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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-05-10 24983 110 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FIFTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 10, 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 Jurcisin delivered the invocation. Roll was called with the following result Present Fernon P. Feenstra, Laura Toy, Robert R Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin, Absent None. Elected and appointed officials present: Harry Tatigian, City Attorney, Robert F Nash, City Clerk, Robert D. Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer; Karen Szymula, Director of Legislative Affairs; David Preston, Finance Director, Suzanne Wisler, Director of Community Resources, Jack LIEngebretson and William LaPine, Planning Commission, Suzanne Daniel , Historical Commission; Tom Carey, Traffic Commission and Harriet Larson, Library Commission On a motion by Councilwoman McCotter, seconded by Councilman Bishop, and unanimously adopted*, it was #407-89 RESOLVED, that the minutes of the 1 ,151st Regular Meeting of the Council of the City of Livonia, held April 26, 1989 are hereby approved *Council Members Toy and Jurcisin abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04.190 B of the Livonia Code of Ordinances On a motion unanimously moved, supported and adopted, it was #408-89 WHEREAS, legacies come in many forms, and the legacy of the United States Customs Service is a legacy of service - 200 years of forthright, steadfast service - PROTECTING the L American interest, SECURING the revenue, and DEFENDING our borders, and, 24984 WHEREAS, when Congress first assembled in New York in 1789 to launch this country on its proper course, they had one overwhelming concern - money! Fighting a revolution had left the national cupboard bare, but such was the price of liberty, and, WHEREAS, without the financial support of U S. Customs, the defense, strengthening, and growth of our Nation would not have been possible The list of historic firsts associated with Customs is impressive - spanning the breadth of this country, forming rich threads in the tapestry of America' s past To read even the small portion of Customs' story written here is, quite simply, to read our Nation's history WHEREAS, in 1777, when George Washington's ragged army was in the worst financial straights, Holland lent the infant United States the necessary funds to win the war United States Customs revenue repaid the loan, and, WHEREAS, in 1790, when America needed a system of pension agents to honour the debts owed to its Revolutionary War heroes, it turned to Customs The Collectors of Customs were designated as the paying agents, and Customs revenue provided the funds. Customs was the first Veterans Administration, and, WHEREAS, in 1790, when the capital city of Washington was planned and built, Customs duties paid for it, and, WHEREAS, in 1790, when America needed armed ships to patrol her shores, she turned to Customs to finance and oversee construction of ten revenue cutters, at a cost of $10,000. Customs built those ships and more! In 1915, the Revenue Cutter Service became known by its more familiar name - the United States Coast Guard, and, WHEREAS, in 1791 , when America needed lighthouses to guide ships safely past treacherous shoals, it turned to Customs to build those lighthouses From 1791 to 1850, Customs superintended the construction of over 300 lighthouses, from the Great Lakes to the Gulf of Mexico, and, WHEREAS, in 1794, when a new Navy became a must,Customs supplied the funds to build some of the most famous ships in U.S Naval history - The Constitution (better known as "Old Ironsides") , the United States and the Constellation, and, WHEREAS, in 1798, when America needed to provide for the health and well-being of its seamen, it turned to the United States Customs Service - Customs was the first Public Health lio Service, and, 24985 WHEREAS, in 1798, when masses of immigrants began seeking refuge in America, Congress turned to Customs for control . Customs was the first Immigration and Naturalization Service, and, WHEREAS, in 1799, when America needed to standardize its weights and measures, to ensure for the merchant and consumer alike that a pound was indeed a pound, it turned to Customs to serve as the first Bureau of Standards, and, WHEREAS, in 1802, when the U S. Military Academy became a reality, Customs revenues paid the bill Likewise when the U.S. Naval Academy was built at Annapolis in 1816, and, WHEREAS, in 1803, when President Jefferson concluded the Louisiana Purchase, the price was $5 Million. This land was paid for by Customs revenues and yielded the states of Louisiana, Arkansas, Oklahoma , Missouri , Kansas, Colorado, Wyoming, Montana, North and South Dakota, Nebraska, Iowa, and Minnesota, and, WHEREAS, in 1804, when the Lewis and Clark expedition was planned, the country looked to Customs to furnish the funds. This expedition led to U.S territorial expansion to the Pacific Coast, and, ILE WHEREAS, in 1811 , when the United States built the Cumberland Road, Customs paid for it. The road, which ended in then far-away territory opened the way west and extended the American frontier, and, WHEREAS, when war with England came again in 1812, the U.S. Customs Service was the sole source of revenue to defend the Nation, and, WHEREAS, in 1819, when we bought the Floridas and the Oregon territory from Spain, funds from Customs provided the $5 Million necessary to close the deal , and, WHEREAS, in 1835, when the national debt was at last reduced to zero - for the first and last time - expanding Customs receipts made the zero debt possible, and, WHEREAS, in 1842, when America recognized the need to defend her borders against the importation of illicit drugs, and passed the Narcotic Tariff, the "blue line" of Customs Inspectors surrounded the Nation 's borders as the first line of defense in a battle still being waged today under the program of Zero Tolerance. The United States Customs Service was the lie nation's first drug enforcement agency, and, 24986 WHEREAS, in 1861 , when the Confederates fired on Fort Sumter in Charleston Habor, and the Civil War began in earnest, Customs Revenue Cutters were pressed into service as battleships, and the first shot of the Civil War fired from a sea vessel was fired from the Revenue Cutter Harriet Lane across the bow of the Confederate ship, Nashville, and, WHEREAS, in 1970, as a result of increased skyjacking incidents, President Nixon authorized U S Customs Special Agents to fly as Sky Marshals For the next four years, no commercial aircraft that had its passengers screened by Customs prior to departure was skyjacked, and, WHEREAS, the Detroit District of U S Customs has served the best interest of the peoples and communities of this State since the founding of the port in 1799 - PROTECTING American interests, SECURING the revenue, and DEFENDING the border NOW BE IT THEREFORE RESOLVED that the community of Livonia, County of Wayne, Michigan, in recognition of U S Customs, and in thanks for its sacrifice and service to our Nation, hereby joins the