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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-11-01 25345 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SIXTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 1 , 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 01 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 Robert F Nash, City Clerk, Harry Tatigian, City Attorney, Robert D Bennett, Mayor, John Nagy, Planning Director, Raul Galindo City Engineer, Karen Szymula, Director of Legislative Affairs , David Preston, Director of Finance, Ronald Reinke, Superintendent of the Department 161, of Parks and Recreation and Tom Carey, Traffic Commission On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #990-89 RESOLVED, that the minutes of the 1 ,163rd Regular Meeting of the Council of the City of Livonia, held October 18, 1989 are hereby approved A communication from the Finance Director, dated October 20, 1989 forwarding the various financial statements for the month ending September 30, 1989 was received and placed on file for the information of the Council On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was #991-89 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated October 3, 1989, which bears the signature of the Director of Finance and is approved Iwo for submission by the Mayor, the Council does hereby accept the bid of Gorman's Business Interiors, Inc , 22153 Telegraph, 25346 Southfield, Michigan 48034, for supplying the Fire Department with furniture for the price of $9,427 40, 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 $9,427 40 from the Unexpended Fund Balance Account for this purpose #992-89 RESOLVED, that having considered a petition submitted by certain residents on Orangelawn, received by the office of the City Clerk on October 18, 1989, wherein a request is submitted for a street improvement on Orangelawn between Stark Road and Farmington Road in the City of Livonia, the Council does hereby refer this item to the Engineering Department for its report and recommendation #993-89 RESOLVED, that having considered letters from certain residents on Louise and Brookview Streets, dated October 13, 1989, requesting the improvement of Louise from the Sunset Park Estates Subdivision southward to Six Mile Road, the Council does hereby refer this item to the Engineering Department for its report and recommendation #994-89 RESOLVED, that having considered letters from certain residents on Louise and Brookview Streets, dated October 13, 1989, requesting the improvement of Louise from the Sunset Park Estates Subdivision southward to Six Mile Road, the Council does hereby request that the Director of Public Works submit a report and recommendation with regard to the temporary improvement of Louise Avenue from the Sunset Park Estates Subdivision southward to Six Mile Road #995-89 RESOLVED, that having considered letters from certain residents on Louise and Brookview Streets, dated October 13, 1989, requesting the improvement of Louise from the Sunset Park Estates Subdivision southward to Six Mile Road, the Council does hereby request that the City Engineer submit a report and recommendation with regard to when the streets in the Sunset Park Estates Subdivision will be capped and completed #996-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 10, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the payment of the sum of $10,470 34 to KDA/CM, 15875 Middlebelt Road, Livonia, Michigan 48154, for all services rendered for the emergency roof repair at the Eddie Edgar Ice Arena, the same to be appropriated and expended from Account No 101-447-818-020 for this purpose, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 imb of the Livonia Code of Ordinances, as amended 25347 1110 #997-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 10, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby concur in accepting the grant award and continuing as Implementing and Financial Agency for the period July 31 , 1989 through September 30, 1989, in connection with the Southeast Michigan Major Drug Conspiracy Investigative Unit, Federal I D #38-6005820 #998-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 10, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby concur in accepting the grant award and continuing as Implementing and Financial Agency for the period October 1 , 1989 through September 30, 1990, in connection with the Southeast Michigan Major Drug Conspiracy Investigative Unit, Federal I D #38-6005820 A communication from the Director of Public Works, dated October 10, 1989 re Air Conditioning, Ceiling and Lighting Replacement at Shelden Park Senior limCenter - Final Cost Information was received and placed on file for the information of the Council #999-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 10, 1989, approved for submission by the Mayor, with regard to the Second Annual Golf Outing which is to be conducted on July 18, 1990, at the Fox Creek Golf Course, the proceeds