8-3-5, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. 25264 Iwp #887-89 RESOLVED, that having considered the report and recomrrendation of the Department of Law, dated August 28, 1989, approved for submission by the Mayor, and submitted pursuant to Council Resolution 620-89 in connection with 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 determine to take no further action at this time #888-89 RESOLVED, that having considered a letter from the Kingsbury Heights - Renwick Park Civic Association, dated September 15, 1989, regarding the installation of identification signs as entrance markers at the entrances to the Kingsbury Heights - Renwick Park Subdivision, the Council does hereby request that the Department of Law prepare an appropriate agreement by which the City gives authorization to the Kingsbury Heights - Renwick Park Civic Association to use the necessary portions of the rights-of-way, and the Mayor and City Clerk are hereby requested to affix their signatures to the aforesaid agreement, for and on behalf of the City of Livonia, in this regard 889-89 RESOLVED, that having considered a communication from the City Engineer, dated September 8, 1989, approved for submission by the Mayor, and submitted pursuant to Council Resolution 287-87, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Hillcrest Avenue, North of Seven Mile Road, in the Southwest 1/4 of Section 2, 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 September 8, 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 Wednesday, November 15, 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 25265 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. #890-89 RESOLVED, that having considered a communication from the Mayor, dated September 15, 1989, the Council does hereby determine te conduct a public hearing on Tuesday, October 10, 1989 at 8:0C P M. , at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items. 1 . The proposed annual budget for the City of Livonia for the fiscal year commencing December 1 , 1989, and 2 The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing; and the City Clerk shall give adequate public notice of said public hearings in accordance with the provisions of law and City Charter A roll call vote was taken on the foregoing resolutions with the following results AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra IMONAYS: None On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #891-89 WHEREAS, the City of Livonia has received a request from Gordon and Green, P.0 , legal counsel for Kirco Realty and Development, Ltd , dated September 15, 1989, which submits an application proposing the expansion of an industrial development district, and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to expand "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 37.298 acres lying in the Southeast 1/4 of Section 26, as more particularly described in Exhibits A and B in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No. 46" , 25266 lb. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 . The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 46. 2. This City Council sets Monday, October 16, 1989 at 7,00 P.M as the date for the holding of a public hearing on the question of whether this City Council should expand the Industrial Development District described above 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of expanding the Industrial Development District described aboVG. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #892-89 RESOLVED, that having considered the report and Ift. r���m�SDda�i�D Of thG C�m�itt�� of th� WhOle, d��Sd 5GptS�bgr 11 , 1989, and submitted pursuant to Council Resolution 1001-88, in connection with a communication from the Department of Law, dated September 30, 1988, approved fPr submission by the Mayor, with regard to the rental/sale of property located at 29157 Perth, and having also considered a letter from Mr. and Mrs. Gerald R. Cyrul , dated October 12, 1988, the Council does hereby determine to take no further action. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was 1893-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 11 , 1989" and submitted pursuant to Council Resolution 511-89, in connection with 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 25267 lis 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 revised site plan dated September 18, 1989 and the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, as well as the following additional conditions 1 To continue with three soldier courses of brick around the North elevation, and 2 Installation of either side-lights or shutters on the North elevation doors A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS Taylor The President declared the resolution adopted On a motion ty Councilman Jurcisin, seconded by Councilman Ochala, Lit was #894-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 11 , 1989, and submitted pursuant to Council Resolution 594-89 with regard to the proposed two year extension of the current contract between the City of Livonia and the Michigan Humane Society for animal shelter service, and having also considered a letter dated September 14, 1989 from the Director of Public Works, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement (as revised) which would extend the current contract