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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-03-22 24867 ibmMINUTES OF THE ONE THOUSAND ONE HUNDRED AND FORTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 22, 1989, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 01 P M Councilwoman McCotter 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, Ron Reinke, Superintendent of Parks and Recreation, William LACrayk, Chief of Police, Robert Beckley, Director of Public Works , Joseph Mysliwiec, Court Administrator and Ray Tent, Planning Commission On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #240-89 RESOLVED, that the minutes of the 1 ,148th Regular Meeting of the Council of the City of Livonia, held March 8, 1989 are hereby approved On a motion unanimously introduced, supported and adopted, it was #241-89 RESOLVED, that the Council does take this means to thank and express its appreciation to Dr Roger M Ajluni , who after having served many years as the Livonia City Physician, submitted his resignation effective January 1 , 1989 At the direction of the Chair, Item No 4 re University Limousine was taken off the Consent Agenda ILAOn a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was 24868 110 #242-89 RESOLVED, that having considered a letter from Kimberly and Nicholas Hulea, 8891 Oxbow, Livonia, Michigan 48150, dated March 7, 1989, wherein an objection is raised to the recent installation of "No Parking" signs on Oxbow from 7 00 P M to 7 00 A M , the Council does hereby refer this item to the Traffic Commission for its report and recommendation #243-89 RESOLVED, that having considered a letter from the Executive Director of the Livonia Chamber of Commerce, dated February 28, 1989, wherein a request is submitted for the installation of signs on the public right-of-way for the Livonia Business Expo on May 9, 10 and 11 , 1989, which signs shall be 18" x 24" in size and shall be located at the following locations 2 signs at I-275 & 6 Mile 2 signs at I-275 & 7 Mile 1 sign at Haggerty & 6 Mile 1 sign at Haggerty & 7 Mile the Council does hereby concur in and approve of this request in the manner and form herein submitted #244-89 RESOLVED, that having considered a letter from the Executive Director of the Livonia Chamber of Commerce, dated February 28, 1989, wherein a request is submitted for the Horizon Center to place signs on the public right-of-way for Project Health-O-Rama on April 19, 20, 21 and 22, 1989, at the following locations 1 sign at 19900 Haggerty Rd - 4' x 6' 2 signs at I-275 & 6 Mile - 18" x 24" 2 signs at I-275 & 7 Mile - 18" x 24" 1 sign at Haggerty & 6 Mile - 18" x 24" 1 sign at Haggerty & 7 Mile - 18" x 24" the Council does hereby concur in and approve of this request in the manner and form herein submitted #245-89 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 22, 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2839 2/89, the Council does hereby accept the bid of Redford Topsoil Contractors, Inc , 15553 Beech Daly, Redford, Michigan 48239, for supplying the Public Service Division (Water Maintenance Section) with Topsoil at the unit price bid of $6 20 per yard delivered and $5 50 per yard for pickup, the same having been in fact the lowest bid received and meets all specifications, further, in the event the aforesaid bidder is unable to furnish the material , 24869 lin the Council does hereby accept the second low bid of Nankin Sand Company, 39740 Cherry Hill Road, Canton, Michigan 48187, as an alternate to supply the Public Service Division (Water Maintenance Section) with Topsoil at the unit price bid of $6 25 per yard delivered and $5 50 per yard for pickup #246-89 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 22, 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2840 2/89, the Council does hereby accept the bid of Huggett Sod Farm, Inc , 4114 E Marlette Road, Marlette, Michigan 48453, for supplying the Public Service Division (Water Maintenance Section) with Blue Grass Sod at the unit price bid of $1 04 per yard delivered and $ 83 per yard for pickup, the same having been in fact the lowest bid received and meets all specifications, further, in the event the aforesaid bidder is unable to furnish the material , because of its proximity to the DPW yard, the Council does hereby accept the second low bid of Peltz Sodding, Inc , 34111 Schoolcraft Road, Livonia, Michigan 48150, as an alternate to supply the Public Service Division (Water Maintenance Section) with Blue Grass Sod at the unit price bid of $1 25 per yard delivered and $1 00 per yard for pickup #247-89 RESOLVED, that having considered the report and limrecommendation of the Director of Public Works, dated February 23, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Wayne Oakland Landscape Co , 32401 West Eight Mile Road, Livonia, Michigan 48152, for the 1989 Street Tree Planting Program, for the total cost of $46,040 00, based upon the Public Service Division' 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, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, and to do all things necessary to the full performance of this resolution #248-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 27, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Lawnmower, Inc , 34955 Plymouth Road, Livonia, Michigan 48150, for supplying the Public Service Division (Equipment Maintenance and Idyl Wyld Golf Course Sections) with five 52" Walk-Behind Rotary Mowers for a total price of $10,500 00, the same having been in fact the lowest bid received which meets specifications (bids from W F Miller and Lawn 24870 Imo Equipment Service & Sales are rejected because they do not meet specifications) , further, the Council does hereby appropriate and authorize the purchase of three of the Mowers from the Equipment Maintenance budget (Account No 101-446-985 000) and for two Mowers from the Idyl Wyld Golf Course Budget (Account No 101-683-985 000) #249-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 28, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications, for