Counties, Cities, Villages, and Townships across the State of Michigan in proclaiming July 31 , 1989, as United States Customs Day throughout this Community and State. A communication from the Finance Director, dated April 24, 1989 forwarding various financial statements for the City of Livonia for the month ending March 31 , 1989 was received and placed on file for the information of the Council On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was #409-89 RESOLVED, that having considered a letter from the Sherwood Forest Estates Subdivision Association, dated March 31 , 1989, to which is attached a petition signed by certain homeowners of the Sherwood Forest Estates Subdivision with regard to a water drainage hazard at the entrance to the said subdivision which is located at Six Mile Road and Laurel , the Council does hereby refer this item to the Director of Public Works and the City Engineer for their respective reports and recommendations #410-89 RESOLVED, that having considered a letter from James Gruska, 28615 Grandon, Livonia, Michigan 48150, dated April 19, 1989, requesting permission to close Grandon between Harrison and Brentwood on Sunday, June 4, 1989 from 2 00 P M to 8.00 P.M. for the purpose of conducting the 2nd Annual Grandon Block Party, the Council does hereby grant permission as requested, 24987 the action herein being made subject to the approval of the Police Department #411-89 RESOLVED, that having considered a letter from Jerry Goecke, 31621 Bobrich, Livonia, Michigan 48152, dated April 18, 1989, wherein a request is submitted by the Livonia Spartan Aquatic Club for a waiver of all concession permit fees with regard to a B-C swim meet to be conducted at the Livonia Clement Circle Pool on June 24-25, 1989, the Council does hereby approve and grant this request in the manner and form herein submitted. #412-89 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated March 29, 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 Continental Contracting Company, 24258 Sorrentino Ct , Mt. Clemens, Michigan 48043, for the 1989 Lane Line Marking Program for the estimated total cost of $9,933.65, 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 appropriate and authorize the expenditure of a sum of $9,933 65 from the Public Service Division' s Account 202-463-818-118 for this purpose; and the City Engineer is hereby authorized to approve minor changes as may be required, 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 #413-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 19, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Margolis Nursery, 9600 Cherry Hill Road, Ypsilanti , Michigan 48198, for the construction of improvements at the Sesquicentennial Park for the total price of $30,900 00, the same having been in fact the lowest bid received for this item and which meets specifications; further, the Council does hereby authorize a change order in the amount of $4,134.00 to be added to the 1988 Miscellaneous Sidewalk Program to construct the sidewalk through the park which was not included as part of this contract, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $35,034.00 from the Unexpended Fund Balance Account for this purpose, 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 24988 to do all other things necessary or incidental to the full performance of this resolution #414-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 6, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Osburn Industries, Inc. , 5850 Pardee, Taylor, Michigan 48180, for supplying the Public Service Division (Whispering Willows Golf Course Section) with topsoil mix at the unit price bid and for a total estimated amount of $9,300 00, the same having been in fact the lowest and only bid received and meets all specifications. #415-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 25, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Carpenter Cunningham Associates, Inc. , 28820 Southfield Road, Lathrup Village, Michigan 48076, for the purchase and installation of an Uninterruptible Power Supply System for a total price of $51 ,697 00, the same having been in fact the lowest bid received and meets all specifications #416-89 RESOLVED, that having considered a letter from the Executive Director of the Community Commission on Drug Abuse, dated April 17, 1989, wherein a request is submitted for additional funding support for the Community Commission on Drug Abuse, the Council does hereby refer this item to the Mayor and Committee of the Whole for their reports and recommendations. #417-89 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 11 , 1989, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $1 ,000.00 from Olin Chemicals Corporation, the purpose of which is to provide maintenance and upgrading for the Department' s hazardous materials equipment A communication from the Chairman of the Traffic Commission, dated April 8, 1989 re CR 145-89, Request for traffic light at Levan and Lyndon was received and placed on file for the information of the Council #418-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 21 , 1989, which bears the signature of the Finance Director and is approved ibr for submission by the Mayor, the Council does hereby authorize the sale of current used police vehicles and drug forfeiture 24989 vehicles using a private auto auction facility, Midwest Auto 1611 Auction & Service, Inc , 14666 Telegraph, Detroit, Michigan 48239, based upon the procedure described in the aforesaid communication wherein the Department sets a minimum bid and thereafter either accepts or rejects the high bid, and the total cost to the City is not to exceed $45.00 per vehicle, further, the authorization herein granted is for a period of one year commencing from the effective date of this resolution. #419-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission and the report and recommendation of the Chief of Police, dated April 10, 1989, in connection therewith, the Council does hereby approve of the request from Myron H Beals American Legion Post 32 to transfer location (new building - same address) of a 1988 Club Licensed Business with Dance Permit for a business located at 9318 Newburgh, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #420-89 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 14, 1989, approved for submission by the Mayor, with regard to a commitment which was made to provide funding for the purchase of books for the Civic Center Library from the Library Construction Fund, the Council does hereby authorize the transfer of a sum of $70,000 00 from the Library Fund Building Maintenance Account 271-738-931-020 to the Library Construction Fund Sundry Account 471-000-698-000 for this purpose #421-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 7, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize Stanson Wrecking Company, 6855 Haggerty Road, Belleville, Michigan 48111 to raze the existing home located at 9811 Newburgh Road (City-owned property) for a sum not to exceed $4,387 00, the same to be appropriated and authorized to be expended from Act 51 Funds (Major Road Account) for this purpose, further, the Council does hereby