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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-07-05 25108 r161 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 5, 1989, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8:00 P M. Councilman Ochala delivered the invocation. Roll was called with the following result: Present: Gerald Taylor, Laura Toy, Robert R. Bishop, Ron Ochala and Dale Jurcisin, Absent• Fernon P. Feenstra (on vacation) and Joan McCotter (attending the swearing-in ceremony for her son, Thaddeus McCotter, newly-elected Trustee of Schoolcraft Community College. ) Elected and appointed officials present Harry Tatigian, City Attorney, Robert F Nash, City Clerk; Robert D. Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs, David Preston, Director of Finance, Ron Reinke, Superintendent of the Department of Parks ILand Recreation and Lee Grieve, Deputy Chief of Police On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #617-89 RESOLVED, that the minutes of the 1 ,155th Regular Meeting of the Council of the City of Livonia, held June 21, 1989 are hereby approved. A communication from the Director of Finance, dated June 21 , 1989 forwarding various financial statements of the City of Livonia for the month ending May 31 , 1989 was received and placed on file for the information of the Council . On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was #618-89 RESOLVED, that having considered a letter from Joanne 16 Strzempek, Cathy Charnock and Mary Hendrian, 14272 Ramblewood, Livonia, Michigan 48154, received by the Office of the City 25109 Clerk on June 15, 1989, requesting permission to close Ramblewood from Perth to Scone on Sunday, August 6, 1989, from 1 .00 p.m. to 8.00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #619-89 RESOLVED, that having considered a letter from Keith A. Newmarch, President of Sunshine Limousine, dated June 9, 1989, wherein a request is submitted for a license to operate a limousine service in the City of Livonia, the Council does hereby refer this item to the Chief of Police for his report and recommendation. #620-89 RESOLVED, that having considered a letter from Mrs. Kimberly Bohley, 17325 Purlingbrook, Livonia, Michigan 48152, dated June 14, 1989, expressing an interest in the purchase of certain City-owned property located at the corner of Six Mile and Purlingbrook (Lot Nos. EE1A1 and EE1A2 in the Southeast 1/4 of Section 11 ), the Council does hereby refer this item to the Department of Law for its report and recommendation. #621-89 RESOLVED, that having considered a letter from Mrs. Kimharly Bohley, 17325 Purlingbrook, Livonia, Michigan 48152, dated June 13, 1989, requesting a road improvement of Purlingbrook, north of Six Mile Road, the Council does hereby refer this item to the Engineering Department and the Law Department for their respective reports and recommendations. A communication from the City Clerk, dated June 15, 1989 forwarding a copy of the Oakland Schools Certificate of Compliance for the 1989 tax spread was received and placed on file for the information of the Council . #622-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 13, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Michigan Joint Sealing, 35970 Quakertown, Farmington Hills, Michigan 48331 , for the 1989 Pavement Joint and Crack Sealing Program for the estimated total cost of $122,396.04, based upon the Engineering Department's estimate of units invovled, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; further, the Council does hereby approve a transfer in the amount of Imo $27,396.04 from the Unexpended Fund Balance - Major Roads, and $30,000.00 from the Local Street Maintenance Account No. 25110 Ibp 203-463-818-117 to the Major Street Maintenance Account No. 202-463-818-117, and the Council does hereby appropriate and authorize an expenditure in the amount of $72,396.04 from the Major Street Maintenance Account No. 202-463-818-117, as well as appropriate and authorize an expenditure in the amount of $50,000.00 from the Local Street Maintenance Account No. 203-463-818-117 for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as may be necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #623-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 19, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of National Window Cleaning & Maintenance, Inc. , 3573 14th Street, Detroit, Michigan 48208, for providing the Public Service Division (Building Maintenance Section) with window cleaning service for the Livonia Municipal Administrative Building at a cost of $2,300.00 per cleaning and the Civic Center Library at a cc:t ^F $a 300.00 per cleaning, the same having been in fact the lowest and only bid received and meets fir all specifications. A communication from the City Treasurer, dated June 19, 1989 re: Request for Annual Personal Property Report #434-89 was received and placed on file for the information of the Council . #624-89 RESOLVED, that having considered the report and recommendation of the City Librarian, dated June 14, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby approve and accept two LSCA Title I Library Grants which have been awarded by the Library of Michigan to the Livonia Public Library, the first being Project No. 88-27208-38 in the amount of $12,500.00, the purpose of which is to buy large print books and audio tapes, and the second being Project No. 88-27208-28 in the amount of $14,564.00, the