supplying the Public Service Division (Golf Courses and Park Sections) with the Fertilizers specified at the unit price bid (1 ) Turfgrass, Inc , 28064 Pontiac Trail , P.0 Box T, South Lyon, Michigan 48178 Material to be Furnished Unit Price Bid 13-0-44 analysis fertilizer $400 00 per ton 25-0-25 analysis fertilizer $379 00 per ton Milorganite $205 00 per ton (2) Turf Chemicals, Inc 1011 E Main Street, P 0 Box 451 , Owosso, Michigan 48867 Material to be Furnished Unit Price Bid 46-0-0 analysis fertilizer $235 00 per ton 19-19-19 analysis fertilizer $225 00 per ton further, in the event the aforesaid bidders are unable to furnish the material , the Council does hereby accept the second low bids of Turf Chemicals, Inc 1011 E Main Street, P 0 Box 451 , Owosso, Michigan 48867, as an alternate to supply the Public Service Division (Golf Courses and Park Sections) with the Fertilizers specified at the unit prices bid Material to be Furnished Unit Price Bid 13-0-44 analysis fertilizer $476 00 per ton 25-0-25 analysis fertilizer $446 00 per ton Milorganite $239 95 per ton #250-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 2, 1989, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of AIS Continental Equipment, 56555 Pontiac Trail , New Hudson, Michigan 48165, for supplying the Public Service Division (Equipment Maintenance Section) with two Front-Mounted Rotary 24871 imo Mowers for a net price of $11 ,350 00, based on a total price of $13,000 00 less trade-ins of $1 ,650 00, the same having been in fact the lowest bid received which meets specifications (the bid of JDX Corporation is rejected because it does not meet specifications) #251-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 2, 1989, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Wilkie Turf Equipment Division, Inc , 1050 Opdyke Road, Pontiac, Michigan 48056, for supplying the Public Service Division (Idyl Wyld Golf Course Section) with one Riding Triplex Greensmower for a total price of $8,300 00, the same having been in fact the lowest bid received which meets specifications (the bid of Lawn Equipment Service & Sales is rejected because it does not meet specifications) #252-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 27, 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 Allie Brothers, Inc , 20295 Middlebelt, Livonia, Michigan 48152, for supplying uniforms for the Division of Police, the same having been in fact the lowest bid received and meets Iwo all specifications #253-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 21 , 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 Highgate Electric Company, 31740 Plymouth Road, Livonia, Michigan 48150, for the purchase and installation of eight 150 watt High Pressure Sodium Security Lights for the Police Lockup area for a total price in the amount of $2,227 50, the same having been in fact the lowest bid received and meets all specifications, and the Council does hereby appropriate and authorize the expenditure of a sum of $2,227 50 from Account No 101-325-987-000 for this purpose #254-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 23, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Decatur Electronics, Inc , 715 Bright Street, Decatur, Illinois 69522, of three Decatur Model MUR 724, K Band with Remote Switch Radar Units for a total price of $3,311 70, the same to be appropriated and expended from Account No 115-302-987-000, further, the Council does hereby determine to authorize the said purchase without competitive bidding Iwoinasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in 24872 lbw the aforesaid communication, and such action is taken in accordance with provisions set forth in Section 3.04 140D5 of the Livonia Code of Ordinances, as amended #255-89 RESOLVED, that having considered a letter from Carol Andrikides, 19450 Pierson Dr , Northville, Michigan 48167, with attachments, with regard to the Northville Preservation Association and its concerns with respect to Public Act 61 which permits privately owned property to be force pooled into a drilling district as well as the adverse effect of gas and oil wells in densely populated areas, the Council does hereby refer this item to the Legislative Committee for its report and recommendation #256-89 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated January 19, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with regard to the improvement of Laurel Avenue (Plymouth to S of Pinetree) and Pinetree Avenue (Wayne to Stark) pursuant to S A D No 302, the Council does hereby determine as follows 1 To authorize lowering the assessments as set forth in the confirmed assessment roll for S A D No 302, the lbw revised assessments to be based upon an assessment rate of $28 10 p f f , rather than $42 00, 2 To establish the final project cost at $405,449 91 , of which $198,387 09 is to be charged to the special assessment district, $3,877 96 to the Sewer Fund Capital Outlay Account and $203,184 86 is to be assumed by the City' s Michigan Transportation fund receipts, 3 To authorize the City Assessor to increase the assessment for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, and 4 To authorize an expenditure in the amount of $405,449 91 from the $7 9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($198,387 09) , from the next Michigan Transportation Fund (M T F ) receipts ($203,184 86) and $3,877 96 from the Sewer Fund Capital Outlay Account #257-89 RESOLVED, that Lendrum & Ronayne Development, 17618 Rexwood, Livonia, Michigan 48152, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Fox Creek Meadows located on the 24873 north side of Seven Mile Road between Newburgh Road and Fitzgerald in the Southwest 1/4 of Section 5, the said proposed preliminary plat being dated February 22, 1988, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on August 16, 1988, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated March 1 , 1989, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null , void and of no effect whatsoever, low (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinances, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, 24874 the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts a General Improvement Bond $990,000 00, of which at least $ 10,000 00 shall be in cash b Sidewalk Bond $ 51,000 00, of which at least $ 5,000 00 shall be in cash c Grading and Soil Erosion $ 7,200 00, of which at least $ 1 ,500 00 shall be in cash d Entrance Markers - $ 20,000 00, of which at least Landscaping $ 2,000 00 shall be in cash lam e Monuments and Lot Markers $ 2,110 00 (all cash) and require cash payments in the total amount of $56,477 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision #258-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 8, 1989, approved for submission by the Mayor Pro Tem, the Council does hereby amend Item No 7 of Council Resolution 884-88, adopted on September 14, 1988, so as to reduce the financial assurances now on deposit with the City for General Improvements in the Regency Circle Subdivision No 2, located in the Southwest 1/4 of Section 31 , to $6,500 00, of which at least $3,000 00 shall be in cash, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City, including those for sidewalk improvements, shall remain the same and unchanged #259-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 1 , 1989, approved as to form by the City Attorney, and approved for submission by the Mayor Pro Tem, and to which is attached a proposed Overhead Right Of Way Agreement which would establish the following 10 24875 foot wide easement area across City-owned property in the Northwest 1/4 of Section 16 A ten (10) foot wide easement across Outlot A, Golfview Meadows Subdivision No 2 (Liber 88, Pages 49 and 50, Wayne County Records) , the centerline of said 10 foot wide easement being more particularly described as follows Commencing at the Northeast lot corner of Lot 152 of said Golfview Meadows Subdivision No 2 and proceeding thence N 1 ° 29' 25" W , 180 feet, thence S 88° 30' 35" W , 150 feet to the East right-of-way line of Wayne Road (86 feet wide) and the point of ending And the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the attached overhead right of way agreement A roll call vote was taken on the foregoing resolutions with the following result AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra NAYS None On a motion by Councilwoman McCotter, seconded by Councilman Bishop, and unanimously adopted, it was #260-89 RESOLVED, that having considered a letter from the General Manager of University Limousine, 7773 N Canton Center Road, Canton, Michigan 48187, dated February 21 , 1989, wherein a request is submitted for a license to be issued without large monetary requirements for the transportation of passengers in the Livonia area, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Jurcisin, seconded by Councilman Bishop, it was #261-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 21 , 1989, and submitted pursuant to Council Resolution 1192-88 in connection with a letter from TNT-EDM, Inc , 36010 Industrial Road, Livonia, Michigan 48150, dated December 6, 1988, wherein it is indicated that the said TNT-EDM, Inc intends to transfer facilities from the aforesaid address to the Township of Plymouth, and it further indicates that the said TNT-EDM, Inc desires to obtain a 1974 P A 198 exemption for the Plymouth Township facility, the Council does hereby consent to the transfer as herein requested, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution 24876 A roll call vote was taken on the foregoing resolution with the following result. LAY[S McCotter, Jurcisin, Bishop and Feenstra. NAYS Taylor, Ochala and Toy The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #262-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 21 , 1989, and submitted pursuant to Council Resolution 1195-88 in connection with a communication from the City Assessor, dated November 30, 1988, approved for submission by the Mayor, with regard to a request from M3' Barbara Evans, 14430 Brookfield, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46 087 99 0005 000 into three parcels, the legal descriptions of which shall read as follows PARCEL "A" in A parcel of land being part of the 5 W 1/4 of Section 22, T l3. , R 9E , City of Livonia, Wayne County, Michigan, described as' Beginning at a point located S. 0 deg 5 min 35 sec East, along the North and South 1/4 line of said Section, 215 91 feet and S 89 deg. 52 min 30 sec West, 471 ,70 feet from the center of said Section, thence N 0 deg 03 min West, 175'44 feet to the South line of Lyndon Avenue, 86 feet wide, thence along said South line N 89 deg 49 min West 60 00 feet, thence S 0 deg. 03 min, East, 175.76 feet, thence N 89 deg. 52 min. 30 sec East, 60 00 feet to the point of beginning. Containing 0 242 Acres of land, more or less Subject to easements and restrictions of record PARCEL "B" A parcel of land being part of the S.W 1/4 of Section 22, T lS. , R 9E , City of Livonia, Wayne County, Michigan, described as Beginning at a point located S. 0 deg. 5 min 35 sec East, along the North and South 1/4 line of said Section, 215 91 feet and S. 89 deg 52 min 30 sec West, 531 70 feet from the center of said Section, thence N 0 deg 03 min West, 17 76 feet to the South line of Lyndon Avenue, 86 feet wide; thence along said South line N 89 deg 49 min West, 60 00 feet, thence S. 0 deg 03 min East, 176 09 feet, thence N 89 deg. 52 min' L 30 sec East, 60 00 feet to the point of beginning Containing 24877 Imp 0 242 Acres of land, more or less Subject to easements and restrictions of record PARCEL "C" A parcel of land being part of the S W 1/4 of Section 22, T 13, , R 9E , City of Livonia, Wayne County, Michigan, described as, Beginning at a point, located S. 0 deg 5 min' 35 sec. East, along the North and South 1/4 line of said Section, 215 91 feet and S 89 deg 52 min 30 sec. West, 591 70 feet from the center of said Section, Thence N 0 deg. 03 min West, 176 09 feet to the South line of Lyndon Avenue, 86 feet wide, thence along said South line N 89 deg 49 min West, 