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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-01-25 24717 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FORTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 25, 1989, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 01 P.M. Councilman Taylor delivered the invocation. Roll was called with the following result* Present. Fernon P Feenstra, Laura Toy, Robert R. Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin; Absent. None. Elected and appointed officials present: Harry Tatigian, City Attorney, Robert F Nash, City Clerk, Robert D Bennett, Mayor; John Nagy, Planning Director, Raul Galindo, City Engineer, William Crayk, Chief of Police, Karen Szymula, Director immi of Legislative Affairs, Ray Pomerville, Labor Relations Director, Edith Davis, Personnel Director, Suzanne Wisler, Director of Community Resources; John Fegan, Director of Building Inspection, David Preston, Finance Director, Robert Beckley, Director of Public Works and Jeanne Treff, Cable TV Director. On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was #27-89 RESOLVED, that the minutes of the 1 ,144th Regular Meeting of the Council of the City of Livonia, held January 9, 1989 are hereby approved On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #28-89 RESOLVED, that having considered Petition 89-1-3-1 , submitted by T A Strong, 13992 Merriman Road, Livonia, Michigan 48154, dated January 5, 1989, wherein a request is made for the vacating of the North three feet of an existing six foot imm easement located on Lots 259 and 260 of Pearl Wilson Subdivision No. 4, 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 24718 #29-89 RESOLVED, that having considered a letter from Kip M Bonds, 38560 Morningstar, Livonia, Michigan 48152, dated November 23, 1988, with regard to potential oil and gas drilling in Northwest Livonia and having also considered the response thereto from the Mayor, dated January 5, 1989, the Council does hereby determine to take no further action #30-89 RESOLVED, that having considered a letter from the Secretary of the Board of Directors of the Woodbrooke Homeowners Association, dated January 9, 1989, regarding a dispute pertaining to the City' s fence requirement for swimming pools and the building use restrictions applicable to the Windridge Village Subdivision No 3, the Council does hereby refer this item to the Inspection Department and the Law Department for their respective reports and recommendations #31-89 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 16, 1988, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2832 12/88, the Council does hereby authorize Sunset Excavating, 12641 Stark Road, Livonia, Michigan 48150, to add the cost of the repair of the sewer line on Edgewood, west of Ellen Drive, to Contract 88-D under which Sunset Excavating is currently performing work for the City of Livonia for the amount of $8,183 26 for one imi day' s work and $4,145 03 for each additional day required to complete such work, further, the Council does hereby authorize the said item without additional competitive bidding in accordance with provisions set forth in Section 3 04 14OD5 of the Livonia Code of Ordinances, as amended #32-89 RESOLVED, that having considered the report and recommendation of the Mayor, dated January 10, 1989, to which is attached a letter from the Director of Public Works, dated January 3, 1989, wherein the DPW did, on an emergency basis, replace the Civic Park Senior Center boiler, the Council does hereby authorize the said boiler replacement by Great Lakes Power, Inc , 30 W Lantz, Detroit, MI 48203, for the sum of $7,640 00 in the manner and form detailed in the aforesaid communications, 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 #33-89 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 29, 1988, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Allie Brothers, Inc , 20295 Middlebelt Road, Livonia, Michigan, for supplying the Division of Fire with uniforms (190 shirts/190 pants) for the fiscal year 1988/1989 for the unit 24719 prices indicated and for a total estimated price of $9,980,00, the same having been in fact the lowest bid received and meets N�m all specifications #34-89 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated December 27, 1988, approved for submission by the Mayor, the Council does hereby accept the bid of Capital Equipment Inc , 870 Bowers, Birmingham, MI 48009, for enhancement of the City' s IBM System/38 Computer for the fiscal year 1088/1980 for a total sum in the amount of $58,475 00, the same having been in fact the lowest bid received which meets specifications #35-89 RESOLVED, that having considered the report and recommendation of the Mayor, dated December 27, 1988, with regard to Livonia' s 1989 Matching Contribution to the Senior Alliance in the amount of $3,144 00, the Council does hereby authorize the payment of same from Account 101-891-886-110. #36-89 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 14, 1988, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a notice Of a 1988 special assessment fee in the amount of $3,144 42, from the Western Wayne County Mutual Aid for the Hazardous Materials Team and Equipment, the Council does hereby authorize � the payment of this fee from Account 101-336-836.000, #37-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 4, 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 Lex Computer Systems, 34115 W Twelve Mile Road, Farmington Hills, Michigan, for the purchase of a computer printer and accessories for the Division of Police in the total amount of $4,786 00, the same having been in fact the lowest bid received and meets all specifications #38-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 27, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept a portion of the low bid meeting specifications of CMP Distributors, Inc , 22206 W Warren, Detroit, Michigan 48226, for supplying the Division of police with six Sig Sauer P-230 weapons with two clips for the unit price bid of $343 20 and for a total estimated cost of $2,059 20, less trade-in of $1 ,400,00, for a net total amount of $659 20; further, the Council does hereby reject the bid of CMP Distributors, Inc, with regard to the purchase of Sig Sauer P-226 weapons for the reasons indicated in the aforesaid communication , and the Council does & hereby authorize the purchase of 165 Sig Sauer P-226 weapons 24720 ibm with three clips from Sigarms, Inc , 470 Spring Park Place, Unit 900, Herndon, Virginia 22070, for a unit price of $474 78 and for a total estimated price of $78,338 70, and the Council does hereby appropriate and authorize the expenditure of the aforesaid sums from the Adjudicated Drug monies which are in the 1988/1989 budget, further, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #39-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 10, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby concur in and accept the grant award and authorize the Livonia Police Department to be the applicant in behalf of the Southeast Michigan Chiefs of Police Association for the Southeast Michigan Major Drug Conspiracy Investigative Unit, Federal ID 38-6005820 for the funding period which will commence on March 1 , 1989 and end on September 30, 1989 #40-89 RESOLVED, that having considered the report and recommendation of the Director of Building Inspection, dated January 6, 1989, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, pursuant to paragraph 3 of the current contract between the City of Livonia and Pritula & Sons Excavators, which was previously authorized in Council Resolution 337-85, adopted on May 8, 1985, extend for a one (1 ) year period to cover 1989, the Weed Cutting Contract, based upon the same terms and conditions as were previously in effect in 1985, and extended to include 1986, 1987 and 1988 A communication from the Director of Inspection, dated December 13, 1988 re 31800 Plymouth Road, Enterprise Leasing Council Resolution No. 1078-88 - Sale of Used Cars was received and placed on file for the information of the Council #41-89 RESOLVED, that having considered a communication from the Cable Television Commission, dated January 5, 1989, approved by the Director of Community Resources and approved for submission by the Mayor, and which transmits its resolution 119-88, wherein