between the City of Livonia and the Michigan Humane Society for animal shelter services for a two year period, at no increase in cost A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 25268 #895-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 11 , 1989, and submitted pursuant to Council Resolution 547-89 in connection with a communication from the Department of Law, dated May 18, 1989, approved for submission by the Mayor, to which is attached a Notice of Class Action lawsuit seeking reimbursement for Court operational expenses, the Council does hereby refer this item to the Department of Law for an updated report and recommendation On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #896-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 13, 1989, and submitted pursuant to Council Resolution 698-89 in connection with a communication from the City Planning Commission, dated April 28, 1989, which sets forth its resolution 4-70-89, adopted on April 18, 1989, with regard to Petition 89-1-1-1 , submitted by Renate Goettmann, for a change of zoning on property located on the west s;Jc of F?rmington Road betweFn Eight Mile and Norfolk Avenue in the Northeast 1/4 of Section 4, from RUFA to P S , and the Council having conducted a public hearing with regard to this matter on June 19, 1989, pursuant to Council Resolution 432-89, the Council does hereby concur in the recommendation of the Planning Commission and Petition 89-1-1-1 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #897-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 13, 1989, and submitted pursuant to Council Resolution 699-89 in connection with a communication from the City Planning Commission, dated April 28, 1989, which sets forth its resolution 4-72-89, adopted on April 18, 1989, with with regard to Petition 89-1-1-3, submitted by Boggio Associates, Inc for Building Company of America, for a change of zoning on property located on the west side of Farmington Road, south of Eight Mile Road in the Northeast 1/4 of Section 4, from RUFA to P S , and the Council having conducted a public hearing with regard to this matter on June 19, 1989, pursuant to Council Resolution 432-89, the Council does hereby concur in the recommendation of the IwoPlanning Commission and Petition 89-1-1-3 is hereby denied for 25269 the same reasons as those set forth in the action taken by the Planning Commission On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #898-89 RESOLVED, that raving considered the report and recommendation of the Committee of the Whole, dated September 13, 1989, and submitted pursuant to Council Resolution 488-89 in connection with 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 by Goodell-Grivas, Inc , dated May, 1989, the Council does hereby request reports and recommendations from the Traffic Commission, Police Department, the Director of Public Works, the City Engineer and the City Planner On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #899-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 20, 1989, and submitted pursuant to Council Resolution 678-89 in connection with a letter from the City Treasurer, dated June 29, 1989, and submitted pursuant to Council Resolution 435-89, with regard to an audit report comment wherein it was recommended that the City Treasurer relinquish all blank checks by delivering same to the Finance Director, the Council does hereby determine to take no further action since the said blank checks have been reported as being destroyed, further, it is hereby agreed by all parties concerned that original bank statements and charges, including copies of checks, will be filed with the City Treasurer after reconciliation by the Finance Director On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #900-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 20, 1989, and submitted pursuant to Council Resolution 762-89 in connection with a letter from the Director of Finance, dated July 28, 1989, approved for submission by the Mayor, and Imo submitted pursuant to Council Resolution 436-89, with regard to establishing internal control on weed cutting receivables 25270 in accordance with the recommendation set forth in the audit report for the fiscal year ending November 30, l886, which was completed by Plante & Moran, the Council does hereby refer this item to the Mayor, Finance U rector and the City Treasurer for disposition Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTIONS 090 AND 100 OF TITLE 12, CHAPTER 04 (STREETS AND SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result~ AYES: Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS' None The President declared the foregoing Ordinance duly adopted, and would become effective on publication lbw Councilman Bishop took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 290 OF TITLE 16, CHAPTER 24 (IMPROVEMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES. Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ochala left the podium at 8:23 P.M * Councilwoman McCotter took from the table, for second reading and adoption, Lithe following Ordinance 25271 AN ORDINANCE VACATING PORTIONS OF STREET, Ni- ALLEY �ND PUB[IC GROUND, /PetitfOn 89-5-3-3\ A roll call vote was taken on the foregoing Ordinance with the following result` AYES Taylor, Jurcisin, Toy, Bishop, McCotter and Fe8nstra. NAYS, None The President declared the foregoing Ordinance duly adopted, and would become effective on publication *Councilman Ochala asked that the record reflect that he disqualified himself from discussion of this item as he had recently received a referral for a real estate Client from the petitioner This referral was in no way related to the agenda item. However, after discussion with the City Attorney, Ochala took this action so as to avoid an appearance of any conflict of interest Ochala returned to the podium at 8 24 p m LCouncilwoman Toy took from the table for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 060*070 and 110 OF TITLE 16, CHAPTER 32 (LOT PARTITION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance 25272 lim AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING CHAPTER 3. THERETO (Petition 89-4-1-13) A roll call vote was taken on the foregoing Ordinance with the following result AYES• Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO (Petition 89-5-1-15) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ochala left the podium at 8.29 P M.* Councilman Taylor took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ib. ZONING ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 89-5-1-16) 25273 A roll call vote was taken on the foregoing Ordinance with the following result --- AYES Tailor, Jurcisin , Toy, Bishop, McCotter and Feenstra NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication *Councilman Ochala asked that the record reflect that he disqualified himself from discussion of this item as he had recently received a referral for a real estate client from the petitioner This referral was in no way related to the agenda item. However, after discussion with the City Attorney, Ochala took this action so as to avoid an appearance of any conflict of interest Ochala returned to the podium at 8 31 P M. Councilwoman McCotter took from the table, for second reading and adoption, is the following Ordinance AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition 89-5-1-18\ A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Jurcisin took from the table, for second reading and adoption, the following Ordinance LI AN ORDINANCE AMENDING SECTION 24 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING 25274 ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA L ZONING DRDINANCE« RY ADDING 3ECTIUM 3 THERETO (Petition 89-5-l-l9) A roll call vote was taken on the foregoing Ordinance with the following result' AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO (Petition 89-4-1-9\ L. A roll call vote was taken on the foregoing Ordinance with the following result` AYES' Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #901-89 RESOLVED, that having considered a letter from Thomas C. Carravallah, 29688 Orangelawn, Livonia, Michigan 48150, received by the office of the City Clerk on August 28, 1989, and to which is attached a petition from certain residents on Orangelawn between Middlebelt and Louise requesting that the protective wall of the Wonderland Mall parking lot that adjoins their property be increased in height so as to abate the problems referred to, the Council does hereby refer this item to the Comm- ittge of the Whole for its report and recommendation. 25275 communication from the Chief of the Livonia Division of Police, dated LA 3eptember 6, 1989, re 37716 Six Mile - Class C License (Real Seafood Company) was received and placed on file for the information of the Council On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #902-89 RESOLVED, that the Council does hereby determine to take no further action with regard to the matter of the name designation of the restaurant to be operated by Real Seafood Company of Laurel Park Place, Inc. , at 37716 Six Mile Road, Livonia, Michigan On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #903-89 RESOLVED, that having considerea ihe report and recommendation of the City Engineer, dated August 30, 1989, which bears the signature of the Finance Director and the � Superintendent of Parks and Recreation and is approved for N�w submission by the Mayor, the Council does hereby authorize final payment in the amount of $3,851 40 to South Hill Construction Company, 51490 Pontiac Trail , Wixom, Michigan, which sum includes the full and complete balance due on a contract which was authorized in Council Resolution 16-89 in the amount of $56,995.00, the actual contract amount completed to date being $00,840,40, in connection with the Whispering Willows Golf Course pond improvement, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor' s affidavit, appropriate waivers and warranties, maintenance and guarantee bond have been filed , and for this purpose, the Council does hereby appropriate and authorize the expenditure of an additional sum of $3,851 .40 from the Golf Course Capital Projects Fund Account On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was #904-89 RESOLVED, that having considered a communication from the City Planning Commission, dated September 1 , 1989, which transmits its resolution 8-191-89, adopted on August 29, 1089, L with regard to a sign permit application, submitted by Poblocki 25276 & Sons for a ground sign to be located at the Target Store in the Wonderland Shopping Mall , the Council does hereby refer UK this item