authorize the said item without competitive bidding in accordance with provisions set forth in Section 3.04.140D5 of the Livonia Code of Ordinances, as amended, further Council Resolution 110-88, adopted on February 10, 1988, is hereby amended and revised to the extent necessary to be consistent with the action taken herein. #422-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 11 , 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the addition of the proposed Newburgh Road pavement improvement in the vicinity of St. Colette Church (as shown on the attached 24990 LIN drawing) to the 1988 Pavement Repair Program (Contract 88-I ) for the estimated cost of $20,000.00; and the Council does hereby appropriate the sum of $20,000.00 from the City' s Michigan Transportation Fund, Major Road Account, for this purpose #423-89 RESOLVED, that having considered a communication from Hart & Leidal Investment Company, 32225 Schoolcraft, Livonia, Michigan 48150, dated April 17, 1989, requesting the vacating of the full width easements for public utilities over portions of the vacated right-of-way which were retained in Ordinance No 1964 in connection with Petition 88-9-3-4, the Council does hereby grant and approve this request, and the Department of Law is hereby requested to prepare the necessary vacating ordinance for submission to Council . #424-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 24, 1989, which transmits its resolution 4-79-89, adopted on April 18, 1989, with regard to the proposed preliminary plat of Gill Orchards Subdivision to be located north of Seven Mile Road, east of Gill Road in the Southeast 1/4 of Section 4, City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said preliminary plat was given by the City Planning Commission on April 18, 1989, the Council does hereby approve of the said preliminary plat subject to the receipt of a report and 16 recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements #425-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 25, 1989, which transmits its resolution 4-83-89, adopted on April 18, 1989, with regard to the proposed preliminary plat of Arbor Park View Subdivision to be located on the south side of Ann Arbor Trail , east of Wayne Road in the Southwest 1/4 of Section 33, City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said preliminary plat was given by the City Planning Commission on April 18, 1989, the Council does hereby approve of the said preliminary plat subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements. A communication from the Chairperson of the Historic Preservation Commission, dated April 21 , 1989 re Status of Clarenceville Cemetery Fence Restoration li was received and placed on file for the information of the Council . 24991 #426-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Director of Building Inspection and the City Engineer, dated April 26, 1989, and approved for submission by the Mayor, with regard to certain proposed ordinance amendments which are required to be adopted in compliance with the Final Order of Abatement issued by the Michigan Department of Natural Resources, Water Resources Commission, and more particularly being Sections 13 20.390, 13 20 400 (Sewers) , 16 24.180, 16.24.210 (Plat Ordinance) and 15 04 060 (Building Codes) of the Livonia Code of Ordinances, the Council does hereby refer this item to the Department of Law for the preparation of the aforesaid ordinance amendments for submission to Council . #427-89 RESOLVED, that having considered a communication from the Council President, dated April 27, 1989, wherein it is proposed that the provision set forth in the Livonia Code of Ordinances relative to special assessment districts be amended and revised, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. #428-89 RESOLVED, that having considered a communication from the Council President, dated April 28, 1989, wherein it is proposed that the rules of the Council as set forth in Chapter 2 04 of the Livonia Code of Ordinances be revised and amended 1161. with regard to requests made by members of the Council to defer action on any particular item to another meeting, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #429-89 RESOLVED, that having considered a communication dated April 21 , 1989 from the President of The Nelson/Ross Companies, which in accordance with the provisions of Section 19.08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on April 18, 1989 by the City Planning Commission in its resolution 4-74-89 with regard to Petition 89-2-2-12, submitted by Northridge Commons Associates, requesting waiver use approval to construct and operate an Arby's Restaurant on property located on the south side of Eight Mile Road, west of Farmington Road in the Northeast 1/4 of Section 4, the Council does hereby designate Wednesday, June 14, 1989 at 7:00 PM. 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. LIN 24992 #430-89 RESOLVED, that having considered a communication dated April 28, 1989 from the Corporate Counsel , Meadowdale Foods, Inc. , which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on April 18, 1989 by the City Planning Commission in its resolution 4-76-89 with regard to Petition 89-2-2-16, submitted by Meadowdale Foods, Inc. , requesting waiver use approval to utilize SDD and SDM licenses in conjunction with a new Great Scott Supermarket located within the Livonia Plaza Shopping Center on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23, the Council does hereby designate Monday, June 19, 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. #431-89 RESOLVED, that having considered a communication dated April 27, 1989 from the National Bank of Detroit, which in accordance with the provisions of Section 19.08 of Ordinance ILm 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on April 18, 1989 by the City Planning Commission in its resolution 4-87-89 adopted on April 18, 1989 with regard to Petition 89-4-8-15, submitted by the National Bank of Detroit requesting approval of all plans required by Section 18.47 for the construction of a branch bank in Laurel Park located on the northwest corner of Newburgh and Six Mile in Section 7, the Council does hereby designate Monday, June 19, 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. #432-89 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5 2934; MCLA 125.584) , as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, June 19, 1989, at 8.00 P M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items' 24993 (1 ) Petition 89-2-6-2, submitted by the City Planning Commission, on its own motion to amend Sections 2 07, 8.02 and 27.04 of Zoning Ordinance 543 and to add two new Articles to Zoning Ordinance 543 which will provide regulations for condominium type projects, the City Planning Commission in its resolution 4-57-89 having recommended to the City Council that Petition 89-2-6-2 be approved, (2) Petition 89-2-6-3, submitted by the City Planning Commission, on its own motion to amend Zoning Ordinance 543 by the addition of a new Article which will provide for the preservation of certain designated areas of the City as "Nature Preserves", the City