it is recommended that the following addition be made to the Public Access Grant Guidelines "No funds may be used for 24721 salaries, fees, stipends, or any other form of payment to any individual associated with the production," the Council does hereby concur in and approve of such action #42-89 RESOLVED, that having considered a communication from the Cable Television Commission, dated January 11 , 1989, approved by the Director of Community Resources and approved for submission by the Mayor, and which transmits its resolution 122-89 wherein it is recommended that the allocation of public access channels shall be continued as follows Channel Designation 8 City Channel 13 Community Programming 15 Educational Programming K-12 (Shared by Livonia & Clarenceville Schools) 16 Educational Programming, Post-secondary (Shared by Madonna & Schoolcraft College) 23 M-STAR 49 College Cable 50 Working Channel 51 Catholic Television Network and Eternal Word Television Network iim the Council does hereby concur in and approve of such action #43-89 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator), dated December 19, 1988, which is approved for submission by the Mayor, and submitted pursuant to Section 13d (2) of Act 51 , of the Public Acts of Michigan of 1951 , as amended (M S A 9 1097(13) with regard to the transfer of funds for the fiscal year 1988-89 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for Major Street System to be used on the Local Street System, and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #44-89 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) , dated December 19, 1988, which is approved for submission by the Mayor, and submitted pursuant to Section 13d (2) of Act 51 , of the Public Acts of Michigan of 1951 , as amended (M S A 9 1097(13) with regard to the transfer of funds for the fiscal year 1987-88 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the trans''er of a sum up to, but not to exceed $656,600 00 from im. those funds designated for use on the major street system to be used on the local street system, and the City Clerk and Finance 24722 Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #45-89 RESOLVED, that having considered a report from the Engineering Department dated December 20, 1988, and approved for submission by the Mayor, the Council does hereby take this means to advise the Wayne County Department of Public Services (Right-of-way Section) that, as to the interests of the City of Livonia, the City has no objections to vacating the following easement areas as recorded in Liber 6594, Page 259, Wayne County Records: Four easements for drainage purposes across a part of a parcel described as the East 15 acres of the West 1/2 of the Northeast 1/4 of Section 11 , T.1S. ,R.9E. , Livonia Township, Wayne County, Michigan. Easement No. 1 being described as the Northerly 10 ft. of the Southerly 309 62 feet of the Westerly 190 ft. of said Parcel . Easement No. 2 being described as the Northerly 10 ft. of the Westerly 30 ft. of the Southerly 2010 ft. of said Parcel . Easement No. 3 being described as the Easterly 10 ft. of the Westerly 30 ft of the Northerly 205 ft of the Southerly 2000 ft. of said Parcel Easement No. 4 being described as the Northerly 10 ft. of the Southerly 1805 ft of said parcel , except the Westerly 30 ft. thereof. #46-89 RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 1988, which transmits its resolution 11-216-88, adopted on November 22, 1988, with regard to Petition 88-9-3-6, submitted by Anthony Vettraino of Steve Petix Beverly Hills, requesting the vacating of a 20 foot wide public alley located south of Grand River Avenue between Antago and Rensellor in the Northeast 1/4 of Section 1 , the Council does hereby concur in the recommendation of the City Planning Commission and deny Petition 88-9-3-6 for the same reasons as those set forth in the aforesaid action of the Planning Commission. #47-89 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1988, which transmits its resolution 11-218-88, adopted on November 22, 1988, with regard to Petition 88-10-3-11 , submitted by the City Planning Commission in its own motion requesting the vacating of a portion of Schoolcraft Road between Eckles and 1-96 in the Southwest 1/4 of Section 19, the Council does hereby concur in the recommendation of the City Planning Commission and does hereby grant and approve said Petition 88-10-3-11 , subject to 24723 the retention of a full width easement for public utilities, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #48-89 WHEREAS, the City Council intends to authorize the issuance and sale of Special Assessment Limited Tax Bonds, pursuant to Act No 279, Public Acts of Michigan, 1909, as amended, in the principal amount of not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000) , for the purpose of defraying various Special Assessment Districts' share of the cost of constructing paving improvements, within the City, and WHEREAS, a Notice of Intent to Issue Bonds must be published at least forty-five (45) days before the issuance of the bonds in order to comply with the requirements of Section 5(g) of Act No 279, Public Acts of Michigan, 1909, as amended, NOW, THEREFORE, BE IT RESOLVED THAT• 1 The City Clerk is hereby authorized and directed to publish a Notice of Intent to Issue Bonds in the Observer-Eccentric, a newspaper of general circulation in the City, as a display advertisement at least one-quarter (1/4) page in size 2 The Notice of Intent so published shall be in substantially the following form NOTICE TO ELECTORS OF THE CITY OF LIVONIA OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER OF THE CITY AND RIGHT OF REFERENDUM RELATING THERETO PLEASE TAKE NOTICE that the City Council of the City of Livonia, County of Wayne, Michigan, intends to issue special assessment bonds of the City in the total principal amount of not to exceed $3 ,500,000 for the purpose of defraying various Special Assessment Districts' share of the cost of paving improvements in said special assessment districts in the City. The special assessment bonds shall mature serially in not to exceed twenty ( 20) annual installments, with interest payable on the unpaid balance at a rate of not to exceed 10% per annum, or such higher rate of interest as may be authorized by law. SOURCE OF PAYMENT OF SPECIAL ASSESSMENT BONDS The principal and interest on the special assessment bonds shall be payable primarily from collections of an equal amount of special assessments and the bonds shall also pledge the full faith and credit of the City of Livonia. 24724 IN CASE OF THE INSUFFICIENCY OF THE SPECIAL thies ASSESSMENTS, THE PRINCIPAL AND INTEREST ON THE BONDS SHALL BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY OR, IF NECESSARY, FROM AD VALOREM TAXES LEVIED UPON ALL TAXABLE PROPERTY IN THE CITY, SUBJECT TO APPLICABLE CHARTER, STATUTORY AND CONSTITUTIONAL LIMITATIONS. RIGHT OF REFERENDUM THE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS IN THE CITY, IS FILED WITH THE CITY COUNCIL BY DEPOSITING SAID PETITION WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. If such a petition is filed, the bonds cannot be issued without an approving vote of a majority of electors voting on the question. THIS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended. ADDITIONAL INFORMATION concerning the matters set out in this notice may be secured from the City Clerk' s office. City Clerk 3 The City Council determines that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is adequate notice to the electors of the City and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bond issue, the security for the bonds, and the right of referendum of the electors with respect thereto under all of the circumstances, as required by law 4 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. #49-89 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to authorize the issuance and sale of Special Assessment Limited Tax Bonds, pursuant to Act 279, Public Acts of Michigan, 1909, as amended, in an amount of not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000) , for the purpose of defraying part of the cost of acquiring and constructing paving improvements in certain special assessment districts in the City, and 24725 WHEREAS, prior to issuance of bonds the City must either receive prior approval of the bonds from the Michigan Department of Treasury or be exempt from prior approval as provided in Chapter III , Section II of Act 202, Public Acts of Michigan, 1943, as amended, and WHEREAS, in order to be exempt from prior approval , the City must notify the Department of Treasury of its intent to issue the bonds and must agree to pay the filing fees required by the aforesaid act NOW, THEREFORE, BE IT RESOLVED THAT 1 The Finance Director is authorized to notify the Department of Treasury of the City' s intent to issue the bonds described in the preamble to this resolution and request an order providing an exception for the bonds from prior approval by the Department of Treasury. 