to the Comrittee of the Whole for its report and recomnendation, A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Jurcisin, Bishop, McCotter and Feenstra. NAYS. Ochala and Toy The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was RESOLVED, that having considered a communication from the City Planning Commission, dated September 1 , 1989, which transmits its resolution 8-187-89, adopted on August 29, 1989, with regard to Petition 89-7-2-40, submitted by 5-Newburgh Deli , requesting waiver use approval to operate a delicatessen with customer seating within an existing building located ci.n thc west side of Newburgh Road, north of Five Mile Road in the Southwest 1/4 of Section 18, which property is zoned C-2, the Council does hereby refer this item to the Committee of the L Whole for its report and recommendation On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated September 1 , 1989, which transmits its resolution 8-187-89, adopted on August 29, 1989, with regard to Petition 89-7-2-40, submitted by 5-Newburgh Deli , requesting waiver use approval to operate a delicatessen with customer seating within an existing building located on the west side of Newburgh Road, north of Five Mile Road in the Southwest 1/4 of Section 18, which property is zoned C-2, the Council does hereby reject the recommendation made by the City Planning Commission and Petition 89-7-2-40 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the � general waiver use standards and requirements set forth ��� in Section 19 06 of the Zoning Ordinance No 543 25277 Lbw 2 That the proposed use would tend to overburden the subject site in that the available off-street parking and access to and from the site is limited 3 The proposed use is incompatible to and not in harmony with the surrounding uses in the area A roll call vote was taken on the motion to substitute with the following result AYES Taylor, Ochala, Jurcisin and Feenstra NAYS Toy, Bishop and McCotter The President declared the resolution to substitute adopted On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was #905-89 RESOLVED, that having considered a communication from the City Planning Commission, dated September 1 , 1989, which transmits its resolution 8-187-89, adopted on August 29, 1989, with regard to nc+ition 89-7-2-40, submitted by 5-Newburgh Deli , requesting waiver use approval to operate a delicatessen with imm customer seating within an existing building located on the west side of Newburgh Road, north of Five Mile Road in the Southwest 1/4 of Section 18, which property is zoned C-2, the Council does hereby reject the recommendation made by the City Planning Commission and Petition 89-7-2-40 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements set forth in Section 19 06 of the Zoning Ordinance No 543 2 That the proposed use would tend to overburden the subject site in that the available off-street parking and access to and from the site is limited 3 The proposed use is incompatible to and not in harmony with the surrounding uses in the area A roll call vote was taken on the substitute resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None Imis The President declared the resolution adopted 25278 On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #906-89 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to authorize the issuance and sale of its Water Supply and Sewage Disposal System Revenue Bonds, Series 1989 (Limited Tax General Obligation) pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in an amount Of not to exceed Five Million Dollars ($5,000,000) , for the purpose of defraying the City's share of the cost of acquiring and constructing additions, extensions and improvements to the City' s Water Supply and Sewage Disposal System, and WHEREAS, prior to issuance of bonds the City must either receive prior approval of the bonds from the Michigan Department of Treasury or be exempt from prior approval as provided in Chapter III, Section II of Act 202, Public Acts of Michigan, 1943, as amended, and WHEREAS, in order to be exempt from prior approval , the City must notify the Department c; Treagury of its intent to issue the bonds and must agree to pay the filing fees required by the aforesaid act. NOW, THEREFORE, BE IT RESOLVED THAT 1 . The Finance Director is authorized to notify the Department of Treasury of the City's intent to issue the bonds described in the preamble to this resolution and request an order providing an exception for the bonds from prior approval by the Department of Treasury 2. The City agrees to pay to the state the filing fees prescribed by law in connection with the issuance of an obligation with respect to the bonds described in the preamble to this resolution 3 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution by and the same hereby are rescinded On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was #907-89 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 18, � 1989, approved for submission by the Mayor, to which is attached 25279 an agreement between the City of Livonia and New World Systems, Corp , 1700 W Big Beaver, Suite 355, Troy, Michigan 48084, which would provide maintenance for software application as listed undLr Section 4 and would also provide services as listed under Section 2 of the proposed agreement and which agreement