purpose of which is to augment the liberature collection in the areas of poetry and plays. #625-89 RESOLVED, that having considered a communication from the City Engineer, dated June 16, 1989, approved for submission by the Mayor, to which is attached a list of sidewalks requiring installation, repair and/or replacement within miscellaneous 25111 locations throughout the City of Livonia, said list being lieincluded herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install , repair, or to remove and replace sidewalks at such premises, to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than August 31 , 1989, after which date the Engineering Department shall arrange for the construction and/or reconstruction of the said sidewalks, further, the Council does hereby authorize the construction, and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility; and FURTHER, the Engineering Department is hereby authorized to finalize plans and specifications and arrange for the taking of bids for the 1989 Sidewalk Program, which program will include all required work which has not been completed by private property owners by August 31 , 1989. #626-89 RESOLVED, that having considered a communication from the City Clerk, dated June 15, 1989, which i^a4ratpC that the proprietor of Merriwood Estates Subdivision, situated in the Iwo Northeast 1/4 of Section 3, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval , and the Council having received a communication from the City Planning Commission, dated June 14, 1989, wherein said Commission approves the final plat for the said subdivision in its resolution 5-112-89, adopted on May 23, 1989; and the Council having considered a report from the City Engineer, dated May 15, 1989, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 3-89, adopted on January 9, 1989, said preliminary plat having been recommended for approval by the City Planning Commission on July 26, 1988 in its resolution 7-131-88, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Merriwood Estates Subdivision, located in the Northeast 1/4 of Section 3, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia; and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #627-89 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 26, 1989, with regard to the future development of the 25112 Fox Creek Golf Course Clubhouse and maintenance and golf storage buildings, the Council does hereby approve the preliminary drawings submitted by the Architect with respect to the location and footprint of the Clubhouse and the maintenance and golf storage buildings; further, the Council does hereby request a report and recommendation from the Mayor on the possible relocation of the existing driveway on Seven Mile Road to west of the proposed new soccer field for use by golfers only; the Council does also request that the Mayor and Police Department submit a report and recommendation on the status of the "No Left Turn" sign on Seven Mile Road from the existing driveway particularly as to what policing is required to obtain compliance. #628-89 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 26, 1989, and submitted pursuant to Council Resolution 536-89, in connection with a letter from the Executive Assistant to the International Union of Operating Engineers, dated May 9, 1989, with regard to the use of non-union companies for major construction projects for the City of Livonia, the Council does hereby refer the issue of the use of non-union companies rld/or requiring prevailing wages to the Committee of the Whole for its report and recommendation; further, the Council does Imo also request that the Department of Law submit its report and recommendation with regard to the legal ramifications involved with respect to this item. #629-89 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, August 9, 1989 at 8:00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan with respect to the following items: (1 ). Petition 89-4-1-13 by JRJ Group for St. Mary's Antiochian Church, for a change of zoning on property located East of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11 from P.L. to R-3, the City Planning Commission in its resolution 6-122-89 having recommended to the City Council that Petition 89-4-1-13 be approved; (2). Petition 89-5-1-16 by Ashley Construction Inc. , for a change of zoning on property located on the East side of Newburgh Road between Seven and Eight Mile Roads in the Southwest 1/4 of Section 5 from RUFC to R-4C, the City Planning Commission in its 25113 resolution 6-125-89 having recommended to the City 10 Council that Petition 89-5-1-16 be approved, and (3). Petition 89-5-1-19 by William L. Roskelly, for a change of zoning on property located West of Inkster Road between Lyndon and Five Mile Road in the Northwest 1/4 of Section 24 from RUF, R-1A and R-3A to R-2A, the City Planning Commission in its resolution 6-128-89 having recommended to the City Council that Petition 89-5-1-19 be approved, FURTHER, THE City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zone; :ffcc+ed, and further, the City Clerk is requested to du all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following results AYES: Ochala, Jurcisin, Toy, Bishop and Taylor. NAYS: None. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was 1630-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated June 28, 1989, and submitted pursuant to Council Resolution 205-89 in connection with the report and recommendation of the Superintendent of Parks and Recreation, dated January 31 , 1989, approved for submission by the Finance Director and the Mayor, and which transmits a bid received for the operation of the Eddie Edgar Ice Arena and Ford Field concession stands, the Council does hereby refer this item to the Department of Law for the preparation of an appropriate contract for the lease of the said facilities to William Murray in accordance with the recommendation of the Department of Parks and Recreation for submission to Council . 25114 Councilman Bishop took from the table, for second reading and adoption, L the following Ordinance. AN ORDINANCE AMENDING SECTION 230 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES. Ochala, Jurcisin, Toy, Bishop and Taylor. NAYS None. The President declared the Ordinance duly adopted, and would become effective on publication. Councilman Ochala took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING POPTIONS (IF STREET, ALLEY AND PUBLIC GROUND. (Petition 89-1-3-1 ) Il' A roll call vote was taken on the foregoing Ordinance with the following result: mo AYES: Ochala, Jurcisin, Toy, Bishop and Taylor. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would be come effective on publication. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 390 AND 400 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the text regular meeting. 25115 LCouncilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 180 AND 210 OF TITLE 16, CHAPTER 24 (IMPROVEMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 060 OF TITLE 15, CHAPTER 04 (BUILDING CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeat:::! Lherein. The above Ordinance was placed on the table for consideration at the next regular meeting. On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was 1631-89 RESOLVED, that having considered a letter from Aisin Seiki Co. , Ltd. , 14109 Farmington Road, Livonia, Michigan 48154, wherein it is indicated that the Aisin Seiki Co , Ltd. intends to transfer facilities from Livonia to the Ann Arbor Technology Park in Ann Arbor Township and which further indicates that the said Aisin Seiki Co. , Ltd. desires to obtain a 1974 PA 198 exemption for the Ann Arbor Township facility, the Council does hereby reject and deny this request since it is the determination of the Council that the transfer of facilities would have the effect of transferring employment from one governmental unit in Michigan to another local governmental unit in Michigan and for the further reason that the said transfer would not be in the best interest of either the citizens of Livonia or the people of the State of Michigan, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. ILI. 25116 On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #632-89 RESOLVED, that having considered the report and recommendation of the Department of Law and the Superintendent of Parks and Recreation, dated May 24, 1989, approved for submission by the Mayor, the Council does hereby approve of the Amendment to Concession Agreement Whispering Willows Golf Course and authorize the Mayor and City Clerk to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was #633-89 RESOLVED, that having considered the report and recommendation of the Mayor, dated June 20, 1989, approved by the Finance Director and submitted pursuant to Council Resolution 366-89 wiLh tc the proposed contract submitted by Don' s Vending Service, Inc. , 37045 Schoolcraft, Livonia, Michigan 48150, for operating three vending machines in the City Hall building, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said contract, subject to the relocation of the cigarette machine to an area which would be supervised and inhibit its use by minors. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Jurcisin and Toy. NAYS. Bishop and Taylor. The President declared the resolution adopted. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #634-89 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the question of the location and use of vending machines in City buildings and facilities. Im. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was 25117 #635-89 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 26, 1989, and submitted pursuant to Council Resolution 592-89 in connection with the report and recommendation of the City Engineer, dated June 6, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of South Hill Construction Company, 51490 Pontiac Trail , Wixom, Michigan 48096, for the Dutch Mill Gardens Subdivision Street Improvement Project (Contract 89-I), for the estimated total cost of $482,767.60 based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, further, the Council does hereby authorize an appropriation in the contract amount from the $7.9 and/or $9.8 Million General Obligation Road Improvement Bond Issue with the provision that (1 ) the Bond Issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from the future Special Assessment Bond Issue, and (2) the Bond Issue be reimbursed from the City's portion of the project at such time as funds may hP available from Michigan Transportation Funds (Local Road Account) , and the City Engineer is hereby authorized to approve minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilman Ochala, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 27, 1989, which transmits its resolution 6-143-89, adopted on June 13, 1989, with regard to Petition 89-5-8-21 , submitted by Ramco-Gershenson, Inc. , requesting site plan approval in connection with a proposal to construct an addition to an existing commercial building (Livonia Towne Square) located on the south side of Seven Mile just west of Middlebelt Road in the Northeast 1/4 of Section 11 , pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 89-5-8-21 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. The motion failed for lack of support. 