2. The City agrees to pay to the state the filing fees prescribed by law in connection with the issuance of an obligation with respect to the bonds described in the preamble to this resolution top3 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded A communication from the City Attorney, dated January 10, 1989 re 3 5 acres, west side of Newburgh, north of Pembroke Council Resolution 855-88 was received and place on file for the information of the Council #50-89 RESOLVED, that the Council does hereby request that the Mayor and the City Engineer submit their respective reports and recommendations on the status of the comprehensive traffic study which was authorized to be prepared in Council Resolution 409-88, adopted on May 4, 1988, by the consulting firm of Goodell-Grivas, Inc , 17320 West Eight Mile Road, Southfield, Michigan 48075 #51-89 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584) , as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, March 1 , 1989, at 8 00 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 24727 Lieutenants and Sergeants Association for the period December im. 1 , 1988 through November 30, 1991 , further, the Council does hereby determine to approve the necessary amendments to the Retirement Plan Ordinance, the Compensation Plan and changes in certain benefits as required to effectuate this agreement, and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia, and to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #53-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1989, and submitted pursuant to Council Resolution 893-88, in connection with the subject of the rezoning of both sides of Seven Mile Road, East of Shadyside, in the Southwest 1/4 of Section 3, the Council does hereby determine to take no further action On a motion by Councilman Ochala, seconded by Councilman Taylor, 10 it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1989, and submitted pursuant to Council Resolution 1014-88, in connection with a communication from the City Planning Commission, dated September 2, 1988, which sets forth its resolution 8-140-88, adopted on August 16, 1988, with regard to Petition 88-7-1-19, submitted by SEM M Co , for a change of zoning on property located on the north side of Seven Mile Road, east of Shadyside in the Southwest 1/4 of Section 3, from R-3A and R-7 to C-1 , and the Council having conducted a public hearing with regard to this matter on October 12, 1988, pursuant to Council Resolution 891-88, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-7-1-19 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala and McCotter NAYS Jurcisin, Toy, Bishop and Feenstra The President declared the resolution denied 24726 iwo (1 ) Petition 88-11-1-34, submitted by Livonia 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 , the City Planning Commission in its resolution 12-231-88 having recommended to the City Council that Petition 88-11-1-34 be approved, and (2) Petition 88-11-1-36, submitted by the City Planning Commission for a change of zoning on property located on the south side of Schoolcraft Road, east of Farmington Road in the Northwest 1/4 of Section 27 from C-2 to R E , the City Planning Commission in its resolution 12-233-88 having recommended to the City Council that Petition 88-11-1-36 be approved FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or 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 Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 152-89 RESOLVED, that having considered a communication from the Personnel Director and the Director of Labor Relations, dated January 17, 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on January 12, 1989, and also having considered the report and recommendation of the Committee of the Whole, dated January 9, 1989, the Council does hereby approve a proposed three year contract to be entered into by and between the City of Livonia and the Livonia Police _ _ 24728 � On a motion by Councilman Ochala, seconded by Councilwoman McCotter, �—_ it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1989, and submitted pursuant to Council Resolution 1014-88, in connection with a communication from the City Planning Commission, dated September 2, 1988, which sets forth its resolution 8-140-88, adopted on August 16, 1988, with regard to Petition 88-7-1-19, submitted by S.E M,M Co , for a change Of zoning on property located on the north side of Seven Mile Road, east of Shadyside in the Southwest 1/4 of Section 3, from R-3A and R-7 to C-1 , and the Council having conducted a public hearing with regard to this matter on October 12, 1988, pursuant to Council Resolution 891-88, the Council does hereby refer this item back to the Committee of the Whole for its report and recommendation On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was RESOLVED, that the Council does hereby determine, in L lieu Vf the f0regDing rSsqlution, t0 5ubStitute the fVll0wing RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1989, and submitted pursuant to Council Resolution 1014-88, in connection with a communication from the City Planning Commission, dated September 2, 1988, which sets forth its resolution 8-140-88, adopted on August 16, 1988, with regard to Petition 88-7-1-19, submitted by SEMM Co' , for a change of zoning on property located on the north side of Seven Mile Road, east of Shadyside in the Southwest 1/4 of Section 3, from R-3A and R-7 to C-1 , and the Council having conducted a public hearing with regard to this matter on October 12, 1988, pursuant to Council Resolution 891-88, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 88-7-1-19 is hereby approved and granted with respect to the land located west of the existing road (Mayfield as extended) and the balance of the property which is the subject of this petition is hereby referred to the Committee of the Whole for its report and recommendation , and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt Of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543. as amended, in accordance k with this resolution �� 24729 L-- A roll call vote was taken on the motion to substitute with the following result AYES Jurcisin, Toy, Bishop, Feenstra . NAYS Taylor, Ochala and McCotter The President declared the resolution to substitute adopted. On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #54-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1089, and submitted pursuant to Council Resolution 1014-88" in connection with a communication from the City Planning Commission, dated September 2, 1988, which sets forth its resolution 8-140-88, adopted on August 16" 1988, with regard to Petition 88-7-1-79° submitted by S.E M.M Co , for a change of zoning on property located on the north side of Seven Mile Road, east of Shadyside in the Southwest 1/4 of Section 3, from R-3A and R-7 to C-1 , and the Council having conducted a public rehearing with regard to this matter on October 12, 1988, pursuant ��. -~ ~ to Council Resolution 891-88, the Council does hgrehv 'ect � the recommendation of the Planning Commission and the said Petition 88-7-1-19 is hereby approved and granted with respect to the land located west of the existing road (Mayfield as extended) and the balance of the property which is the subject Of this petition is hereby referred to the Committee of the Whole for its report and recommendation, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt Of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the substitute resolution with the following result AYES Jurcisin, Toy, Bishop and Feenstra NAYS Taylor, Ochala and McCotter The President declared the substitute resolution adopted 24730 limeOn a motion by Councilman Taylor, seconded