would be for the period October 1 , 1989 through September 30, 1990 and wherein New World Systems would reduce their hourly cost for support services and their annual maintenance fee from their original offer, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, subject to approval as to form by the City Attorney, and the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04 14OD5 of the Livonia Code of Ordinances, as amended On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #908-89 RESOLVED, that having considered a communication from the City Planning Commission, dated July 28, 1989, which cots forth its resolution 7-158-89, adopted on July 18, 1989, with regard to Petition 89-5-1-21 , submitted by the City Planning Commission for a change of zoning on property located on the north side of Seven Mile Road between Lathers Avenue and Angling Road in the Southeast 1/4 of Section 1 , from RUF to C-1 and P, and the Council having conducted a public hearing with regard to this matter on September 11 , 1989, pursuant to Council Resolution 773-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-5-1-21 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #909-89 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 327 for a proposed road improvement consisting of a 31 ft. wide asphalt pavement with concrete curbs and gutters (Alternate lis II) on Shadyside Avenue for a distance of 240' north of Seven Mile Road in the Southwest 1/4 of Section 3, in the City of 25280 lin 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 September 11 , 1989 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No. 327, 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 July 24, 1989, in the amount of $25,031 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 327 is hereby approved and confirmed in all respects, Imo (3) The amount of said roll shall be divided into ten (10) 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 25281 1160 owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1 , 1990, (5) The first installment shall be spread upon the 1991 City tax roll in the manner required by Section 3 08 210 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 ($3,135 00), 100% of drainage costs ($4,025 00) and 240 ao2essable feet ($11 ,040 00) for a total amount of $18,200 00 lowOn a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #910-89 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 328 for a proposed road improvement consisting of a 31 ft 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, 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 September 11 , 1989 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 328, 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 25282 dated July 24, 1989, in the amount of $16,344 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 328 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) 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 sha'l be due and payable December 1 , 1991 and subooquent installments on DeLember 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, (5) The first installment shall be spread upon the 1991 City tax roll in the manner required by Section 3 08 210 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 25283 Iss 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 ($2,188 00) , 100% of drainage costs ($1 ,736 00) and 20 lineal feet ($920 00) , for a total amount of $4,844 00 On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #911-89 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 329 for a proposed road improvement consisting of the proposed extension of 900 ft of paving and utilities along Industrial Road in the North 1/2 of Section 27 and the extension of Hubbard Road to South of Schoolcraft Road in the North 1/2 of Section 27, 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 September 18, 1989 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 329, 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 July 26, 1989, in the amount of $446,110 28, 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 329 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, 25284 1110 however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessnent 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, lbsti (5) The first installment shall be spread upon the 1991 City tax roll in the manner required by Section 3 08 210 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 improvements with respect to City-owned parcel 106-99-001-000 in the total amount of $45,761 28 for sanitary sewer, water, paving and drainage 25285 On a motion by Councilman Ochala, seconded by Councilwoman McCotter, lio and unanimously adopted, it was #912-89 RESOLVED, that having considered a communication from the City Planning Commission, dated July 5, 1989, which sets forth its resolution 6-151-89, adopted on June 27, 1989, with regard to Petition 89-4-1-14, submitted by Boris Stoyanovich for Stoyan ' s Brothers Inc , for a change of zoning on property located south of Plymouth Road between Levan Road and Yale Avenue in the Northeast 1 ,4 of Section 32, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on September 18, 1989, pursuant to Council Resolution 687-89, the Council does hereby refer this item to the next Study session to be conducted on September 27, 1989 On a motion