65'00 feet to the East line of Brookfield Avenue, 60 feet wide, thence along said East line S 0 deg 03 min East, 176'44 feet; thence N 89 deg 52 min 30 sec. East, 65,00 feet to the point of beginning Containing 0 263 Acres of land, more or less. Subject to easements and restrictions of record 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 Igo On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #263-89 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 6, 1989, and submitted pursuant to Council Resolution 1229-88 in connection with the report and recommendation of the Planning Department, dated March 1 , 1986, with respect to proposed improvements of the clubhouse at Idyl Wyld Golf Course, and having also considered a letter from the Director of Finance, dated February 23, 1989, approved for submission by the Mayor in connection therewith, the Council does hereby authorize and approve as Phase I improvements the following items` City will do 1 County has tentatively agreed to move east drive further east 2 Outside lighting to be added in parking lot lis 3. Aluminum outside trim to be added on side and painted 24878 4 Add 4 to 5 parking spaces 5 Repair sidewalks AND Lessee will do 1 Remove sign from south cable 2 Provide handicap ramp 3 Rehab cooler 4 Enclose dumpster 5 Paint inside 6 Change grease trap 7 Add exterior lighting 8 New kitchen equipment 9 New sanitary sewer line Further, the Council does hereby request that the Finance Director and the Superintendent of Parks and Recreation submit their respective reports and recommendations with respect to proposed Phase II improvements concerning heating and cooling, grill room and pro shop On a motion by Councilman Jurcisin, seconded by Councilman Bishop, it was RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 6, 1989, and submitted pursuant to Council Resolution 71-88 in connection with a letter from the President of Bobby's Country House, Inc , dated May 17, 1985, which purports to exercise an option to renew the lease between the City of Livonia and Livonia Restaurants, Inc for the Clubhouse located at the Idyl Wyld Golf Course, in accordance with Section 1 4 of the Sublease Agreement, the Council does hereby refer this matter to the Department of Law for the preparation of the documents necessary to renew the lease in the following manner Lease to be three (3) five (5) year terms at 6% of first $700,000 with $3,500 per month minimum and 5% gross over $700,000 and 1% penalty per month 24879 16, On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was RESOLVED, that the foregoing resolution be amended so as to provide that the lease shall be renewed on the basis of economics as set forth in the letter dated February 23, 1989 using five (5) three (3) year terms instead of three (3) five (5) year terms A roll call vote was taken on the amendment with the following result AYES McCotter and Toy NAYS Taylor, Ochala, Jurcisin, Bishop and Feenstra The President declared the amendment denied. A roll call vote was taken on the original resolution as follows #264-89 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 6, 1989, and submitted pursuant to Council Resolution 71-88 in connection with a letter from the President of Bobby' s Country House, Inc , dated May 17, 1985, which purports to exercise an option to renew the lease between the City of Livonia and Livonia Restaurants, Inc for the Clubhouse located at the Idyl Wyld Golf Course, in accordance with Section 1 4 of the Sublease Agreement, the Council does hereby refer this matter to the Department of Law for the preparation of the documents necessary to renew the lease in the following manner Lease to be three (3) five (5) year terms at 6% of first $700,000 with $3,500 per month minimum and 5% gross over $700,000 and 1% penalty per month AYES Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra. NAYS McCottPr. The President declared the resolution adopted Councilman Taylor took from the table, and gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-6-1-17) 24880 A roll call vote was taken on the foregoing Ordinance with the following result' AYES. McCotter, Taylor, Jurcisin, Toy, Bishop and Feenstra. N�~ NAYS Ochala The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilwoman Toy took from the table, and gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 17 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-9-1-23) On a motion by Councilman Taylor, seconded by Councilman Jurcisin, it was #265-89 RESOLVED, that having considered a letter from the ibm DepOrtment 0f L�w, d�ted Febru�ry l5, l98�, �hich �Ub0it3 � proposed ordinance amendment approving Petition 88-9-1-23 submitted by the City Planning Commission for a change of zoning on property located on the north side of Five Mile Road between Levan and Williams in the Southwest 1/4 of Section 17, from C-1 to P S and which proposed ordinance amendment has received its First and Second Readings, 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. McCotter, Taylor, Jurcisin and Feenstra. NAYS Ochala, Toy and Bishop. The President declared the resolution adopted Councilman Taylor took from the table, and gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 36 OF THE � ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 88-9-1-26\ 24881 A roll call vote was taken on the foregoing Ordinance with the following result immAYES Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra NAYS McCotter The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Bishop took from the table, and gave second reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 88-10-3-8) A roll call vote was taken on the foregoing Ordinance with the following result AYES McCotter, Taylor, Ochala, Jurcisin, Bishop and Feenstra NAYS Toy The President declared the foregoing Ordinance duly adopted, and would become low effective on publication Councilwoman McCotter gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 88-9-3-7) 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 of the Council Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 