by Councilman Bishop, it was #55-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1989, and submitted pursuant to Council Resolution 1110-88, in connection with a communication from the City Planning Commission, dated July 22, 1988, which sets forth its resolution 7-116-88° adopted on July 12, 1988, with regard to Petition 88-6-1-17, submitted by McBell Management for a change of zoning on property located on the south side of Plymouth Road between Newburgh Road and Jarvis Avenue in the Southeast 1/4 of Section 30, from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on September 28, 1988, pursuant to Council Resolution 751-88, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 88-8-1-17 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upOn receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution L A roll Call Yote wOS takSn on the fnregViDg resolutiOn with the fol70wiMg resUlt AYES Taylor, Jurcisin , Toy, Bishop, McCotter and Feenstra . NAYS Ochala The President declared the resolution adopted On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was #56-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1989, the Council does hereby request that the City Planning Department submit its report and recommendation on the mix of residential (single and multiple) housing in the City On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was 24731 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1989, and submitted pursuant to Council Resolution 1122-88, in connection with the report and recommendation of the Planning Director and the Finance Director, dated October 21 , 1988, approved for submission by the Mayor, and to which is attached a proposed lease agreement between the City of Livonia and Detroit Cellular Telephone Company, wherein the Detroit Cellular Telephone Company would lease a portion of land within the City of Livonia landfill area as shown on the attached site plan, the Council does hereby request and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, except that the rental rate shall be increased to $7,200 per year, as well as to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala and Jurcisin NAYS Toy, Bishop, McCotter and Feenstra The President declared the resolution denied On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was 157-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1989, and submitted pursuant to Council Resolution 1122-88, in connection with the report and recommendation of the Planning Director and the Finance Director, dated October 21 , 1988, approved for submission by the Mayor, and to which is attached a proposed lease agreement between the City of Livonia and Detroit Cellular Telephone Company, wherein the Detroit Cellular Telephone Company would lease a portion of land within the City of Livonia landfill area as shown on the attached site plan, the Council does hereby reject and deny approval of the said agreement A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, McCotter and Feenstra NAYS Taylor, Ochala and Jurcisin The President declared the resolution adopted 24732 On a motion by Councilman Jurcisin , seconded by Councilman Ochala, and unanimously adopted, it was #58-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 18, 1989, and submitted pursuant to Council Resolution 869-88, in connection with the question of the apportionment of costs of sidewalk installation, the Council does hereby refer this item with respect to the sidewalks being installed on school property to the Livonia City Council/Schools Liaison Committee and the Streets, Roads and Plats Committee for their respective reports and recommendations Councilman Taylor gave first reading to the following Ordinance• AN ORDINANCE AMENDING SECTIONS 170 AND 180 OF CHAPTER 08 (ELECTION PRECINCTS) OF TITLE 1 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 ibm herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council Councilwoman McCotter gave first reading to the following Ordinance• AN ORDINANCE AMENDING SECTION 060 OF CHAPTER 04 (BUILDING CODES) OF TITLE 15 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 of the Council Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTIONS 7 AND 8 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, 24733 AS AMENDED, KNOWN AND CITED AS THE "CITY � OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3 THERETO (Shenkman) 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 Councilman Jurcisin , seconded by Councilwoman Toy, it was #59-89 RESOLVED, that having considered a communication from the Livonia Korean Church of Seventh-Day Adventists, dated January 16, 1989, the Council does hereby amend and revise Council Resolution 614-87, adopted on July 1 , 1987, so as to provide that with respect to the assessments of the Livonia Korean Church of Seventh-Day Adventists, the roll shall be divided into fifteen (15) equal annual installments, and the balance of Council Resolution 614-87 shall remain in full force and effect imw A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra NAYS McCotter The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #60-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated December 7, 1988° approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Westland Tree Service, 41307 Five Mile Road, Plymouth, Michigan 48170, for completing all work required in the City's 1989 Tree and Stump Removal Program for the estimated total cost of $14,350 00" based upon the Public Service Division's estimate of units involved, and subject to a final payment based upon the actual units m. completed in accordance with the unit prices accepted herein, � said estimated cost and unit prices having been in fact 24734 the lowest bid received for this item, and the Director � of Public Works is hereby authorized to approve minor adjustments in the work as necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was 161-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Director of Community Resources, dated December 19, 1988" approved by the Director of Finance and approved for Submission by the Mayor, the Council does hereby authorize Unistrut Detroit Service Company, 4045 Second Street, Wayne, Michigan 48184, to construct a Cable Television Control Room for the City Hall Auditorium for the price of $3,090.00" the same to be appropriated and expended from Account 297-751-882 010 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 imiOf the Livonia Code of Ordinances , as amended On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was 162-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Director of Community Resources, dated December 19, 1988, approved by the Director of Finance and approved for submission by the Mayor, and which transmits quotes received for the award of a contract for the construction of a cable television control room for the City Hall auditorium, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation, particularly with regard to aesthetics and type of permanent enclosure being proposed A roll call vote was taken on the foregoing resolution with the following result AYES' Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra NAYS McCotter The President declared the resolution adopted 24735 LitwasOn a m0tiOn bv CUuncilwoman Toy, seconded bv CVuncilmun Bish0p, 1t was #63-89 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated December 15, 1988, approved for submission by the Mayor, and to which is attached the annual membership notice from the Southeast Michigan Council of Governments for the calendar year commencing January 1 , 1989, in the amount of $9,510'00, the Council does hereby authorize the payment of same in the manner and form herein recommended A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was � #64-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 20, 1988, and the report and recommendation of the Chief of Police dated December 19, 1988, in connection therewith, regarding a request from Bonnie Sitto for transfer of a 1988 SDM licensed business from Juanita A Arnold for a business located at 29211 Five Mile Road, Livonia, Michigan 48154, Wayne County, 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 Taylor, and unanimously adopted, it was #65-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 7, 1988, and the report and recommendation of the Chief of Police dated January 5, 1989, in