by Councilwoman Toy, seconded by Councilman Ochala, it was #913-89 RESOLVED, that having considered a communication from the City Planning Commission, dated August 3, 1989, which transmits its resolution 8-170-89, adopted wi August 1 , 1989, with regard to Petition 89-6-2-37, submitted by Keith A Newmarch, low requesting waiver use approval to operate an auto reconditioning shop on property located on the northwest corner of Plymouth Road and Belden Court in the Southwest 1/4 of Section 28, which property is zoned M-1 , the Council does hereby reject the recommendation made by the City Planning Commission and Petition 89-6-2-37 is hereby approved and granted A roll call vote was taken on the foregoing resolution with the following result* AYES Taylor, Ochala, Jurcisin, Toy, McCotter and Feenstra NAYS Bishop The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was #914-89 RESOLVED, that having considered a communication from the City Planning Commission, dated August 3, 1989, which transmits its resolution 8-173-89, adopted on August 1 , 1989, with regard to Petition 87-11-2-55, Phase II , submitted by Northridge Commons Associates, requesting revised site plan Ifto approval in connection with a proposal to construct a shopping center on the south side of Eight Mile Road between Farmington 25286 Gill ROads in the Northeast l/4 uf Section 4, pursuant to the provisions set fnrth in 5eotinn l8 42 of Ordinancg No 543, Land us amended, th8 CVunCil doeS hereby reject the recommSndation of the Planning Commission and Petition 87-11-2-55, Phase II , is hereby approved and granted, further, the Council does hereby approve the proposed sign plan submitted with regard to this project, conditioned upon compliance with the conditions set forth in the action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result` AYES Taylor, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS Ochala The President declared the resolution adopted On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was #915-89 RESOLVED, that having considered a communication from the City Planning CVmm'ssiVn, dated July 28, 1989, which sets forth its resolution 7-155-89, adopted on July 18, 1989, with regard to Petition 89-4-1-11 , submitted by the City Planning Commission to determine whether or not to rezone Lot 351 of 0L- Supervisor' s Livonia Plat No 6 located on the South side of Eight Mile Road between Middlebelt Road and Clarenceville Cemetery in the Northwest 1/4 of Section 1 , from RUF to P S , and the Council having conducted a public hearing with regard to this matter on September 20, 1989, pursuant to Council Resolution 772-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-4-1-11 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,upun 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 Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #916-89 RESOLVED, that having considered a communication from the City Planning Commission, dated July 28, 1989, which sets forth its resolution 7-163-89, adopted on July 18, 1989, with Iwo regard to Petition 89-5-1-17, submitted by Linda LaMaumauiex for a change of zoning on property located south of Grantland 25287 iim Avenue between Arcola Avenue and Inkster Road in the Southeast 1/4 of Section 25, from R-1 to P, and the Council having conducted a public hearing with regard to this matter on September 20, 1989, pursuant to Council Resolution 712-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-5-1-17 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Councilwoman McCotter, seconded by Councilman Ochala, and unanimously adopted, it was #917-89 RESOLVED, that having considered a communication from the City Planning Commission, dated July 28, 1989, which sets forth its resolution 7-159-89, adopted on July 18, 1989, with regard to Petition 89-6-1-22, submitted by Darryl Rogers for International Development, for a change of zoning on property located east of e2'den Court and south of the C & 0 Railroad in the Southwest 1/4 of Section 28, from R-5 to M-1 , and the Council having conducted a public hearing with regard to this matter on September 20, 1989, pursuant to Council Resolution 774-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-6-1-22 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #918-89 RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 1989, which sets forth its resolution 6-150-89, adopted on June 27, 1989, with regard to Petition 89-1-6-1 , submitted by the City Planning Commission to determine whether or not to amend Sections 2 08, 10 03 and 11 03 of the Zoning Ordinance No 543 to establish regulations regarding restaurants and other types of eating establishments, and the Council having conducted a public hearing with regard to this matter on September 20, 1989, pursuant to Council Resolution 774-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-1-6-1 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 25288 On a motion by Councilman Ochala, seconded by Councilman Bishop, Land unanimously adopted, it was #919-89 RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 198¢, which sets forth its resolution 6-150-89, adopted on June 27, 1989, with regard to Petition 89-1-6-1 , submitted by the City Planning Commission to determine whether or not to amend Sections 2 08, 10 03 and 11 03 of the Zoning Ordinance