of which are to be donated to DARE , and wherein it is requested that all fees at the Fox Creek Golf Course be waived, the Council does hereby grant and approve this request in the manner and form herein submitted A communication from the Chief of the Livonia Division of Police, dated October 10, 1989 re Council Resolution 644-89 and Council Resolution647-89 Joe' s Produce, Seven Mile Road and Shadyside was received and placed on file for the information of the Council #1000-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 12, 1989, which bears the signature of the Finance Director and is approved imsfor submission by the Mayor, the Council does hereby authorize the Engineering Department to include as an addition the 25348 installation of curb drops at the Southeast corner of Grandon and Hartel and the Northeast corner of Joy and Harrison, as part of the 1989 Sidewalk Repair Program (Contract 89-L) for a sum not to exceed $3,700 00, further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $3,700 00 from Michigan Transportation Funds (Local Road Account) for this purpose #1001-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 3, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached a communication from the Division Design Engineer for the Wayne County Department of Public Services, dated September 28, 1989, notifying the City that it is proposed that Merriman Road be reconstructed and widened from Joy Road to Plymouth Road during the 1990 construction season for an estimated cost of $2,110,500 00, and the City of Livonia participation is estimated to be $269,000 00, the Council does hereby take this means to indicate that the Council will participate in the project cost and that it is the City' s intent to have the Mayor and City Clerk execute a tri-party agreement with the State and County at such time as the original agreement is received from the County Executive, subject to approval as to form by the Department of Law #1002-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 15, 1989, approved for submission by the Mayor, and to which is attached a letter from Mr Gilbert Pietrandrea, 33837 Six Mile Road, Livonia, Michigan 48154, dated September 15, 1989, who is the owner of two parcels of land located at the end of Merriman Court, and who has requested that the Engineering Deprtment extend Merriman Court an additional 25 ft to service his property, the total cost of which is to be incurred by Mr Pietrandrea, the Council does hereby authorize the Engineering Department to proceed with Mr Pietrandrea' s request in the manner and form herein submitted A communication from the Mayor, dated October 17, 1989, re Fox Creek Golf Course Entrance - No Left Turn (Council Resolutions627-89 & 578-88) was received and placed on file for the information of the Council #1003-89 RESOLVED, that having considered a communication from the Mayor, dated October 17, 1989, with regard to the Fox Creek Golf Course entrance - no left turn sign, and to which are attached reports and recommendations from the Chief of Police, dated October 10, 1989 and July 26, 1989, from the iwo City Engineer, dated June 22, 1989, and from the Superintendent of Parks and Recreation, dated September 29, 1988, the Council 25349 does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation #1004-89 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the question of providing access to the Fox Creek Golf Course from Seven Mile Road #1005-89 RESOLVED, that having considered a communication dated October 9, 1989, from the Engineering Department and approved for submission by the Mayor, the Council does hereby determine to dedicate and relinquish a public right-of-way to be known as Pembroke Avenue being described as follows A public right-of-way in the N E 1/4 of Section 6, to be known as Pembroke Avenue, said right-of-way being more particularly described as follows That part of the N E 1/4 of Section 6, T 1S , R 9E , City of Livonia, Wayne County, Michigan described as Commencing at the E 1/4 corner of Section 6, T 1S , R 9E , City of Livonia, Wayne County, Michigan and proceeding thence S 87° 38' 52" W , 60 00 feet along the E -W 1/4 line of said Section 6 to a point on the westerly right-of-way line Lim of Newburgh Road (120 ft wd ) , said point being the point of beginning, continuing thence along said section line S 87° 38' 52" W , 1 ,815 77 feet, thence N 01 ° 39' 24" W , 86 01 feet, thence N 87° 38' 52" E , 1 ,811 67 feet, thence N 42° 57' 47" E , 5 69 feet, thence S 01 ° 43' 17" E , 90 01 feet to the point of beginning (Pembroke Avenue Right-Of-Way) AND That part of the N E 1/4 of Section 6, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as Commencing at the East 1/4 corner of said Section 6, thence N. 01 ° 43' 17" W , along the East line of said Section 6, 100 0 feet and S 87° 38' 52" W , 60 00 feet to the west line of Newburgh Road (120 ft wide) and the point of beginning, thence S. 87° 38' 52" W , 550 0 feet, thence S 01 ° 43' 17" E , 14 0 