7 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING low ORDINANCE" BY ADDING SECTION 3. THERETO (Petition 88-10-1-30) 24882 ImoThe 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 of the Council Councilman Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-7-1-1¢\ 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 of the Council imisCouncilman Ochala gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 88-10-3-10\ 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 of the Council Councilwoman Toy gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 88-11-3-12) 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 1601 herei0. The above Ordinance was placed on the table for consideration at the 24883 next regular meeting of the Council flow Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-4-1- 8) 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 of the Council On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was L. #266-89 RESOLVED, that having considered the report and recommendation of the City Clerk and the Finance Director, dated March 8, 1989, the Council does hereby authorize the purchase of used Voter Registration Computer Equipment required to upgrade the City' s Voter Registration System from Capitol Equipment, Inc , 870 Bowers, Birmingham, Michigan 48009, for the sum of $11 ,000 00 plus freight, in the manner and form set forth in a letter dated March 7, 1989, the same to be appropriated and expended from the Unexpended Fund Balance 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 On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was #267-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 6, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the unit price bid of Holloway Construction Co , 29250 LI. Wixom Road, Wixom, Michigan 48096, for the 1989 Miscellaneous Street Improvement Project for the estimated total cost of $364,484 06, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon 24884 the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having tram been in fa�t the lOw�St bid r8oeiv8d f�r �hi� it�m, furth�r the Council does hereby appropriate 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 for the City' s portion of the project at such time as funds may be available from the Michigan Transportation Funds (Local Road Account) , and the City Engineer is hereby authorized to approve minor adjustments in the work, as needed, 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 Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #268-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 13, 1989, thS repVrts and rer0mmendatiOns nf the ChiSf 0f P0lice, Land ddtSd February 2O, l989, the Citv Planner" datgd MarCh l3, l9R9, ' and the Director of Inspection, dated March 14, 1989, the Council does hereby approve of the request from Mitchell George Housey and E Beverly Feuer, new stockholders in Compton Village Lounge, Inc , to transfer stock in a 1988 8-Hotel Licensed Business with Dance-Entertainment Permit, Official Permit (Food) , and 57 rooms, by dropping Harold H Gordon and Louis P Begin (now deceased) as stockholders through the transfer of their 98 shares of stock to existing stockholder, Mitchell R Housey (62-2/3 shares) , new stockholder, Mitchell G Housey (66-2/3 shares) , new stockholder, E Beverly Feuer (66-2/3 shares) , then transfer stock by dropping Mitchell R Housey as stockholder and transferring his stock to Mitchell G Housey /33-1 /3 shares) , and E. Beverly Feuer /33-1/3 shares) , request transfer status from B-Hotel to Class C and drop space for a business located at 28500 Schoolcraft, 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 On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #269-89 RESOLVED, that having considered the report and � recommendation of the Mayor, dated March 2, 1989, which bears 24885 the signature of the Finance Director and to which is attached an invoice from the Conference of Western Wayne in the amount of $2,000 00 for the coordination of solid waste management activities, the Council does hereby appropriate and authorize the expenditure of a sum of $2,000 00 from the Unexpended Fund Balance Account for this purpose On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was 1270-89 WHEREAS, Wayne County was the agency designated under Act 641 to prepare the initial County Solid Waste Management Plan, and to prepare Five Year Updates of the Plan, WHEREAS, Wayne County, acting through the Wayne County Solid Waste Implementation Committee has released a draft Five Year Update of the Wayne County Solid Waste Management Plan, dated September 1988, which is being revised to address deficiencies in various areas WHEREAS, the City of Livonia is vitally interested in developing sound solid waste management strategies, WHEREAS, the City of Livonia is a member of the Conference of Western Wayne which has been actively involved in discussions with the County as to the contents of the Five Year Update of the Wayne County Solid Waste Management Plan and which has apprised the City of Livonia of problem areas in the draft Update, WHEREAS, pursuant to Act 641 , 67% of the communities in the County must approve the Update before it may become effective, WHEREAS, the City of Livonia will eventually be called upon to approve the Five Year Update of the Wayne County Solid Waste Management Plan, and WHEREAS, the City of Livonia wishes to advise Wayne County of the local issues which must be addressed in revisions to the draft Update in order for the City of Livonia to support the Update NOW THEREFORE, BE IT RESOLVED, that the City of Livonia commends Wayne County on agreeing to substantially revise the draft Five Year Update, AND BE IT FURTHER RESOLVED that the City of Livonia recommends that following items and issues be addressed in the revision 24886 'bp 1 That the hierarchy of waste disposal options in the State Solid Waste Policy be implemented in the Update - to first reuse, then recycle and compost, then incinerate, and landfill the ashes and the uncombustible