25118 On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was 1636-89 RESOLVED, that having considered a communication from the City Planning Commission, dated June 27, 1989, which transmits its resolution 6-143-89, adopted on June 13, 1989, with regard to Petition 89-5-8-21 , submitted by Ramco-Gershenson, Inc. , requesting site plan approval in connection with a proposal to construct an addition to an existing commercial building (Livonia Towne Square) located on the south side of Seven Mile just west of Middlebelt Road in the Northeast 1/4 of Section 11 , pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was 1637-89 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 26, 1989, submitted pursuant to Council Resolution 15-89 with regard to an outstanding claim of Louis G. Redstone Associates, Inc. , for architectural services performed in connection with the addition to the Livonia Police Headquarters building, and having also considered a letter from the Mayor, dated June 30, 1989, which bears the signatures of the City Attorney and the Finance Director, the Council does hereby appropriate and authorize the transfer of the sum of $25,044 00 from the Unexpended Fund Balance Account to the Municipal Building Authority Police Building Construction Account No. 517-000-001-517 and thereafter authorize an appropriation of $40,000.00 from the aforesaid account for the purpose of making a final payment to Louis G. Redstone Associates, Inc. , such payment to be made subject to the City's receipt of an appropriate release and discharge agreement in a form approved by the Department of Law. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Jurcisin, Toy and Bishop. NAYS: Taylor . The Chairperson declared the resolution adopted 25119 ImoOn a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, #638-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which sets forth its resolution 4-57-89, adopted on April 4, 1989, with regard to Petition 89-2-6-2, submitted by the City Planning Commission to amend Sections 2.07, 8.02 and 27.04 of Zoning Ordinance No. 543 and to add two new Articles to Zoning Ordinance No. 543 which will provide regulations for condominium type projects, and the Council having conducted a public hearing with regard to this matter on June 19, 1989, pursuant to Council Resolution 432-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-2-6-2 is hereby approved and granted; and the Department of Law is hereby requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #639-89 RESOLVED, that having considered a communication from lbw the City Planning Commission, dated April 27, 1989, which sets forth its resolution 4-57-89, adopted on April 4, 1989, with regard to Petition 89-2-6-2, submitted by the City Planning Commission to amend Sections 2.07, 8.02 and 27.04 of Zoning Ordinance No. 543 and to add two new Articles to Zoning Ordinance No. 543 which will provide regulations for condominium type projects, and the Council having conducted a public hearing with regard to this matter on June 19, 1989, pursuant to Council Resolution 432-89, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #640-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which sets forth its resolution 4-48-89, adopted on April 4, 1989, with regard to Petition 89-2-1-5, submitted by Bernard and Carol Pucher, for a change of zoning on property located on the east side of Louise Avenue between Eight Mile Road and Morlock Avenue in the Northeast 1/4 of Section 2 from M-1 to R-2, and the Council having conducted a public hearing with regard to this matter on June 19, 1989, pursuant to Council Resolution 432-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-2-1-5 is hereby approved and granted; and the 25120 lb' City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #641-89 RESOLVED, that the Council does hereby request that the Planning Commission submit its report and recommendation on the possibility of rezoning additional property from M-1 to an appropriate residential classification on Eight Mile Road in the area of Louise and Morlock in the Northeast 1/4 of Section 2, particularly with respect to the parcels which are vacant or are currently being used as residential On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was ibi #642-89 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 3, 1989 on all matters required by Section 3.08.060 of the Livonia Code of Ordinances, as amended, and a public hearing having been held thereon on June 26, 1989, after due notice as required by Section 3.08.070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code• (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 31 ' wide asphalt pavement with concrete curbs and gutters (Alternate II) on Westmore Avenue for a distance of 150' north of Seven Mile Road in the Southwest 1/4 of Section 3, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated May 3, 1989; 25121 (4) determine that the estimated cost of such improvement is $16,344 00; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established;, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($2,188.00), 100% of drainage ($1 ,736.00) and 20 l .f. Alley ($920.00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($11 ,500.00) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, descri!4' the land and premises upon which special assessments shall be levied as follows; A special assessment district in the S.W. 1/4 of Section 3, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following property: Lots 85 and 86; also the East 65 feet of the South 20 feet of Lot 87, also Lots 157 to 163, both inclusive, including the South 1/2 of the vacated alley adjacent thereto, said lots being a part of the Westmore Subdivision, as recorded in Liber 48, Page 85, W. C. R. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and 25122 lim (10) that upon completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council , prior to the holding of the second public hearing thereon as required by Section 3.08.110 of the said Code. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was #643-89 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 3, 1989 on all matters required by Section 3.08.060 of the Livonia Code of Ordinances, as amended, and a public hearing having been held thereon on June 26, 1989, after due notice as required by Section 3.08.070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code: (1 ) accept and approve said statement in all respects; 16 (2) determine to make the road improvement consisting of a 31 ' wide asphalt pavement with concrete curbs and gutters (Alternate II) on Shadyside Avenue for a distance of 240' north of Seven Mile Road in the Southwest 1/4 of Section 3, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated May 3, 1989; (4) determine that the estimated cost of such improvement is $30,031 .00, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established;; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($3,112.00), 100% of drainage 25123 Ihm ($4,025.00) and 15% of right-of-way costs ($750.00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($17,894.00) and 85% of right-of-way costs ($4,250.00)shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the S.W. 1/4 of Section 3, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following property: Lots 167 to 170 except the South 17 feet thereof, and the South 1/2 ^f the vacated alley adjacent to said lots, also Lot 171 and the North 1/2 of the vacated alley and the East 1/2 of the alleys adjacent thereto; said lots being a part of the Westmore Subdivision, as recorded in Liber 48, Page 85 W. C. R. , also that part of the S. W. 1/4 of Section 3 described as beginning at a point distant N 89°38'30" E, 665.51 feet from the S. W. 1/4 corner of said Section 3, proceeding thence N 00°02' W, 300.0 feet, thence due East, 155 feet thence N 00°02' W, 100.0 feet; thence N 89°38'30" E, 443.50 feet; thence S 00°00' 58" W, 400.0 feet to the South line of Section 3; thence S 89°38'30" W along said South line, 598.24 feet to the point of beginning. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon completion of said roll the City Assessor shall attach thereto the certificate required by the 25124 provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council , prior to the holding of the second public hearing thereon as required by Section 3.08.110 of the said Code. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was /644-89 RESOLVED, that the Council does hereby request that the Inspection Department and the Police Department submit their reports and recommendations with respect to site plan compliance and particularly enforceability of no right turn sign from Joe's Produce Market onto Shadyside, north of Seven Mile Road. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was /645-89 RESOLVED, that the Council does hereby request that the Traffic Commission and Planning Commission submit their reports and recommendations on the possibility of eliminating access to Shadyside, North of Seven Mile Road from Joe's Produce Market. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #646-89 RESOLVED, that the Council does hereby request that the Department of Public Works submit its report and recommendation on the need for the possible trimming of a bush located on the North side of Seven Mile Road at Shadyside, which apparently is obstructing the view of motorists in the area. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was /647-89 RESOLVED, that the Council does hereby request that the Police Department do all things necessary to ticket traffic sign violators in the area of Shadyside, North of Seven Mile III Road. 25125 On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, Lit was #648-89 RESOLVED, that having considered a communication from the City Planning Commission, dated May 16, 1989, which sets forth its resolution 5-92-89, adopted on May 9, 1989 with regard to Petition 89-3-1-7, submitted by McDonald's Corporation, for a change of zoning on property located on the south side of Ann Arbor Road between Ann Arbor Trail and Hix Road in the Northeast 1/4 of Section 31 , from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on June 26, 1989, pursuant to Council Resolution 493-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-3-1-7 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES Ochala, Jurcisin, Toy and Taylor. NAYS. Bishop. he President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #649-89 RESOLVED, that having considered a communication from the Acting Chief of Police, dated June 12, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept cash donations in the total amount of $2,376.00 from several contributors, which funds are to be used for the purchase of supplies for use in the Drug Abuse Resistance Education (D.A.R.E. ) Program; and the Council does hereby authorize the deposit of these funds in Account No. 702-000-285-211 for this purpose. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was 25126 #650-89 RESOLVED, that having considered a communication dated June 27, 1989, from the Department of Law transmitting for Council acceptance two (2) Quit Claim Deeds, more particularly described as: (1 ) Quit Claim Deed, dated May 4, 1989, executed by Jack Shenkman (a married man) and Miriam Shenkman (his wife), for: That part of the the Northeast 1/4 of Section 24, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 89 degrees 58 minutes 00 seconds West 1976.13 feet and North 00 degrees 25 minutes 50 seconds West 444.07 feet from the East 1/4 corner of Section 24, T.1S. ,R.9E. , and proceeding thence North 00 degrees 25 minutes 50 seconds West 541 .29 feet; thence North 89 degrees 49 minutes 00 seconds East 30.00 feet; thence South 00 degrees 25 minutes 50 seconds East 541 .40 feet; thence North 89 degrees 58 minutes 00 seconds West 30.00 feet to the point of beginning (Lyons Avenue right-of-way). Part of 093-99-0015-000 (2) Quit Claim Deed, dated May 4, 1989, executed by Jack lis Shenkman (a married man) and Miriam Shenkman (his wife), for: That part of the Northeast 1/4 of Section 24, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 89 degrees 58 minutes 00 seconds West 1976.13 feet and North 00 degrees 25 minutes 50 seconds West 985.35 feet and North 89 degrees 49 minutes 00 seconds East 264.00 feet and North 00 degrees 25 minutes 50 seconds West 165.00 feet and North 89 degrees 49 minutes 00 seconds East 130.71 feet and North 89 degrees 49 minutes 00 seconds W, 150.31 feet from the East 1/4 corner of Section 24, T.1S. ,R.9E. and proceeding thence North 00 degrees 25 minutes 50 seconds West 15.00 feet; thence South 89 degrees 53 minutes 00 seconds East 60.00 feet; thence South 00 degrees 25 minutes 50 seconds East 15.00 feet, thence North 89 degrees 53 minutes 00 seconds West 60.00 feet to the point of beginning (Jamison Avenue right-of-way). Part of 093-99-0015-000 the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deeds and the City Clerk is hereby requested to have the same recorded in the office of Impt the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. 25127 On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #651-89 RESOLVED, that having considered a communication dated June 27, 1989, from the Department of Law transmitting for Council acceptance three (3) Grants of Easement, more particularly described as: (1 ) Grant of Easement dated June 6, 1989, executed by Zef Ivezaj and Dragica Ivezaj, his wife, for• Part of the N.E. 1/4 of Section 8, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 89°44'10" West 372.00 feet and S. 00°16'30" East 912.00 feet and S. 89°44'10" West 327.50 feet and S. 00°16'30" East 56.00 feet from the N.E. corner of said Section 8 and proceeding thence S. 00°16'30" East 825.00 feet, thence S. 89°44'10" West 20.00 feet, thence N. 00°16'30" West 825.00 feet, thence N. 89°44'10" East 20.00 feet to the point of beginning. (Part of 45. 29_990nn3004-000) (2) Grant of Easement dated June 6, 1989, executed by Zef Ivezaj and Dragica Ivezaj, his wife, for: Part of the N.E. 1/4 of Section 8, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 89°44'10" West 3712.00 feet and S. 00°16'30" East 912.00 feet and S. 89°44'10" West 327.50 feet and S. 00°16'30" East 56.00 feet from the N.E. corner of said Section 8 and proceeding thence S. 00°16'30" East 255.00 feet; thence N. 89°44'10" East 40.00 feet; thence S. 00°16'30" East 20.00 feet; thence S. 89°44'10" West 60.00 feet, thence N. 00°16'30" West 275.00 feet, thence North 89°44'10" East 20.00 feet to the point of beginning. (Part of 46-29-990003004-000) (3) Grant of Easement dated June 6, 1989, executed by Zef Ivezaj and Dragica Ivezaj, his wife, for: Part of the N.E. 1/4 of Section 8, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 89°44'10" W. 372.00 feet and S. 00°16'30" East 912.00 feet and S. 89°44'10" West 287.50 feet and S. 00°16'30" East 56.00 feet from the Northeast corner of said Section 8 and proceeding thence S. 00°16'30" East 730 feet; thence S. 89°44'10" West 20.00 feet, thence N. 00°16'30" 25128 West 730 feet; thence N. 89°44' 10" East 20.00 feet to the point of beginning. (Part of 46-29-990003004-000) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #652-89 RESOLVED, that having considered a communication dated June 22, 1989, from the Department of Law transmitting for Council acceptance two (2) Grants of Easement, more particularly described as: (1 ) Grant of Easement dated June 12, 1989, executed by John Decina Development Co. , a Michigan Corporation by John Decina, President, for: A 12 ft. wide strip of land, for Sanitary Sewer purposes in the S.W. 1/4 of Section 22, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, the centerline being described as: Beginning at a point on the East line of Brookfield Avenue, 60 ft. wide, said point being located S. 0°05'35" E. , 215.91 ft. , and S. 89°52'30" W. , 656.70 ft. , and N. 0°03" W. , 