Planning Commission in its resolution 4-58-89 having recommended to the City Council that Petition 89-2-6-3 be approved, (3) Petition 89-1-1-1 , submitted by Renate Goettmann, for a change of zoning on property located on the west side of Farmington Road between Eight Mile Road and Norfolk Avenue in the Northeast 1/4 of Section 4, from RUFA to P S. , the City Planning Commission in its resolution 4-70-89 having recommended to the City Council that Petition 89-1-1-1 be denied, Lie (4) Petition 89-1-1-3, submitted by Boggio Associates, Inc. for Building Company of America, for a change of zoning on property located on the west side of Farmington Road, south of Eight Mile Road in the Northeast 1/4 of Section 4, from RUFA to P.S , the City Planning Commission in its resolution 4-72-89 having recommended to the City Council that Petition 89-1-1-3 be denied; (5) 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, the City Planning Commission in its resolution 4-48-89 having recommended to the City Council that Petition 89-2-1-5 be approved; and (6) Petition 89-2-1-6, submitted by Bruce and Toni Mette, for a change of zoning on property located on the east side of Arcola Avenue between Plymouth Road and Wadsworth Avenue in the Southeast 1/4 of Section 25, from R-1 to P, the City Planning Commission in its resolution 4-49-89 having recommended to the City Council that Petition 89-2-1-6 be approved, and 24994 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result AYES: Jurcisin, Toy, Bishop, McCotter, Taylor, Ochala and Feenstra NAYS: None The President declared the resolutions adopted. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, L it was RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated April 19, 1989, submitted pursuant to Council Resolution 158-89 in connection with a communication from the City Assessor, dated January 20, 1989, approved for submission by the Mayor, with regard to a request from Mr. George Sackleh, 18675 Wayne, Livonia, Michigan 48152, 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 approve of the proposed division of Tax Item 46 029 99 0006 007 into four parcels, the legal descriptions of which shall read as follows PARCEL "A" Part of the N.E 1/4 of Sec. 8, T.1S , R 9E. , City of Livonia, Wayne County, Michigan, described as. Beginning at a point located S. 0 deg 16 min. 30 sec. East, 1659 feet and S. 89 deg. 44 min. 10 sec West, 26.00 feet from the N E. corner of Sec. 8; thence S 0 deg. 16 min. 30 sec East, 132.5 feet; thence S. 89 deg. 44 min 10 sec. West, 100.0 feet; thence N. 0 deg. 16 min. 30 sec West 132 5 feet, thence N. 89 deg. 44 min. 10 sec East, 100.0 feet to the Point of Beginning LIN Containing 0.459 acres of land, more or less. Subject to easements and restrictions of record. Also subject to an easement over the South 67 5 feet thereof, for ingress, egress, water main, sanitary sewer, green belt and drainage purposes. 24995 PARCEL "B" Part of the N.E 1/4 of Sec. 8, T 1S. , R.9E. , City of Livonia, Wayne County, Michigan described as, Beginning at a point located S. 0 deg. 16 min 30 sec. East, 1659 feet and S 89 deg. 44 min. 10 sec. West, 126.0 feet from the N E corner of Sec. 8; thence S 0 deg 16 min 30 sec East, 132.5 feet, thence S. 89 deg. 44 min. 10 sec. West, 90.0 feet; thence N. 0 deg. 16 min 30 sec. West, 132.5 feet, thence N. 89 deg. 44 min. 10 sec. East, 90.0 feet to the Point of Beginning. Containing 0 413 acres of land, more or less. Subject to easements and restrictions of record Also subject to an easement over the South 67.5 feet thereof, for ingress, egress, water main, sanitary sewer, green belt and drainage purposes Together with an easement for ingress, egress, water main, sanitary sewer, green belt and drainage purposes over the South 67.5 feet thereof, of the following described parcel . Part of the N.E 1/4 of Sec. 8, T 1S , R.9E , City of Livonia, Wayne County, Michigan, described as Beginning at a point located S. 0 deg 16 min 30 sec East, 1659 feet and S. 89 deg 44 min 10 sec West, 26.0 feet from the N.E corner of Sec. 8; thence S 0 deg. 16 min. 30 sec. East, 200.0 feet, thence S. 89 deg. 44 min 10 sec West, 100.0 feet, thence N 0 deg. 16 min. 30 sec. West, 200.0 feet; thence N. 89 deg. 44 min. 10 sec. East, 100 0 feet to the Point of Beginning PARCEL "C" Part of the N.E 1/4 of Sec. 8, T 1S. , R 9E. , City of Livonia, Wayne County, Michigan, described as Beginning at a point located S. 0 deg. 16 min. 30 sec. East, 1659 feet and S. 89 deg 44 min 10 sec West, 216.0 feet from the N.E. corner of Sec. 8; thence S. 0 deg. 16 min. 30 sec. East, 132 5 feet, thence S. 89 deg. 44 min. 10 sec. West, 90.0 feet; thence N 0 deg. 16 min. 30 sec. West, 132.5 feet, thence N. 89 deg. 44 min. 10 sec. East, 90 0 feet to the Point of Beginning. Containing 0 413 acres of land, more or less. Subject to easements and restrictions of record. Also subject to an easement over the South 67 5 feet thereof, for ingress, egress, water main, sanitary sewer, green belt and drainage purposes. Together with an easement for ingress, egress, water main, sanitary sewer, green belt and drainage purposes over the South 67.5 feet thereof, of the following described parcel . Part of the N.E. 1/4 of Sec. 8, T 1S. , R 9E. , City of Livonia, Wayne County, Michigan, described as: Beginning at a point located S. 0 deg 16 min. 30 sec East, 1659 feet and S 89 deg. 44 min. 10 sec. West, 26.0 feet from the N.E. corner of Sec. 8; thence S. 0 deg. 16 min. 30 sec East, 200.0 feet, thence S. 89 deg. 44 min. 10 sec. West, 190.0 feet; thence N. 0 deg. 16 min 30 sec West, 200.0 feet; thence N. 89 deg. 44 min. 10 sec. East, 190.0 feet to the Point of Beginning. 24996 PARCEL "D" Part of the N E 1/4 of Sec. 8, T 1S. , R.9E. , City of Livonia, Wayne County, Michigan, described as. Beginning at a point located S. 0 deg 16 min. 30 sec. East, 1659 feet and S. 89 deg. 44 min. 10 sec. West, 306 0 feet from the N.E. corner of Sec. 8; thence S 0 deg. 16 min 30 sec. East, 132.5 feet, thence S. 89 deg. 44 min. 10 sec. West, 94.0 feet , thence N. 0 deg. 16 min. 30 sec. West, 132.5 feet, thence N. 89 deg. 44 min. 10 sec. East, 94.0 feet to the Point of Beginning. Containing 0 431 acres of land, more or less. Subject to easements and restrictions of record. Also subject to an easement over the South 67.5 feet of the East 74 feet thereof, also over the South 75 feet of the West 20 feet thereof for ingress, egress, water main, sanitary sewer, green belt and drainage purposes. Together with an easement for ingress, egress, water main, sanitary sewer, green belt and drainage purposes over the South 67.5 feet thereof, of the following described parcel . Part of the N.E. 1/4 of Sec. 8, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, described as: Beginning at a point located S. 0 deg. 16 min. 30 sec East, 1659 feet and S. 89 deg. 44 min. 10 sec. West, 26.0 feet from the N.E. corner of Sec 8; thence S 0 deg. 16 min 30 sec East, 200.0 feet, thence S. 89 deg. 44 min. 10 sec. West, 280.0 feet; thence N 0 deg. 16 min 30 sec. West, 200.0 feet; thence N. 89 deg. 44 min. 10 sec. East, 280.0 feet to the Point of Beginning. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Toy and McCotter. NAYS: Bishop, Taylor, Ochala and Feenstra. The President declared the resolution defeated. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, it was #433-89 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated April 19, 1989, submitted pursuant to Council Resolution 158-89 in connection with a communication from the City Assessor, dated 24997 January 20, 1989, approved for submission by the Mayor, with regard to a request from Mr George Sackleh, 18675 Wayne, Livonia, Michigan 48152, 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 refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES Jurcisin, Toy, Bishop, McCotter and Ochala. NAYS Taylor and Feenstra. The President declared the resolution adopted The Audit Report for the City of Livonia for the fiscal year ending November 30, 1988, which was completed by Plante & Moran and referred to the Finance and Insurance Committee (CR 299-89) 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 #434-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 3, 1989, and submitted pursuant to Council Resolution 299-89 in connection with a communication from the Director of Finance, dated March 29, 1989, approved for submission by the Mayor, to which is attached a certified audit report for the City of Livonia for the fiscal year ending November 30, 1988, which was completed by Plante & Moran, the Council does hereby request that the City Treasurer submit a report and recommendation with respect to the audit report comment on personal property tax delinquencies, further, the City Treasurer is requested to submit an annual report on all current and past outstanding personal property tax delinquencies. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #435-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated LMay 3, 1989, and submitted pursuant to Council Resolution 299-89 in connection with a communication from the Director of Finance, 24998 dated March 29, 1989, approved for submission by the Mayor, to which is attached a certified audit report for the City of Livonia for the fiscal year ending November 30, 1988, which was completed by Plante & Moran, the Council does hereby request that the City Treasurer, in accordance with the audit report comment, relinquish all blank checks in her possession by delivering same to the Finance Department and upon doing so, thereafter submit a report to the City Council On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 1436-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 3, 1989, and submitted pursuant to Council Resolution 299-89 in connection with a communication from the Director of Finance, dated March 29, 1989, approved for submission by the Mayor, to which is attached a certified audit report for the City of Livonia for the fiscal year ending November 30, 1988, which was completed by Plante & Moran, the Council does hereby request that the Finance Director submit a report and recommendation with regard to establishing internal control on Weed Cutting Receivables. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 1437-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 3, 1989, and submitted pursuant to Council Resolution 299-89 in connection with a communication from the Director of Finance, dated March 29, 1989, approved for submission by the Mayor, to which is attached a certified audit report for the City of Livonia for the fiscal year ending November 30, 1988, which was completed by Plante & Moran, the Council does hereby request that the Chief of Police submit a report and recommendation on establishing ticket control procedures On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was /438-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated LMay 3, 1989, and submitted pursuant to Council Resolution 299-89 in connection with a communication from the Director of Finance, dated March 29, 1989, approved for submission by the Mayor, 24999 Imp to which is attached a certified audit report for the City of Livonia for the fiscal year ending November 30, 1988, which was completed by Plante & Moran, the Council does hereby request that the Finance Director submit a report and recommendation on establishing control procedures with regard to remote location receipts. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #439-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 3, 1989, and submitted pursuant to Council Resolution 299-89 in connection with a communication from the Director of Finance, dated March 29, 1989, approved for submission by the Mayor, to which is attached a certified audit report for the City of Livonia for the fiscal year ending November 30, 1988, which was completed by Plante & Moran, the Council does hereby request that the Finance Director submit a report and recommendation on the question of whether Section 3.04.140C of the Livonia Code of Ordinances should be amended to as to increase the minimum amount presently prescribed ($3,000 00) for requiring competitive bidding on obligations of the City under a proposed contract. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #440-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 3, 1989 and submitted pursuant to Council Resolution 372-89 in connection with the Audit Report for the 16th District Court Funds, for the fiscal year ending November 30, 1988, from Plante & Moran, dated January 13, 1989, the Council does hereby determine to receive and place this item on file for the information of the Council On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #441-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 3, 1989 and submitted pursuant to Council Resolution 373-89 in connection with the Audit Report for the Economic Development L Corporation, for the fiscal year ending November 30, 1988, from Plante & Moran, dated January 25, 1989, the Council does hereby determine to receive and place this item on file for the information of the Council 25000 1611 On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #442-89 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 3, 1989 and submitted pursuant to Council Resolution 374-89 in connection with the Audit Report of Federal Financial Assistance Programs, for the fiscal year ending November 30, 1988, from Plante & Moran, dated March 3, 1989, the Council does hereby determine to receive and place this item on file for the information of the Council . Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 270 OF TITLE 10, CHAPTER 21 (TRAFFIC VIOLATIONS) 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 fip,erein. 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 010 OF TITLE 10, CHAPTER 90 (PEDESTRIANS) 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. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was L #443-89 RESOLVED, that the Council does hereby refer to the Traffic Commission for its report and recommendation the matter 25001 of providing pedestrian crosswalk markings on Seven Mile Road between The Livonia Mall and Marshall 's Department Store. Councilwoman McCotter gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 060 OF TITLE 9, CHAPTER 32 (ALCOHOLIC BEVERAGES) 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. On a motion by Councilwoman Toy, seconded by Councilman Bishop, it was #444-89 RESOLVED, that having considered letters submitted by certain residents on Shadyside, North of Seven Mile Road, L objecting to the installation of street lights on the street, the Council does hereby rescind and repeal Council Resolution 1211-87, adopted on December 21 , 1987, which confirmed the Special Assessment District 300. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Toy, Bishop and McCotter. NAYS Taylor, Ochala and Feenstra. The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #445-89 RESOLVED, that the Council does hereby request that the City Engineer submit a report and recommendation on the source of funding that is required to pay the $1900 bill incurred as a result of work performed by the Detroit Edison Company for the installation of street lights on Shadyside, North of Seven Mile Road, pursuant to CR 1211-87 which confirmed Special Assessment District 300, which resolution has now been rescinded Imo 25002 On a motion by Councilman Bishop, seconded by Councilman Jurcisin, Land unanimously adopted, it was #446-89 RESOLVED, that having considered letters submitted by certain residents on Shadyside, North of Seven Mile Road, objecting to the installation of street lights on the street, the Council does hereby request that the Inspection Department submit a report and recommendation on the need for the shielding of exterior lights and the placement of buildings in the Canterbury Apartment project On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was #447-89 RESOLVED, that having considered a letter from the President of Franklin Hall Homes, Inc. , P O. Box 879, Lake Orion, Michigan 48035, dated April 24, 1989, with regard to the purchase of City-owned property located at 11684 Cardwell , the Council does hereby authorize the extension of the closing date to May 17, 1989, with respect to this transaction, and Council Resolution 335-89 is hereby amended to the extent necessary to be consistent with the action taken herein 162 roll call vote was taken on the foregoing resolution with the following result: AYES- Jurcisin, McCotter, Taylor and Ochala. NAYS Toy, Bishop and Feenstra. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #448-89 RESOLVED, that having considered a letter from the General Manager of Suburban Checker Cab, P O. Box 52052, Livonia, Michigan 48152, dated April 17, 1989, wherein a request is submitted for an increase in taxicab rates, as set forth in Section 5.84 230 of the Livonia Code of Ordinances, as amended, the Council does hereby grant and approve this request, and this item is hereby referred to the Department of Law for the preparation of the necessary ordinance amendment for submission to Council LOn a motion by Councilman Taylor, seconded by Councilwoman Toy, nd unanimously adopted, it was 25003 ift #449-89 RESOLVED, that having considered a letter from the General Manager of Yellow and Red Cabs, P O. Box 52052, Livonia, Michigan 48152, dated April 17, 1989, wherein a request is submitted for an increase in taxicab rates, as set forth in Section 5 84.230 of the Livonia Code of Ordinances, as amended, the Council does hereby grant and approve this request, and this item is hereby referred to the Department of Law for the preparation of the necessary ordinance amendment for submission to Council . On a motion by Councilman Jurcisin, seconded by Councilwoman McCotter, and unanimously adopted, it was #450-89 RESOLVED, that having considered a letter from Livonia Towing, Inc. , 12955 Levan, Livonia, Michigan 48150, dated April 25, 1989, wherein an increase is requested for towing rates as set forth in Section 10.21 240 of the Livonia Code of Ordinances, as amended, the Council does hereby refer this item to the Chief of Police for his report and recommendation. On a motion by Councilwoman Toy, seconded by Councilman Taylor, Itirt was #451-89 RESOLVED, that having considered a letter from Livonia Towing, Inc. , 12955 Levan, Livonia, Michigan 48150, dated April 25, 1989, wherein an increase is requested for towing rates as set forth in Section 10.21 .240 of the Livonia Code of Ordinances, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES. Jurcisin, Toy, Bishop, McCotter, Taylor and Feenstra. NAYS: Ochala. The President declared the resolution adopted. Councilman Ochala asked that the record show that his "No" vote did not indicate opposition to sending this matter for further consideration but rather indicated his feeling that the item could have been handled very well in the Finance and LI Insurance Committee. He noted that the Committee structure had been expressly set up to alleviate consideration of every item by the entire Council . 25004 On a motion by Councilwoman Toy, seconded by Councilman Taylor, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 21 , 1988, and the reports and recommendations of the Chief of Police, dated April 27, 1989, and the Director of Inspection, dated May 1 , 1989, with respect to a request from Eddie Zeer, stockholder of In & Out #9, Inc , for a new SDM license to be located at 9479 Newburgh, Livonia, Michigan 48150, Wayne County, the Council does hereby recommend that the Michigan Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended, 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 Jurcisin, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 21 , 1988, and the reports and recommendations of the Chief of Police, dated April 27, 1989, and the Director of Inspection, dated May 1 , 1989, with respect to a request from Eddie Zeer, stockholder of In & Out #9, Inc , for a new SDM license to be located at 9479 Newburgh, Livonia, Michigan 48150, Wayne County, the Council does hereby refer this item to the Committee of the Whole A roll call vote was taken on the referral resolution with the following result: AYES Bishop NAYS Jurcisin, Toy, McCotter, Taylor, Ochala and Feenstra The President declared the resolution to refer denied On a motion by Councilman Jurcisin, seconded by Councilman Ochala, it was 25005 lbsRESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute the following resolution: RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 21 , 1988, and the reports and recommendations of the Chief of Police, dated April 27, 1989, and the Director of Inspection, dated May 1 , 1989, with respect to a request from Eddie Zeer, stockholder of In & Out #9, Inc. , for a new SDM license to be located at 9479 Newburgh, Livonia, Michigan 48150, Wayne County, the Council does hereby approve of the request from Eddie Zeer, stockholder of In & Out #9, Inc. , for a new SDM license to be located at 9479 Newburgh, Livonia, Michigan 48150, 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 motion to substitute with the following result: AYES Jurcisin, Bishop, McCotter and Ochala. NAYS Toy, Taylor and Feenstra. The President declared the resolution to substitute adopted. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, it was #452-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 21 , 1988, and the reports and recommendations of the Chief of Police, dated April 27, 1989, and the Director of Inspection, dated May 1 , 1989, with respect to a request from Eddie Zeer, stockholder of In & Out #9, Inc. , for a new SDM license to be located at 9479 Newburgh, Livonia, Michigan 48150, Wayne County, the Council does hereby approve of the request from Eddie Zeer, stockholder of In & Out #9, Inc. , for a new SDM license to be located at 9479 Newburgh, Livonia, Michigan 48150, 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. Jurcisin, Bishop, McCotter and Ochala NAYS: Toy, Taylor and Feenstra The President declared the resolution adopted lb. 25006 On a motion by Councilman Ochala, seconded by Councilwoman McCotter, Lit was #453-89 RESOLVED, that having considered a communication from the City Assessor, dated April 4, 1989, approved for submission by the Mayor, with regard to a request from Mr Angelo Merucci , 10010 Stark, Livonia, Michigan 48150, 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 approve of the proposed division and combination of Tax Item Nos. 46 129 01 0092 001 and 46 129 01 0093 001 into three parcels, the legal descriptions of which shall read as follows: PARCEL 1 Lot 92 except the East 420.0 feet thereof, also the North 34.0 feet of the West 147 0 feet of Lot 93 of "Supervisor' s Livonia Plat No 2", being a part of Sec. 33, T 1S. , R.9E. , Livonia Township, (now City of Livonia) , Wayne County, Michigan, as recorded in Liber 66 of Plats on page 1 W C.R. PARCEL 2 The West 147.0 feet of the South 32.0 feet of Lot 93, also the West 147.0 feet of Lot 94 of "Supervisor's Livonia Plat No. 2", being a part of Sec 33, T.1S. , R.9E. , Livonia Township, (now City of Livonia), Wayne County, Michigan, as recorded in Liber 66 of Plats on page 1 W.C.R. PARCEL 3 The East 60.0 feet of the West 207.0 feet of Lots 93 and 94 of "Supervisor' s Livonia Plat No. 2", being a part of Sec. 33, T.1S. , R.9E. , Livonia Township, (now City of Livonia) , Wayne County, Michigan, as recorded in Liber 66 of Plats on page 1 W.0 R. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Bishop, McCotter, Taylor, Ochala and Feenstra. Lin NAYS Toy. 25007 Le President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was RESOLVED, that having considered a communication from the City Assessor, dated April 17, 1989, approved for submission by the Mayor, with regard to a request from Mr. Henry A. Talaske, 19845 Doris, Livonia, Michigan 48152, 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 approve of the proposed division of Tax Item 46 008 01 0474 000 into two parcels, the legal descriptions of which shall read as follows. PARCEL A Lot 474 except the South 70 ft thereof and the South 1/2 of vacated 60 ft wide Pembroke Avenue, SUPERVISOR'S LIVONIA PLAT NO. 8 of the N. 1/2 of S.E. 1/4 of Sec. 2, T 15. , R.9E. , Livonia Twp. , Wayne County, Michigan, as recorded in Liber 66, on Page 54 of Plats, W.C.R PARCEL B The South 70 ft. of Lot 474 SUPERVISOR'S LIVONIA PLAT No. 8 of the N 1/2 of S E. 1/4 of Sec. 2, T 1S. , R 9E. , Livonia Twp. , Wayne County, Michigan, as recorded in Liber 66, on Page 54 of Plats, W.C.R. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result: AYES. Jurcisin, Taylor and Ochala. NAYS. Toy, Bishop, McCotter and Feenstra. The President declared the resolution denied. Lt was On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, 25008 #454-89 RESOLVED, that having considered a communication from the City Assessor, dated April 17, 1989, approved for submission by the Mayor, with regard to a request from Mr Henry A Talaske, 19845 Doris, Livonia, Michigan 48152, 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 46 008 01 0474 000 into two parcels since the same would be in violation of the City' s Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Bishop, McCotter and Feenstra. NAYS: Jurcisin, Taylor and Ochala. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was IL' #455-89 RESOLVED, that having considered a communication from the City Assessor, dated April 17, 1989, approved for submission by the Mayor, with regard to a request from U S. Trailer Co. as represented by Wayne Robert of Crabill & Company, 33640 Schoolcraft, Livonia, Michigan 48150, 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 46 090 99 0001 001 into three parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #456-89 RESOLVED, that the Council does hereby in accordance with Section 23.01 (a) of Ordinance 543, as amended, request that the Planning Commission conduct a public hearing and thereafter submit its report and recommendation as to what would constitute a more appropriate zoning classification for certain property located south of Five Mile and east of Merriman being Tax Item 46 090 99 0001 001 1/1. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was 25009 lie #457-89 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 13, 1989, approved for submission by the Mayor, wherein certain budget adjustments and corrections to the 1988-89 budget are recommended as set forth in the attachment, the Council does hereby concur in and approve of such action in the manner and form herein submitted. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #458-89 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated April 26, 1989, approved by the City Attorney and the Finance Director and approved for submission by the Mayor, to which is attached a proposed contract for caretaking services at the Historical Village at Greenmead between the City of Livonia and Harvey Allen, the term of which is January 1 , 1989 through December 31 , 1989, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said contract as well as to do all other things necessary to the full performance of this resolution LitOn a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #459-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 26, 1989, which bears the signature of the Finance Director, approved by the Director of Community Resources and approved for submission by the Mayor, and having also considered a communication from the Livonia Historical Commission and the Director of Community Resources dated April 27, 1989, recommended for approval by the Mayor, the Council does hereby accept the bid of Sheridan Construction, Inc. , 32125 Block Street, Garden City, Michigan 48135, for the Newburg School restoration project for the price of $156,500.00, the same having been in fact the lowest bid received for this item; further, the Council does hereby appropriate and authorize an expenditure in the amount of $50,000.00 from Michigan Equity Grant Funds, $73,000.00 from the Historical Commission Trust and Restoration Budget and $33,500.00 from the Unexpended Fund Balance Account for this purpose, 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 25010 on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary to the full performance of this resolution. On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was #460-89 RESOLVED, that having considered a communication from the Planning Commission, dated April 7, 1989, which transmits its resolution 3-62-89, adopted on March 20, 1989, with regard to a sign permit application submitted by Jan Sign on behalf of Drugland for a wall sign to be located at 18975 