residuals 2 That the County waste reduction goal also address commercial and industrial solid waste, as residential waste is under 50% of the waste stream, and is the most diffuse and difficult to control of the major solid waste categories 3 That cost estimates for building and operating typical recycling, composting and incineration facilities be included in the Update 4 That the Update restrict importation of solid waste from outside the Metro area to ensure that landfill capacity is available for Wayne County residents and businesses throughout the planning period, and that this be addressed through limitations on the service territory of new landfills 5 That both the Emergency Siting Procedure and the plan to site several landfills after adoption of the Update be extensively revised, and that the siting of new landfills should be done by a new siting committee 6 That the Implementation Committee to be reconstituted as a Planning Committee without the heavy representation by landfill interests and with more representation by elected officials and limited to an advisory role on solid waste planning, and that this Planning Committee determine the landfill capacities required during the planning period 7 That the siting committee be established which includes representation of elected officials from the County, a city, a township, the intended host community and representation from CWW, Downriver Community Conference, the reconstituted Planning Committee, plus an independent geologist/hydrologist and an independent impact analyst, and 8 That this siting committee determine landfill sites sufficient to provide only those capacities required during the planning period and to consider a reasonable mitigation agreement for a needed landfill in an otherwise reasonable site, and for landfills sited on the border of two municipalities which will impact multiple communities 24887 Imp 9 That, to guide any siting committee, the Update specify a minimum mitigation package which would be used when the host community and the landfill operator are unable to reach agreement on a reasonable arrangement or when a facility is sited on the border of two communities, and that it be valued at a specified percentage of the gross revenues of the new landfill 10 That communities hosting landfills not be immune from the reduction goal in exchange for hosting a landfill On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was #271-89 RESOLVED, that having considered a communication from the City Assessor, dated March 6, 1989, approved for submission by the Mayor Pro Tem, with regard to a request from Mr Steven Roddy, 33642 South Hampshire, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing and combining Tax Item Nos 46 064 01 0755 000, 46 064 01 0756 000 and 46 064 01 0758 000 into two parcels since the same would 1mmbe violation of the City' s Zoning Ordinance and law A roll call vote was taken on the foregoing resolution with the following result AYES McCotter, Toy, Bishop and Feenstra NAYS Taylor, Ochala and Jurcisin The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Ochala, it was RESOLVED, that having considered a communication from the City Assessor, dated March 6, 1989, approved for submission by the Mayor Pro Tem, with regard to a request from Mr William Anderson, 19823 Merriman Ct , 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 No 46 007 99 0007 000 into two parcels since the same would be in violation of the City's Zoning Ordinance and law limm A roll call vote was taken on the foregoing resolution with the following result 24888 lir A roll call vote was taken on the foregoing resolution with the following result AYES Toy NAYS McCotter, Taylor, Ochala, Jurcisin, Bishop and Feenstra The President declared the resolution denied On a motion by Councilman Ochala, seconded by Councilman Taylor, it was #272-89 RESOLVED, that having considered a communication from the City Assessor, dated March 6, 1989, approved for submission by the Mayor Pro Tem, with regard to a request from Mr William Anderson, 19823 Merriman Ct , 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 No 46 007 99 0007 000 into two parcels, the legal descriptions of which shall read as follows Proposed Parcel A Immo 04ala The East 176 25 feet of the following described parcel x 88' (15,510 S F ) The north 88 feet of South 2376 feet of the West 442 50 feet of Southwest 1/4 of Section 2, Town 1 south, Range 9 East, except the West 236 25 feet thereof also except the East 30 feet thereof, City of Livonia, Wayne County, Michigan (Bureau of Taxation Parcel #007990007001 ) Proposed Parcel B 04alb The West 176 25 feet of the following described parcel The North 88 feet of South 2376 feet of the West 442 50 feet of the Southwest 1/4 of Section 2, Town 1 South, Range 9 East, except the East 206 25 feet thereof, also except the West 60 feet thereof, City of Livonia, Wayne County, Michigan (Bureau of Taxation Parcel #007990007002) as shown on the map attached to the aforesaid communication ii• which is made a part hereof by reference, and the City Clerk 24889 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 McCotter, Taylor, Ochala, Jurcisin, Bishop and Feenstra NAYS Toy The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #273-89 RESOLVED, that having considered the report and recommendation of the Department of Law, dated February 24, 1989, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the execution of the attached Stipulation for Consent Judgment and the entry of Consent Judgment in Wayne County Circuit Court Civil Action No 88-821364-CC, providing for the taking of eminent domain of property described as The South 30 feet of the following described parcel That part of the Northwest 1/4 of Section 14 described as beginning at a point distant due West along the North Section line 1227 82 feet and South 0 degrees 11 minutes West 663 79 feet from the North 1/4 corner of Section 14 and proceeding thence South 0 degrees 11 minutes West 603 79 feet, thence South 89 degrees 15 West 240 30 feet, thence North 0 