feet, thence N 87° 38' 52" E , 546 22 feet, thence N 42° 57' 47" E , 5 69 feet, thence N 01 ° 43' 17" W , 9 99 feet to the point of beginning. (Pembroke Avenue Right-Of-Way) and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution, and be it further resolved, that said street is a public street and is for public street purposes, and further, that said street is accepted into the City Local Street System 25350 #1006-89 RESOLVED, that the Council does hereby request that Lthe Planning Department submit to the City Council such plans as it may have now or in the future have available with respect to the development of the U S Postal site which is to be located at the Northwest corner of Pembroke Avenue and Newburgh Road. #1007-89 RESOLVED, that having considered a communication from the Department of Law, dated October 13, 1989, approved for submission by the Mayor and submitted pursuant to Council Resolution 476-89 in connection with a letter from Angelo Colone, 14032 Levan, Livonia, Michigan 48154, received by the 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 determine to take no further action #1000-89 RESOLVED, that having considered a cOmnunication from the Council President, dated October 23, 1989, as amended, the Council does hereby authorize the purchase of furniture in the approximate amount of $4,000 00 for the Council Office; further, the Council does hereby encumber $1 ,200 00 from the 1988-89 Budget Account No. 101-101-934-000 and t7 ,000 00 from the 1988-89 Budget Account No. 101-101-885-000, the same to be transferred to Account No 101-101-981-000 of the 1989-90 � Budget for this purpose, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3 04. 140D5 of the Livonia Code of Ordinances, as amended. #1009-89 WHEREAS, the City of Livonia has received a request from Robert D. Wilcox, President, Hy-Form Products, Inc. , dated October 19, 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 2, 16 acres lying in the Northeast 1/4 of Section 29, as more particularly described 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 9" , NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 25351 LiThe City Clerk is dirgcted t0 give written nVtfce by . certified meil of this actiOn tO all owners Of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 9 2 This City Council sets Wednesday, December 13, 1989 at 7 30 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 above #1010-89 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Hy-Form Products, Inc, , dated October 19, 1989, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 9, 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 Wednesday December 13, 1989, at 8 00 P M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, MiChigan, 3. The Council hereby sets Wednesday, December 13, 1989, at 8^0O 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 #1011-89 RESOLVED, that having considered a communication dated October 24, 1989 from Doug Lombardi , Bottles & Stuff, Ltd II , which in accordance with the provisions of Section NL 19,08 of Ordinance 543, as amended, the Zoning Ordinance, takes 25352 Iss an appeal from a determination made on October 17, 1989, by the City Planning Commission in its resolution 10-221-89 with regard to a one-year extension of Petition 88-4-2-16 submitted by Donald Laidlaw, Bottles & Stuff II Ltd , requesting waiver use approval to utilize an SDD License within an existing party store located on the west side of Newburgh Road between Five Mile Road and Lancaster Avenue in the Southeast 1/4 of Section 18, which property is zoned C-2, the Council does hereby designate Wednesday, December 13, 1989 at 8 00 P M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. 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 Councilman Taylor took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE AMENDING SECTION 1 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 89-5-1-21 ) 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 25353 Imo Councilwoman McCotter gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 89-8-3- 5) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 22 13 TO ARTICLE XXII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE " (Petition 89-5-6-6) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances limiin 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 25 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 89-5-1-20) 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 25354 Councilwoman Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 25 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 89-5-1-17) 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 Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITES AS "THE CITY OF LIVONIA Ibm ZONING ORDINANCE" BY ADDING SECTION 3. THERETO (Petition 89-4-1-11 ) 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. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was 11012-89 RESOLVED, that having considered a communication from the City Assessor, dated October 10, 1989, approved for submission by the Mayor, with regard to a request from U S Trailer, 15115 Spanich Ct. , Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46 090 99 0001 001 into two parcels since the same would be in violation of the City' s Zoning Ordinance and Law, there is no available road access to the subject property and dedication or condemnation would be required to provide such access, as well as for the 25355 additional reason that the proposed lot split would not be consistent with good planning and zoning practice On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #1013-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 24, 1989, and the report and recommendation of the Chief of Police, dated October 6, 1989, the Council does hereby approve of the request from Edith Yee and Teresa Yee, stockholders in Dale Yee' s Chow Mein, Inc , to transfer ownership of a 1989 Class C Licensed Business from Dale Yee, for a business located at 31180 Five Mile Road, Livonia, Michigan 48154, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Councilman Bishop, seconded by Councilman Ochala, it was #1014-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 14, 1989, and the report and recommendation of the Acting Chief of Police, dated October 13, 1989, the Council does hereby approve of the request from Richard B Gergis, stockholder in RFD, Inc. , for transfer of ownership of a 1989 SDD-SDM Licensed Business from Royal Fairlane Drugs, Inc , for a business located at 37290 Five Mile Road, Livonia, Michigan 48154, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, McCotter, Taylor, Ochala and Jurcisin NAYS Feenstra. The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was #1015-89 RESOLVED, that Levan Associates, 25882 Orchard Lake Road, Suite 212, Farmington Hills, MI 48018, as proprietors, Ihw having requested the City Council to approve the proposed preliminary plat of the following subdivision Levan Court 25356 Subdivision, located east of Levan Road, approximately 200 feet south of Plymouth Road, in the Northeast 1/4 of Section 32, �m* the said proposed preliminary plat being dated June 13, 1989, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on June 27, 1989; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated October 6, 1989, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16.04 through 16.24 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null , void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City L of LiVOnia Shall be fully paid at the ti0e aDd in the maOner provided in the said Subdivision Control Ordinances, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, � the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; 25357 lim (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts General Improvement Bond $118,000 00, of which at least $ 10,000 00 shall be in cash Sidewalk Bond $ 8,300.00, of which at least $ 2,000.00 shall be in cash Grading & Soil Erosion $ 2,000.00, (all cash) Monuments and Lot Markers $ 445 00 (all cash) and require cash payments in the total amount of $8,817.50 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street liplights are to be provided throughout the subdivision 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, seconded by Councilman Bishop, it was RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 13, 1989, approved for submission by the Mayor, and to which is attached a copy of departmental correspondence dated September 12, 1989, from the Assistant Planning Director, and a letter from the Executive Director of the Housing Commission, dated September 18, 1989, and submitted pursuant to Council Resolution 819-89 in connection with a letter from Michael P Connelly, 8930 Thorpe, Livonia, Michigan 48150, dated August 2, 1989, expressing an interest in the purchase of certain City-owned property located at 8971 Floral , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation 25358 L. A roll call vote was taken on the foregoing resolution with the following result. AYES Toy, Bishop and McCotter NAYS Taylor, Ochala, Jurcisin and Feenstra. The President declared the resolution denied. On a motion by Councilwoman Toy, seconded by Councilman Bishop, it was RESOLVED, that the Council does hereby request that the Housing Commission submit a report and recommendation to Council with regard to the possible construction of public housing pursuant to the City of Livonia Housing Assistance Plan for the Community Development Block Grant Program with respect to scattered single family housing sites A roll call vote was taken on the foregoing resolution with the following result. AYES' Toy, Bishop and McCotter NAYS Taylor, Ochala, Jurcisin and Feenstra The President declared the resolution denied On a motion by Councilman Ochala, seconded by Councilman Taylor, it was 11016-89 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 13, 1989, approved for submission by the Mayor, and to which is attached a copy of departmental correspondence dated