connection therewith, regarding a request from Sami Al-Karawi for transfer of a 1988 SDD-SDM licensed business from Bai-Lynn Party Store, Inc for a business located at 13950 Merriman, Livonia, Michigan 48154, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Councilman Ochala left the podium at 8 36 P M to "avoid the possible appearance of a conflict of interest " 24736 On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, it was #66-89 RESOLVED, that having considered a communication from the City Assessor, dated December 28, 1988, approved for submission by the Mayor, with regard to a request from Mr. Raymond C. Hurley, 32511 Norfolk, Livonia, Michigan 48152, who is representing Mrs Elizabeth Glacken, 20203 Hubbard, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No 543, as amended, the Livonia Zoning Ordinance, the Council does hereby approve of the proposed division of Tax Item No 46 010 02 0001 000 into two parcels, the legal descriptions of which shall read as follows: PARCEL I A parcel of land being part of Lot 1 , Imonen Subdivision of part of the Northwest 1/4 of Section 3, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as Beginning at the Southeast corner of Lot 1 , Imonen Subdivision, thence S 89"58' 30" W 132 8 feet along the South line of Lot 1 , and the North line of Norfolk Ave , thence N 0"04' 30" W 107 0 feet to a point on the North line of Lot 1 , thence N 89°58' 30" E 132 80 feet to the Northeast corner of Lot 1 , thence S 0"04' 30'/ E. 107 0 along W the East line of Lot 1 , and the Westerly line of Hubbard Road to the Point of Beginning PARCEL II A parcel of land being part of Lot 1 , Imonen Subdivision of part of the Northwest 1/4 of Section 3, T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan , described as Commencing at the Southeast corner of Lot 1 , Imonen Subdivision , thence S 89"58' 30" W. 132 8 feet along the North line of Norfolk Ave to the Point of Beginning, thence continuing S. 89"58' 30" W 120 feet to the Southwest corner Of Lot 1 , thence N 0"04' 30" W 107 0 feet to the Northwest corner of Lot 1 , thence N 89°58' 30" E 120 00 feet along the North line of Lot 1 , thence S 00°04' 30" E. 107,00 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 24737 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 Taylor, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted Councilman Ochala returned to the podium at 8 39 P M On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #67-89 RESOLVED, that having considered a communication from the City Assessor, dated December 21 , 1988, approved for submission by the Mayor, with regard to a request from Mr Theodore F Wisuri , 19625 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 No 543, as amended, the Livonia Zoning Ordinance, the Council does hereby approve of the proposed division of Tax Item No 46 007 99 0014 001 into two parcels, the legal descriptions of which shall read as follows PARCEL 1 The North 1/2 of the North 176 feet of the South 1848 feet of the West 243 50 feet of the Southwest 1/4 of Section 2, Town 1 South, Range 9 East, except the West 60 feet thereof, City of Livonia, Wayne County, Michigan, also described as The North 88 feet of the South 1848 feet of the West 243 50 feet of the Southwest 1/4 of Section 2, Town 1 South, Range 9 East, except the West 60 feet thereof, City of Livonia, Wayne County, Michigan PARCEL II The South 1/2 of the North 176 feet of the South 1848 feet of the West 243 50 feet of the Southwest 1/4 of Section 2, Town 1 South, Range 9 East, except the West 60 feet thereof, City of Livonia, Wayne County, Michigan, also described as The North 88 feet of the South 1760 feet of the West 243 50 feet of the Southwest 1/4 of Section 2, Town 1 South, Range 9 East, except the West 60 feet ( thereof, City of Livonia, Wayne County, Michigan 24738 as shown on the map attached to the aforesaid communication QL- 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 On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, it was 168-89 RESOLVED, that having considered a communication from the City Assessor, dated October 10, 1988, approved for submission by the Mayor, with regard to a request from Mr Billy Rooker, 17391 Louise, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No 543, as amended, the Livonia Zoning Ordinance, the Council does hereby approve of the proposed division and combination of Tax Item Nos 044 99 0021 000 and 044 99 0022 001 into four parcels , the legal descriptions of which shall read as follows ORIGINAL PARCEL Part of the Southeast 1/4 of Section 11 , Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan described as Beginning South 89 degrees 58 minutes 03 seconds East 1296.35 feet and North 0 degrees 25 minutes West 992.84 feet from the South 1/4 corner of Section 11 , thence South 89 degrees 58 minutes 25 seconds West 275 feet, thence North 0 degrees 25 minutes West 205 feet, thence North 89 degrees 51 minutes 12 seconds East 275 feet, thence South 0 degrees 25 minutes East 205 58 feet to the point of beginning PARCEL A The West 66 feet of the above parcel of land PARCEL B The East 66 feet of the West 132 feet of the above parcel of land PARCEL C The West 66 feet of the East 143 feet of the above parcel of land � PARCEL D � ��~ The East 77 feet of the above parcel of land 24739 � 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 A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra NAYS' McCotter The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1988, which transmits its resolution 12-229-88, adopted on December 6, 1988, in connection with Petition 88-11-8-31 , submitted by Bruce H Yuille for Detroit Cellular Telephone requesting site plan approval for Detroit Cellular Monopole Antenna � and Cellular Cell site at one of two alternate locations south of Eight Mile and east of Farmington Road in Section 3, pursuant to the provisions set forth in Section 18 47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 88-11-8-31 is hereby approved and granted, such approval to be based upon the same condition as that set forth in the aforesaid recommendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES^ Jurcisin and Toy NAYS Taylor, Ochala, Bishop, McCotter and Feenstra The President declared the resolution denied On a motion by Councilman Ochala, seconded by Councilman Taylor it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1988, which transmits its resolution 12-229-88, adopted on December 6, 1988, in connection with Petition 88-11-8-31 , submitted 24740 by Bruce H Yuille for Detroit Cellular Telephone requesting low site plan approval for Detroit Cellular Monopole Antenna and Cellular Cell site at one of two alternate locations south of Eight Mile and east of Farmington Road in Section 3, pursuant to the provisions set forth in Section 18 47 of Ordinance 543, as amended, the Council does hereby reject the recommendation of the Planning Commission and Petition 88-11-8-31 is hereby denied for the following reasons 1 The petitioner has failed to affirmatively show that the proposed use is in compliance with the general standards set forth in Section 19 06 of Zoning Ordinance 543 2 The proposed site plan provides a site layout which would be incompatible to and detrimental to surrounding uses in the area 3 The proposed site plan provides for the location of a facility which is similar to a cellular antenna which already exists in the general area On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, it was #69-89 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1988, which transmits its resolution 12-229-88, adopted on December 6, 1988, in connection with Petition 88-11-8-31 , submitted by Bruce H Yuille for Detroit Cellular Telephone requesting site plan approval for Detroit Cellular Monopole Antenna and Cellular Cell site at one of two alternate locations south of Eight Mile and east of Farmington Road in Section 3, pursuant to the provisions set forth in Section 18 47 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 resolution to refer with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None The President declared the resolution to refer adopted On a motion by Councilman Taylor, seconded by Councilman Jurcisin, �... and unanimously adopted, it was 24741 #70-89 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 27, 1988 on all matters required by Sections 3 08 060 and 3 08. 