degrees 11 minutes East 603 79 feet, thence North 89 degrees 15 minutes East 240 30 feet to the point of beginning BE IT FURTHER RESOLVED, that the Council does hereby authorize the expenditure of a sum not to exceed Two Thousand, Five Hundred and no/100 Dollars (2500 00) as total just compensation, a sum not to exceed Four Hundred, Sixty-Seven and no/100 Dollars ($467 00) as attorney fees, $100 00 for title work and $300 00 for proration of taxes (which sum includes $1100 00 for just compensation and $300 00 for tax proration previously authorized in Council Resolution 510-88) , and further, the Council does hereby authorize the payment of the aforesaid sums from the 7 9 Million Dollar General Obligation Road Improvement Bond Issue, to be repaid from the receipts of the special assessment district, when sufficient funds become available 24890 ihr On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #274-89 RESOLVED, that having considered a letter from the President of Madonna College, dated February 7, 1989, and the letter from the Director of Allied Health, Associate Race Director, Celebration Run II , dated February 15, 1989, requesting permission to utilize Schoolcraft Road and Newburgh Road from 10 30 A M to 11 00 A M. on April 9, 1989 for the Second Annual Celebration Run, and having also considered the reports and recommendations of the Chief of Police, dated March 7, 1989 and March 17, 1989 in connection therewith, the Council does hereby grant and approve this request in the manner and form herein submitted including the waiving of all fees incurred by the City in connection with this activity, subject to approval by the Police Department On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #275-89 RESOLVED, that having considered a letter from Charles ifts G Tangora of Brashear, Tangora and Spence, dated March 9, 1989, wherein a request is submitted for consent to the assignment of the lease between Dimitrios Gotsis and Sylvia Gotsis and the City of Livonia to Golden Lantern, Inc. , a Michigan Corporation, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed consent to assignment subject to approval as to form by the Department of Law. On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #276-89 RESOLVED, that having considered a communication from the Court Administrator and the Director of Public Works, dated March 6, 1989, which bears the signatures of the District Judges and the Finance Director, and is approved for submission by the Mayor Pro Tem, and which submits a proposal for the employment of Roger Snyder, Architects, for the purpose of preparing a study with regard to the Court space needs and proposed expansion/renovation of the 16th District Courthouse, the Council does hereby refer this item to the Capital Improvement Committee (to review the architect selection process) and to the Committee of the Whole (to review the project itself) for their respective reports and recommendations 24891 On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #277-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 1989, which transmits its resolution 2-41-89, adopted on February 28, 1989, with regard to the proposed preliminary plat of Caliburn Estates No 1 Subdivision to be located south of Seven Mile Road and east of Newburgh Road in the Northwest 1/4 of Section 8, City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said preliminary plat was given by the City Planning Commission, after due notice and a public hearing on February 28, 1989, subject to submittal of a plan for a subdivision entrance marker to the Planning Commission for its approval prior to approval of the Final Plat, 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 On a motion by Councilman Taylor, seconded by Councilman Jurcisin, Land unanimously adopted, it was #278-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 1989, which transmits its resolution 2-40-89, adopted on February 28, 1989, with regard to the proposed preliminary plat of Caliburn Manor No 1 Subdivision to be located south of Seven Mile Road and west of Newburgh Road in the Northeast 1/4 of Section 7, City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said preliminary plat was given by the City Planning Commission, after due notice and a public hearing on February 28, 1989, subject to submittal of a plan for subdivision entrance markers and a landscape plan for the greenbelt easements along Newburgh Road to the Planning Commission for its approval prior to approval of the Final Plat, 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 On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, It was 24892 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 15, 1988, pursuant to Council Resolution 925-88, adopted on September 28, 1988, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the installation of 100 watt high pressure sodium lights on davitt poles in the Smokier-Rousseau Subdivision, located in the Northwest 1/4 of Section 32, City of Livonia, Wayne County, Michigan and a public hearing having been held thereon on February 27, 1989, pursuant to Council Resolution 8-89, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvements A roll call vote was taken on the foregoing resolution with the following result AYES McCotter and Toy NAYS Taylor, Ochala, Jurcisin, Bishop and Feenstra. The President declared the resolution denied On a motion by Councilman Ochala, seconded by Councilman Taylor, it was #279-89 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 15, 1988 on all matters required by Section 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a public hearing having been held thereon on February 27, 1989, after due notice as required by Section 3 08 070 of said Code, and 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 improvement consisting of the installation of 100 watt high pressure sodium lights on davitt poles with underground wiring in the Smokler- Rousseau Subdivision in the Northwest 1/4 of Section 32, 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, 24893 lbw (3) approve