141 .14 ft. from the center 1/4 corner of Section 22, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, thence N. 77°22'31" E. 138.32 ft. to the point of ending of said Easement. Sidwell No. 46-87-990005-000 (2) Grant of Easement dated June 12, 1989, executed by John Decina Development Co. , a Michigan Corporation, by John Decina, President, for: A 6 ft. wide surface drainage and public utility easement over the South 6 ft. of the following described parcel : A parcel of land being part of the S.W. 1/4 of Section 22, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point, located S. 0°5' 35" E. , along the North and South 1/4 line of said Section, 215.91 feet and S. 89°52'30" W. , 471 .70 ft. from the center of said Section; thence N. 0°03' W. , 175.44 ft. to the South line of Lyndon Avenue, 86 ft. wide; thence along said South line N. 89°49' W. , 185.00 ft. to the East line of Brookfield 25129 Avenue, 60 ft.wide, thence along said East line S. 0°03' E. , 176.44 ft. , thence N. 89°52'30" E. 185.00 ft. to the point of beginning. Sidwell No. 46-87- 990005-000 the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #653-89 WHEREAS, the period of September 15 to October 15, 1989 has been designated Hispanic Heritage Month in the State of Michigan; and WHEREAS, Hispanic Americans continue to demonstrate their unique and important talents, skills and experience within our community ac well as within the State and Nation; and ImoWHEREAS, the City of Livonia wishes to join with the President of the United States and the Governor of the State of Michigan in recognizing our citizens of Hispanic heritage, NOW, THEREFORE, BE IT RESOLVED, that the City Council and Mayor Robert D. Bennett, hereby proclaim September 15 to October 15, 1989 as Hispanic Heritage Month in the City of Livonia as a means of recognition of Hispanic individuals and families and their many and valuable contributions. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #654-89 RESOLVED, that pursuant to Section 21 .02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921 , as amended, Richard Blomberg, 15612 Hix Court, Livonia, Michigan 48154, is hereby reappointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1989, which will expire on July 12, 1992, provided that Mr. Blomberg takes the oath of office as required in Chapter 10. X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. 25130 On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #655-89 RESOLVED, that pursuant to Section 21 .02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921 , as amended, Kenneth Miencier, 34702 Fairfax, Livonia, Michigan 48152, is hereby reappointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1989, which will expire on July 12, 1992, provided that Mr. Miencier takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #656-89 RESOLVED, that having considered a communication from the Council President, dated Junc 29, 1989, with regard to the M.M.L. 91st Annual Convention to be conducted on October 3, 1989 at Northern Michigan University, the Council does hereby appropriate and authorize the transfer of the sum of $1 ,500.00 from the Unexpended Fund Balance Account to Account No. 101-101- 864-010 for this purpose. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #657-89 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #658-89 RESOLVED, that having considered a letter from Mr. Doug Kurtis, 42277 Waterwheel , Northville, Michigan 48167, dated June 28, 1989, wherein a request is submitted for the placement of 4' x 4' signs for the Roadrunner Classic at the locations indicated in the attachment, if available and subject to approval by the property owner, during the period July 8, 1989 through July 29, 1989, the Council does hereby grant and approve this request in the manner and form herein submitted, and subject to the approval of the Inspection Department. 25131 1-6 On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #659-89 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, August 9, 1989 at 8:00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: (1 ) Petition 89-4-1-12, submitted by Ralph and Suzanne Schweikhart and John and Dolores Lytle for a change of zoning of property located on the east side of Newburgh Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 8, from R-4B to P S. , the City Planning Commission in its resolution 6-121-89 having recommended to the City Council that Petition 89-4-1-12 be approved; (2) Petition 89-5-1-15, submitted by Veterans of Foreign Wars, for a change of zoning on property located south of Seven Mile Road and east of Middlebelt Road in the Northwest 1/4 of Section 12, from R-9II to P, the City Planning Commission in its resolution 6-124-89 having recommended to the City Council that Petition 89-5-1-15 be approved; (3) Petition 89-5-1-18, submitted by Leonard and Vicki Turowski , for a change of zoning on property located on the east side of Doris, north of Five Mile Road in the Southeast 1/4 of Section 14, from P.S. to R-1 , the City Planning Commission in its resolution 6-127-89 having recommended to the City Council that Petition 89-5-1-18 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the 25132 districts or zones affected, and further, the City Clerk is 1:, requested to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, this 1 ,156th Regular Meeting of the Council of the City of Livonia was adjourned at 8.35 P.M. , July 5, 1989. Robe F. Nash, City C rk