No. 543 to establish regulations regarding restaurants and other types of eating establishments, and the Council having conducted a public hearing with regard to this matter on September 20, 1989, pursuant to Council Resolution 774-89, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #920-89 RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 1989, which sets forth its resolution 6-146-89, adopted on June 27, 1989, with regard to Petition 89-4-6-4^ submitted by the City Planning Commission to determine whether or not to amend Section 23,05 of Zoning Ordinance No. 543 to add a requirement for a sign to be erected on proposed property to be rezoned, and the Council having conducted a public hearing with regard to this matter on September 20, 1989, pursuant to Council Resolution 774-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 80-4-6-4 is hereby approved and granted, as revised, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #921-89 RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 1989, which sets forth its resolution 6-146-89, adopted on June 27, 1989, with regard to Petition 89-4-6-4, submitted by the City Planning Commission to determine whether or not to amend Section 23.05 Of Zoning Ordinance No. 543 to add a requirement for a sign to be erected on proposed property to be rezoned, and the Council having conducted a public hearing with regard to this matter on September 20, 1989, pursuant to Council Resolution 774-89^ 25289 the Council does hereby refer this item to the Legislative Committee for its report and recommendation On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #922~89 RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 1989, which sets forth its resolution 6-147-89, adopted on June 27, 1989, with regard to Petition 89-6-6-6, submitted by the City Planning Commission to determine whether or not to amend Section 22. 13 of Zoning Ordinance No 543 so as to add language with respect to an exception to barrier free rules, and the Council having conducted a public hearing with regard to this matter on September 20, 1989, pursuant to Council Resolution 774-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-5-6-6 is hereby approved and granted, as revised, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #923~89 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 25, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation of $390 00 from Central Distributors, Inc , 28100 Gorsuch Ave, , Romulus, Michigan 48174, submitted in behalf of The Livonia Anniversary Committee for use in the Livonia Youth Assistance Program and the Council does hereby appropriate the aforesaid $350 00 to be deposited in Account No. 702-000-285-215 for this purpose On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #924-89 RESOLVED, that having considered a communication from the Director of Emergency Preparedness, dated August 7, 1989, which bears the signatures of the Mayor and Finance Director, and which indicates that the Fire Department has received checks for the Department's Hazardous Material Team in the amount of $2,200 00 from BASF Corporation, Hygrade Food Products and Borg-Warner Automotive, the Council does, for and on behalf � of the City of Livonia, accept the said donations, the same ��" to be deposited in Account No 702-000-285-280, 25290 Imp On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #925-89 RESOLVED, that having considered a communication from the Historical Commission, dated September 10, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept $1 ,640,00 in cash donations from the parties indicated, for Greenmead, to be deposited in Account No 723-000-690-200, as well as cash donations in the amount of $50.00 from the parties indicated, for Greenmead, to be deposited in Account No. 723-000- 690-010 On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #926-89 RESOLVED, that having considered a communication from the Historical Commission, dated September 10, 1989, approved by the Firance Director and approved frr submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the artifacts detailed to Greenmead from the parties indicated in the aforesaid communication. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #927-89 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 Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #928-89 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from ARCAD, Inc. , dated September 21 , 1989, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 46 (Kirco Realty & Development, Ltd. ) , NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia that it determines as follows 25291 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental L units deriving propertv tdxeS fr0m the prDpertv whiCh will be affected, as required by A:t 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, October 16, 1989 at 7 30 P.M. at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. 3 The Council hereby sets Monday, October 16, 1989 at 7.30 P.M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan as the date, time and place for conducting a hearing on said application. On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, this 1 ,161st Regular Meeting of the Council of the City of LLivonia was adjourned at 9^l5 P M. , September 25, 1989. 44-4(e4 .144.1 Robert F. Nash, City Clerk