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 11 , 1989, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08'080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of one colonial post top street light with underground wiring in the Shrewsbury Court cul-de-sac in the Hidden Pines Subdivision in the Northeast 1/4 of Section 10, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated Q October 27, 1988, (4) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited as set forth in Plan B, (5) determine that assessments made for such improvement shall be paid in annual installments, according to said statement, as set forth in Plan B, (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 E 1/4 of Section 10, T l 3 , R 9 E , City of Livonia, Wayne County, Michigan described as containing the following described as containing the property shown on the special Assessment Plan and the Special Assessment Roll (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council ' s determination on said statements as prepared by the City Engineer dated October 27, 1988, as set | forth in Plan B, and 24742 (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 as required by Section 3 08.110 of the said Code. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was 171-89 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 952-88, adopted on September 28, 1988, which resolution previously approved Necessity for a street improvement consisting of a 28 ft wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) on Northland, St Martins and Bethany in the Southeast 1/4 of Section 6 A roll call vote was taken on the foregoing resolution with the following result L8YES Taylor° Uchala, JurCiSin, Toy* Bishop and McCottSr NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 27, 1988 on all matters required by Sections 3 08,060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 14, 1988, after due notice as required by Section 3.08,870 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08-080 of said Code (1 ) accept and approve said statement in all respects , (2) determine to make the road improvement consisting Vf placing approximately 4" of asphalt over the ! existing roadway (Alternate IV) on Northland, 24744 sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances , as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council , prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute the following motion RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 27, 1988 on all matters required by Sections 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 14, 1988, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 28 ft wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) on Northland and St Martins and the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) on Bethany in the Southeast 1/4 of Section 6, T 1S , R 9E , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, provided, however, the Council does hereby remove from this district the property owned by Dominic and Michael Soave, - - 24743 St Martins and Bethany in the Southeast 1/4 of Section 6, T.1S. , R.9E , City of Livonia, Wayne LCountv, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived Or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated July 27, 1988; (4) determine that the estimated cost of such improvement is t123,663 76, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($16,224 56) , 100% of drainage /$11 ,500 00) and 100% of right-of-way costs /$4,000'00\ and that the balance of said � cost and expense of said public improvement amounting to 85% of paving ,939 20) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the S E 1/4 of Section 6, T l S , R 9 E , City of Livonia, Wayne County, Michigan described as containing the property shown on the proposed Special Assessment Roll and map (9) direct the City Assessor to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole 24745 ims (3) approve the plans and specifications for said improvement as set forth in said statement dated July 27, 1988, (4) determine that the estimated cost of such improvement is $423,042 35, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($46,033 85) , 100% of drainage ($116,150 00) and 0% of right-of-way costs (0 00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($260,858 50) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the S E 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan described as containing the property shown on the proposed Special Assessment Roll and map (9) direct the City Assessor to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the No determination of the City Council , and 24746 City Assessor L /lO\ that up0n c�mpleti�O of S�id r�ll th�` ' shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council , prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code A roll call vote was taken on the motion to substitute with the following result AYES Taylor, Ochala, Jurcisin and Feenstra NAYS Toy, Bishop and McCotter. The President declared the resolution to substitute adopted. On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was 172-89 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 27, 1988 on all matters � required by Sections 3.08 060 of the Livonia Code of --' Ordinances, as amended, and a first public hearing having been held thereon on September 14, 1988, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08,080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 28 ft wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) on Northland and St Martins and the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) on Bethany in the Southeast 1/4 of Section 6, T 1S. , R 9E , City of Livonia, Wayne County, Michigan , as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, provided, however, the Council does hereby remove from this district the property owned by Dominic and Michael Soave, 24747 (3) approve the plans and specifications for said � improvement as set forth in said statement dated July 27, 1988, (4) determine that the estimated cost of such improvement is $423,042 35, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City Shall be 15% of paving /$46,033 85) , 100% of drainage /$116,150 00\ and 0% of right-of-way costs (0 00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving /$280,858 50) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten annual i��stnllments together � /` ' � lO\ with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the S E 1/4 of Section 6, T l 3 , R 9 E , City of Livonia, Wayne County, Michigan described as containing the property shown on the proposed Special Assessment Roll and map (9) direct the City Assessor to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and 24748 (10) that upon completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council , prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code A roll call vote was taken on the substitute resolution with the following result AYES Taylor, Ochala, Jurcisin and Feenstra NAYS Toy, Bishop and McCotter. The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was #73-89 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 318 for proposed road and water main extensions on Munger, east of Merriman located in the Northwest 1/4 of Section 14, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on January 11 , 1989 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 318, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated November 7, 1988 in the amount of $49,243.78, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , 24749 imm (2) Said Special Assessment Roll No. 318 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten /10\ equal annual installments with interest at the rate of eight (8%) per annum on the unpaid balance of the assessment from December 1 , 1989 Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars /$10,001 the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1 , 1990 and subsequent installments on December 1st of succeeding years (4) Pursuant to the provisions of Section 3 08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 88.790 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1 , 1989, (5) The first installment shall be spread upon the 1090 City tax roll in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1989, and thereafter one (7 ) installment shall be spread upon each