September 12, 1989, from the Assistant Planning Director, and a letter from the Executive Director of the Housing Commission, dated September 18, 1989, and submitted pursuant to Council Resolution 819-89 in connection with a letter from Michael P. Connelly, 8930 Thorpe, Livonia, Michigan 48150, dated August 2, 1989, expressing an interest in the purchase of certain City-owned property located at 8971 Floral , the Council does hereby determine to take no further action. A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin and Feenstra L -~NAY3: Tov, Bishop and McCVtter The President declared the resolution adopted 25359 On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1017-89 RESOLVED, that the Council does hereby request that the Housing Commission submit a report and recommendation to Council with regard to the possible construction of public housing pursuant to the City of Livonia Housing Assistance Plan for the Community Development Block Grant Program with respect to scattered single family housing sites. On a motion By Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #1018-89 RESOLVED, that the City Council takes this means to indicate that it will continue in effect its policy of maintaining the present "300 foot line" as measured in a southerly direction from Eight Mile Road and as located on the East by Inkster Road and on the West by Farmington Road, in limiting industry, the use of same, and the industrial zoning permitted since it is the determination of this Council that any further extension of industry in a southerly direction would not be in the best aw interests of this community and would be detrimental to residential property located in this area On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #1019-89 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the question of whether or not there is a need to modify for reintroduction the language contained in Council Resolution 640-70 adopted on July 20, 1979, and reintroduced on November 1 , 1989, Council Resolution 1018-89 On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #1020-89 WHEREAS, November 1 , 1989, at 11 00 o'clock a.m Eastern Standard Time, has been set as the date and time for opening bids for the purchase of the Issuer's $5,000,000 Water Supply and Wastewater System Revenue Bonds, Series 1989 (Limited Tax General Obligation) , 25360 AND WHEREAS, said bids have been publicly opened and read, AND WHEREAS, bids have been received as set down in Exhibit A; AND WHEREAS, the bid of The Northern Trust Company has been determined to produce the lowest interest cost to the Issuer. NOW, THEREFORE, BE IT RESOLVED THAT 1 . The bid of The Northern Trust Company, as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder' s representative or by registered mail 3 The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code") , including, but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds. 4. The issuer hereby designates the Bonds of this issue as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Code 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A communication from the Chairman of the Traffic Commission, dated October 6, 1989 re Council Resolutions 518-88 and 522-88, traffic problems in Golden Ridge Subdivision (south of Ann Arbor Road, east of Hix) was received and placed on file for the information of the Council . On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 11021-89 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. 25361 On a motion by Councilman Ochala, seconded by Councilman Taylor, Ike and unanimously adopted, it was 11022-89 RESOLVED, that the Council does hereby amend and revise Council Resolution 504-89, adopted on May 24, 1989, so as to provide that a warranty deed (in lieu of a quit claim deed) shall be executed by the Mayor and City Clerk in connection with the sale of 3.5 acres of City-owned land located at the N.W. corner of Pembroke and Newburgh Road to the United States Postal Authority, and the balance of Council Resolution 504-89 shall remain in full force and effect. On a motion by Councilwoman McCotter, seconded by Councilman Ochala, and unanimously adopted, it was 11023-89 RESOLVED, that having considered a communication from the Mayor, dated October 24, 1989, submitted pursuant to Section 2.48.020 of the Livonia Code of Ordinances, as amended, with regard to the appointment of Mr. Richard Hayward, 17159 Loveland, Livonia, Michigan 48152, as a member of the Local Officers Compensation Commission for a term which shall expire on April 2, 1996, the Council does hereby confirm the appointment of Mr. Hayward; and it is further provided that he take the oath of office as required in Chapter X of Section 2 of the City Charter, to be administered by the office of the City Clerk. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 11024-89 RESOLVED, that having considered a communication from the Mayor, dated October 16, 1989, submitted pursuant to Section 2.48.020 of the Livonia Code of Ordinances, as amended, with regard to the reappointment of Mr. Robert Lambert, 11241 Karen, Livonia, Michigan 48150, as a member of the Local Officers Compensation Commission for a term which shall expire on April 2, 1995, the Council does hereby confirm the reappointment of Mr. Lambert; and it is further provided that he take the oath of office as required in Chapter X of Section 2 of the City Charter, to be administered by the office of the City Clerk. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was 25362 ims #1025-89 RESOLVED, that having considered a communication dated October 24, 1989, from Paul B. Kerr for Southeastern Michigan Management Co. , which in accordance with the provisions of Section 18 47 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 17, 1989, by the City Planning Commission in its resolution 10-228-89 with regard to Petition 89-8-8-28, submitted by Southeastern Michigan Management Co. , requesting permission to construct a retail sales building on the north side of Seven Mile Road between Loveland and Mayfield in the Southwest 1/4 of Section 3, the Council does hereby designate Wednesday, December 13, 1989 at 8.00 P.M. as the date and time for conducting a public hearing with regard to the matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was lis #1026-89 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 860-89 which, on September 6, 1989 did rescind and repeal Council Resolution 331-89, which latter resolution had previously approved Petition 89-1-2-6, submitted by Nesbitt Partners requesting waiver use approval to utilize a Class C liquor license in conjunction with the Embassy Suites Hotel proposed to be located on the east side of the I-275 Expressway between Seven and Eight Mile Roads in the South 1/2 of Section 6, which property is zoned C-2 On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #1027-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 21 , 1989, and the report and recommendation of the Acting Chief of Police dated October 19, 1989 in connection therewith, with regard to an application from Patrick M. Nesbitt and Patrick M. Nesbitt Associates, Inc. , General Partners in Nesbitt Partners Livonia Venture, Ltd. (a California Limited Partnership) for a New 12 Months Resort B-Hotel license with Dance-Entertainment Permit and Official Permit (Food), for a business located at 19525 Victor Parkway, Livonia, MI 48152, Wayne County, the Council does hereby approve the said request in the manner and form 25363 ILi herein submitted; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #1028-89 RESOLVED, that having considered a communication from Mayor Robert D. Bennett, dated November 1 , 1989, the Council does hereby authorize the Livonia Symphony Society, Inc. , for and on behalf of the City of Livonia, to submit an application to the Michigan Equity Program for a grant in the amount of $77,720 to be used to provide a series of innovative concerts appealing to a diverse audience of various ages and ethnic backgrounds, education outreach programming for aspiring artists, regional talent competition, and advanced marketing for the symphony, the subject grant application to be authorized by the Mayor of the City of Livonia. This project is consistent with the requirements of the Michigan Equity Program, Public Act 198 of 1989. On a motion by Councilwoman Toy, seconded by Councilman Ochala, Land unanimously adopted, it was #1029-89 RESOLVED, that having considered a letter from the City Council President, dated October 31, 1989, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 10, 1990 through December 19, 1990 , the Council does hereby approve the following dates for City Council Meetings for 1990, subject to change with notice: STUDY MEETINGS REGULAR MEETINGS JANUARY Wednesday, January 10 Wednesday, January 17 Monday, January 22 Wednesday, January 31 FEBRUARY Monday, February 5 Monday, February 12 Wednesday, February 21 Wednesday, February 28 MARCS Wednesday, March 7 Wednesday, March 14 Monday, March 19 Monday, March 26 APRIL Monday, April 2 Monday, April 9 Monday, April 16 Wednesday, April 25 25364 MAY Monday, April 30 Monday, May 7 Monday, May 14 Wednesday, May 23 JUNE Monday, June 4 Wednesday, June 13 Monday, June 18 Monday, June 25 JULY Wednesday, June 27 Monday, July 9 Monday, July 16 Wednesday, July 25 AUGUST Thursday, August 9 Wednesday, August 15 Monday, August 20 Monday, August 27 SEPTEMBER Wednesday, September 5 Wednesday, September 12 Monday, September 17 Monday, September 24 OCTOBER Monday, October 1 Wednesday, October 10 Monday, October 15 Wednesday, October 24 NOVEMBER Monday, October 29 Wednesday, November 7 Wednesday, November 14 Tuesday, November 20 DECEMBER Monday, November 26 Wednesday, December 5 Monday, December 10 Wednesday, December 19 *SUBJECT TO CHANGE WITH NOTICE On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, this 1 ,164th Regular Meeting of the Council of the City of Livonia was adjourned at 8:30 P.M. , November 1 , 1989. , 2141/411 R bert F. Nash, City Clerk