Middlebelt Road, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #461-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 25, 1989, and submitted pursuant to Council Resolution 328-89 in connection with a communication from the City Planning Commission, dated March 22, 1989, which transmits its resolution 3-46-89, adopted on March 14, 1989, with regard to Petition 89-1-2-2, submitted by the Rotary Club of Livonia, requesting waiver use approval to hold a fund-raising carnival at Ladbroke DRC located at the southeast corner of Schoolcraft Service Drive and Middlebelt Road in the Northwest 1/4 of Section 25, which property is zoned C-2, and having also considered a letter from the Treasurer of the Livonia Rotary, dated May 2, 1989 and having also considered a letter from the Vice President of the Livonia Jaycees, dated May 8, 1989 wherein it is indicated that the Livonia Jaycees are to be substituted as the party and interest in this petition, the Council does hereby concur in the recommendation of the Planning Commission and Petition 89-1-2-2 is hereby approved and granted subject to compliance with the same conditions as are set forth in the aforesaid recommendation, as well as permitting the substitution of the Livonia Jaycees as the party and interest in lieu of the Rotary Club and providing further that the approval herewith shall be for the period May 18, 1989 to May 29, 1989; and the request for a waiver of all fees involved is denied. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, Ind unanimously adopted, it was #462-89 RESOLVED, that having considered a communication from the City Planning Commission, dated February 16, 1989, which 25011 sets forth its resolution 2-30-89, adopted on February 14, 1989, with regard to Petition 88-10-1-33, submitted by Kenneth Neumann for Duke Associates, requesting a change of zoning on property located on the east side of Haggerty Road north of Six Mile Road in the Southwest 1/4 of Section 7 from R-5C and P L to P 0. and from P L. to P 0. III, and the Council having conducted a public hearing with regard to this matter on April 19, 1989, pursuant to Council Resolution 217-89, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was 1463-89 RESOLVED, that having considered a communication from the City Planning Commission, dated February 16, 1989, which sets forth its resolution 2-19-89, adopted on February 14, 1989, with regard to Petition 88-11-1-35, submitted by Charles G Tangora, requesting a change of zoning on property located on the east side of Farmington Road north of Plymouth Road in the Southwest 1/4 of Section 27 from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on May 1 , 1989, pursuant to Council Resolution 218-89, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was RESOLVED, that the Council does hereby rescind and repeal Council Resolution 279-89, adopted on March 22, 1989, wherein the Council did approve Necessity for the installation of street lights in the Smokier-Rousseau Subdivision in the Northwest 1/4 of Section 32. A roll call vote was taken on the foregoing resolution with the following result• AYES• Toy, Bishop and McCotter NAYS Jurcisin, Taylor, Ochala and Feenstra The President declared the resolution denied. On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was 25012 #464-89 RESOLVED, that having considered a communication from the Director of Community Resources, dated April 19, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept a $4,000.00 grant from Target Stores to the Youth Assistance Program, and the Council does hereby appropriate and authorize the deposit of the said $4,000.00 in Account 702-000-285-215 for this purpose. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #465-89 RESOLVED, that having considered a communication dated April 27, 1989, from the Department of Law transmitting for Council acceptance a Quit Claim Deed more particularly described as: Quit Claim Deed dated April 12, 1989, executed by Church of the Savior, the Reformed Church in America, in Livonia, a Michigan Ecclesiastical Corporation, by Raymond VandeGiessen, President of Consistory, for: The west 235 ft. of the north 34 ft. of the south 94 ft. of the following described parcel : The South 581 ft. of the east 300 ft. of the west 1/3 of the south 3/4 of the southeast 1/4 of Section 18, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, except the south 60 ft. thereof, also except the east 65 ft. of the north 34 ft. of the south 94 ft. thereof. the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid quit claim deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #466-89 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 1989 which transmits resolution 5-101-89 with regard to Petition 89-4-2-29 submitted by the Livonia Jaycees requesting waiver use approval to hold a Spring Carnival at the Omni Theater property located at the northeast corner of Plymouth and Farmington Roads in the Southwest 1/4 of Section 27, which property is zoned C-2, the Council does hereby reject the recommendation of the Planning Commission 25013 and Petition 89-4-2-29 is hereby denied in view of the withdrawal of this petition by the Livonia Jaycees as set forth in a letter dated May 10, 1989 On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was 1467-89 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 Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #468-89 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated May 8, 1989, and submitted pursuant to Council Resolution 286-89 in connection with a communication from the Chairman of the Gift Shop Committee of the Friends of the Livonia Public Library, dated March 13, 1989, to which is attached a recommendation regarding the room layout and equipment required for a Friends Room at the Civic Center Library, the Council does hereby authorize the purchase of shelving, slack wall , counters and furniture for the Friends Gift Shop as recommended herein in a manner not to exceed budgeted amounts; further, the Council does hereby authorize the naming of the Michigan Room in the Civic Center Library. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #469-89 RESOLVED, that having reviewed a detailed landscape plan submitted to the City Council pursuant to Council Resolution 391-89, wherein the Council did previously approve Petition 89-2-8-8 for a site plan of a proposal to remodel the front of an existing building located on the south side of Five Mile Road between Farmington and Fairlane in the Northeast 1/4 of Section 21 , the Council does hereby approve the said detailed landscape plan in the manner and form herein submited. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was 25014 lis #470-89 RESOLVED, that having considered Petition 89-5-3-3 submitted by Ashley Construction, Inc , 17570 Ellen Drive, Livonia, Michigan 48152 whereas it is requested that the undeveloped portion of Pembroke Avenue, located in the Southwest 1/4 of Section 5 be vacated, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, this 1 ,152nd Regular Meeting of the Council of the City of Livonia was adjourned at 9.32 P M , May 10, 1989 -1°441.e° 3"" Robert F Nash, City Clerk