the plans and specifications for said improvement as set forth in said statement dated December 15, 1988, (4) determine that the cost of said improvement shall be paid by special assessment upon the property especially benefited, (5) that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the N W. 1/4 of Section 32, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan described as containing the property shown on the proposed Special Assessment Plan and Roll . (7) direct the City Assessor to prepare a special assessment roll in accordance with the Church' s determination on said statements as prepared by the City Engineer dated December 15, 1988, and 6 (8) 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 pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Ochala, Jurcisin, Bishop and Feenstra NAYS McCotter and Toy. The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Ochala, it was #280-89 RESOLVED, that having considered a communication from the City Planning Commission, dated January 12, 1989, which 24894 sets forth its resolution 12-231-88, adopted on December 20, 1988, with regard to Petition 88-11-1-34, submitted by Livonia L Little Tots Day Nursery for a change of zoning on property located east of Newburgh Road between Six Mile Road and Munger Street in the Northwest 1/4 of Section 17, from R-3B to P S. , and the Council having conducted a public hearing with regard to this matter on March 1 , 1989, pursuant to Council Resolution 51-89, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 88-11-1-34 is hereby denied for the following reasons 1 . That the proposed change of zoning will provide for the further encroachment of non-residential zoning into a residential area 2 That the proposed change of zoning would encourage similar requests for changes of zoning further to the south. 3 That the proposed change of zoning is not supported by the Future Land Use Plan which recommends low density residential land use for the subject area 4 That the proposed change of zoning is contrary to good planning principles in that the subject site is not directly served by a major thoroughfare but, instead, its location requires indirect vehicular access across L ad '.aceOt church pruperty. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCotter, Ochala, Jurcisin, Toy, Bishop and Feenstra. NAYS: Taylor. The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was 1281-89 RESOLVED, that the Council does hereby refer to the Livonia City Council/Schools Liaison Committee for its report and recommendation the question of the placement of child care facilities in Livonia in general as well as giving due consideration to the proposal of the Livonia Little Tots Day Nursery. On a motion by Councilman Jurcisin, seconded by Councilman Taylor, L it was 24895 #282-89 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 1 .21 acres lying in the Northwest 1/4 of Section 26, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 50", and WHEREAS, written notice has been given by certified mail to Adamas, Inc. , of the Council 's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No. 50; and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No. 50, and WHEREAS, on Wednesday, March 15, 1989, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 50, at which time Adamas, Inc. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ) , and a representative of Adamas, Inc attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 . An Industrial Development District is hereby established, such district to consist of the area described in Schedule 1 , attached hereto 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 50." SCHEDULE 1 A parcel of land located in the City of Livonia, Wayne County, Michigan, described as. 24896 The East 138 feet of Lot 8 and the West 126 feet of Lot 9, Merriman Road Industrial Subdivision of part of the northwest L one-quarter of Section 26, Town 1 South, Range 8 East, City of Livonia, Wayne County, Michigan, according to the Plat recorded in Liber 88 of Plats, Pages 25 and 26, Wayne County Records. (31000 Industrial Road, Livonia, Michigan) A roll call vote was taken on the foregoing resolution with the following result: AYES' Taylor, Jurcisin, Bishop and Feenstra NAYS McCotter, Ochala and Toy The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 1283-89 WHEREAS, Act 188, P A. 1974 was designed to provide a stimulus in the form of significant tax incentives to industry to renovate and expand aging plants, build new plants and promote establishment of research and development laboratories , and WHEREAS, the enactment of Act 198 was in great measure justified L Vn the grounds that it was required in ordSr fVr citigs and townships in Michigan to compete with those in other states which already afford tax incentives; and WHEREAS, there is mounting evidence that Act 198 is now being principally used by certain selected industries that move within Michigan from one city or township to another; and WHEREAS, Act 198 is creating uneven tax burdens for similar industries, and the principle of uniformity of taxation is violated with each Act 198 approval , and WHEREAS, Michigan residential homeowners should not be required to continue the unwarranted subsidization of those selected industries that receive Act 198 tax exemptions, NOW, THEREFORE BE IT RESOLVED, that the City of Livonia takes this means to urge State Representative Lyn Bankes, State Representative John Bennett and State Senator R Robert Geake to introduce appropriate legislation which repeals Act 198 or amends it so as to prevent the granting of Act 198 tax exemptions to industries that make intra-state transfers from one Michigan municipality to another; and FURTHER, the Livonia City Council urges the governing bodies N! of Michigan to deny Act 198 tax exemptions for industries that seek intra-state transfers 24897 16. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, this 1 ,149th Regular Meeting of the Council of the City of Livonia was adjourned at 9 15 P.M. , March 22, 1989 c Robert F. Nash, City Cl -rk C