annual tax roll together with one (1 ) years interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3° Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of L. the sixty (60) day period as provided by Section 24750 3 08 220 then there shall be spread upon the tax � roll for such year only the interest for all unpaid installments , and (6) The City Council having determined to pay no portion of the cost of said improvement within the said district, the City' s share of the cost of said improvement shall be in the sum of zero dollars ($00 00) A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Bishop, McCotter and Feenstra. NAYS Taylor and Toy The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #74-89 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 319 for a proposed street improvement consisting 0 of placing approximately 4'/ of asphalt over the existing roadway, approximately 20' - 22' wide (Alternate IV) on Harrison, south of Six Mile Road located in the North 1/2 of Section 13, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on January 11 , 1989 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 319, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated November 7, 1988 in the amount of $48,885 88, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , 24751 � (2) Said Special Assessment Roll No. 319 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten /10\ equal annual installments with interest at the rate of eight (8%) per annum on the unpaid balance of the assessment from December 1 , 1989. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible The first installment shall be due and payable December 1 , 1990 and subsequent installments on December 1st of succeeding years (4) Pursuant to the provisions of Section 3 08' 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of � confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08'190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1 , 1989, (5) The first installment shall be spread upon the 1990 City tax roll in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1989, and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) years interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances , as amended, either within the sixty (60) day period as provided by Section 3 08'200, or after the expiration of the sixty (60) day period as provided by Section 24752 L3 D8 22O then thgre 5hall be spread upoD the tdx rVll fnr Such year only the interest fVr all unpaid installments , and (6) The City Council does hereby determine to pay 15% of the paving costs (6,297 88) , and 100% of drainage costs ($6,900 00) for a total amount of $13,197 88 On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, it was RESOLVED, that having considered a communication from the City Planning Commission, dated October 28, 1988, which sets forth its resolution 10-198-88, adopted on October 18, 1988, with regard to Petition 88-7-1-21 , submitted by Franklin Laucomer for Esar Bachman and B. J. Wright for a change of zoning on property located on the south side of Eight Mile Road between Farmington Road and Shadyside Avenue in the Northwest 1/4 of Section 3, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on January 11 , 1989, pursuant to Council Resolution 1705-88, 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 Toy and McCotter NAYS Taylor, Ochala, Jurcisin, Bishop and Feenstra The President declared the resolution denied On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was #75-89 RESOLVED, that having considered a communication from the City Planning Commission, dated October 28, 1988, which sets forth its resolution 10-198-88, adopted on October 18, 1988, with regard to Petition 88-7-1-21 , submitted by Franklin Laucomer for Esar Bachman and B J Wright for a change of zoning on property located on the south side of Eight Mile Road between Farmington Road and Shadyside Avenue in the Northwest 1/4 of Section 3, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on January 11 , 1989, pursuant to Council � Resolution 1105-88, the Council does hereby reject the N�� - ' 24753 recommendation of the Planning Commission and the said � Petition 88-7-1-21 is hereby denied for the following reasons Nm� 1 That the proposed change of zoning is in conflict with the Future Land Use Plan which designates the subject area for industrial land use 2 That the proposed change of zoning will provide for additional commercial zoning which is already prevalent in the general area 3 That the proposed change of zoning would invite similar requests for zoning further east along Eight Mile Road. 4 That the current zoning and use of the subject property represents a portion of the industrial tax base that would be lost if the zoning is changed as requested A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Bishop and Feenstra NAYS Toy and McCotter N-- The President declared the resolution aduptRd. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, it was #76-89 RESOLVED, that the Council does hereby request that the Committee of the Whole submit its report and recommendation with regard to the alleged violation of the building code and/0r zoning ordinance on certain property located on the s. side of Eight Mile Road between Farmington Road and Shadyside in the Northwest 1/4 of Section 3 A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman McCotter, 24754 � 177-89 RESOLVED, that having considered a communication from the City Planning Commission, dated October 27 , 1988, which sets forth its resolution 10-186-88 adopted on October 18, 1988, with regard to 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 the Council having conducted a public hearing with regard to this matter on January 11 , 1989, pursuant to Council Resolution 1105-08, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-9-1-23 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upOn receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra --' The President declared the resolution adopted • On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was 178-89 RESOLVED, that having considered a communication from the City Planning Commission, dated October 27, 1988, which sets forth its resolution 10-188-88 adopted on October 18, 1988, with regard to 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 the Council having conducted a public hearing with regard to this matter on January 11 , 1989, pursuant to Council Resolution 1105-88, 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 Taylor, Jurcisin , Toy, Bishop, McCotter and Feenstra NAYS Ochala The President declared the resolution adopted 24755 LIN On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #79-89 RESOLVED, that having considered a communication from the City Planning Commission, dated November 15, 1988, which sets forth its resolution 11-205-88 adopted on November 1 , 1988, with regard to Petition 88-9-2-46, submitted by Archie' s Restaurant requesting waiver use approval to utilize a Class C Liquor License in connection with a proposed banquet hall addition to an existing restaurant located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northwest 1/4 of Section 35, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on January 16, 1989, pursuant to Council Resolution 1104-88, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 88-9-2-46 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, Land uMani0OVS]y adnpted, it Was #80-89 RESOLVED, that having considered a communication dated January 9, 1989, from the Department of Law transmitting for Council acceptance two (2) Grants of Easement, more particularly described as (1 ) Grant of Easement dated September 21 , 1988, executed by Kirco Livonia Tech Limited Partnership, a Michigan Limited Partnership, by AMK Associates Limited Partnership, a Michigan Limited Partnership, by Alan M Kiriluk, General Partner, fore The centerline of a 30' wide storm sewer easement is described as beginning at a point distant S 89v58'59" E. , 658 07 feet and N. 00020' 35" W 2228 03 feet from the S. 1/4 Corner of Section 26, T lG , R 9E. , City of Livonia, Wayne County, Michigan and proceeding thence N 53^51 '21" E , 19'00 feet, thence N 72^38' 5G" E , 146 00 feet, thence N 00"20' 35o W , 295 00 feet, thence N 89"46' 38» E , 369 10 feet to a point of ending 24756 (2) Grant of Easement dated May 27, 1988, executed 110 by Ford Motor Company, by J. M. Rintamaki , Assistant Secretary, for Part of the S E 1/4 of Section 26, T 1S , R 9E , City of Livonia, Wayne County, Michigan being more particularly described as follows The centerline of a 30 foot wide storm sewer easement described as being at a point distant S 89°58'59" E , 1165 97 feet and N. 00°01 '01" E. , 2579 40 feet from the S 1/4 corner of Section 26, T 1S. , R.9E , and proceeding thence N 89°46'38" E , 135.00 feet to a point of ending. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #81-89 RESOLVED, that having considered a communication from the Chief of Police, dated January 9, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, which sets forth the names of contributors who have made cash donations in the amount of $2,000.00 for use in the D A.R.E Program, the Council does for and on behalf of the City of Livonia, accept the said donations, further, the Council does hereby increase Account No 702-000-285-211 in a like amount so as to reflect the action taken herein On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #82-89 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 10, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of a new 9' pool table to the Senior Citizen program from the Livonia Anniversary Committee (Spree Committee) 24757 On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #83~89 RESOLVED, that having considered a communication from the City Librarian, dated January 10, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the gift of a Califone Record Player (which Cost $549.00) , presented by the Livonia Spree Committee for use by the Library staff in providing programs for children and adults at the Library On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #84~89 RESOLVED, that having considered a communication from the City Librarian, dated January 11 , 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the gift of a commemorative flag which flew over the Independence Hall in 1987 from the Livonia Post 3941 VFW, which flag will be on display in the conference 11. room on the third floor of the Civic Center Library. On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #85-89 RESOLVED, that having considered a letter from the Friends of the Library, dated January 19, 1989, requesting permission to install a temporary 11 " x 17" sign on Five Mile and one on Farmington Road and two more direction signs at the Civic Center Library during a book sale to be conducted on February 4, 1989, from 9 00 A.M. to 5 00 P M , and on February 5, 1989 from 1 00 to 5 00 P M. , the Council does hereby grant and approve this request in the manner and form herein submitted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #86-89 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 24758 On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #87-89 WHEREAS, the Livonia Family YMCA will be celebrating its 20th anniversary, 20 years of serving the community and offering the children of the community a wholesome, athletic atmosphere in which to grow and develop; and WHEREAS, the Livonia Family "Y" is planning its annual "Invest in Youth Campaign" , and WHEREAS, it is desirable that the City become more aware of the ''Y' 3'/ contributions to the community; and WHEREAS, the "Invest in YOuth'/ campaign further enables the "Yw to provide * Membership to anyone regardless of financial ability to pay, * Handicapped programs for approximately 100 youngsters, * Resident camp experience for more than 40 youngsters for time away from lb• a family in crisi5, * Operation Water Safety program through the Livonia Public Schools for all ^ 4th graders, and * After school program for 200 youngsters in the Livonia area, NOW, THEREFORE, BE IT RESOLVED that the Livonia City Council joins Robert D Bennett, Mayor of the City of Livonia, in designating the week of February 6 - 12, 1989 as "Invest in Youth Week" and in wholeheartedly endorsing this program. On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was #88-89 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 1988, which sets forth its resolution 11-203-88, adopted on November 1 , 1988, with regard to Petition 88-9-1-26, submitted by the City Planning Commission for a change of zoning on property located on the west side of Inkster, north of Joy 24759 Road in the Southeast 1/4 of Section 36, from QUF to R-9, L and thS Council haVing coDdVcted a pVblic hGaring with regard to this matter on January 23, 1989, pursuant to Council Resolution 1147-88, 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 Taylor, Ochala, Bishop and McCotter NAYS Jurcisin, Toy and Feenstra. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #89-89 RESOLVED, that the Council does hereby request that the Inspection Department submit its report and recommendation concerning complaints received regarding the unlawful sale Of antiques and yard items as well as the parking of garbage trucks in the area of Inkster and Joy Roads lor. On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, it was . RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 1988, which sets forth its resolution 11-207-80, adopted on November 1 , 1988, with regard to Petition 88-9-1-27, submitted by Jerry Gottlieb for a change of zoning on property located on the north side of Joy Road between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 31 , from R-4 to R-7, and the Council having conducted a public hearing with regard to this matter on January 23, 1989, pursuant to Council Resolution 1147-88, 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 Toy and McCotter NAYS Taylor, Ochala, Jurcisin, Bishop and Feenstra. The President declared the resolution denied 24760 ifts On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 1988, which sets forth its resolution 11-207-88, adopted on November 1 , 1988, with regard to Petition 88-9-1-27, submitted by Jerry Gottlieb for a change of zoning on property located on the north side of Joy Road between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 31 , from R-4 to R-7, and the Council having conducted a public hearing with regard to this matter on January 23, 1989, pursuant to Council Resolution 1147-88, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-9-1-27 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin and Bishop NAYS. Taylor, Toy, McCotter and Feenstra The President declared the resolution denied The President relinquished the Chair at 9.37 P M On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 1988, which sets forth its resolution 11-207-88, adopted on November 1 , 1988, with regard to Petition 88-9-1-27, submitted by Jerry Gottlieb for a change of zoning on property located on the north side of Joy Road between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 31 , from R-4 to R-7, and the Council having conducted a public hearing with regard to this matter on January 23, 1989, pursuant to Council Resolution 1147-88, the Council does hereby reject 1ft. the recommendation of the Planning Commission and the said Petition 88-9-1-27 is hereby denied for the following reasons 24761 100 1 That the proposed change in zoning will provide for uses that are already prevalent in the area 2 That the proposed change in zoning will not be in harmony with the majority uses in the area which are single family residential . 3 That the proposed change in zoning would encourage similar requests for changes of zoning in the area A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Feenstra and McCotter NAYS Ochala, Jurcisin, Toy and Bishop The Vice President declared the resolution denied The Vice President asked that the above item be placed on the agenda of the next Regular Meeting of the Council The President resumed the Chair at 9 41 P M On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #90-89 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 1988, which sets forth its resolution 11-204-88, adopted on November 1 , 1988, with regard to Petition 88-9-1-29, submitted by C Tangora for Stella Construction for a change of zoning on property located on the northeast corner of Melvin and Clarita in the Northeast 1/4 of Section 11 , from P S. to R-7, and the Council having conducted a public hearing with regard to this matter on January 23, 1989, pursuant to Council Resolution 1147-88, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-9-1-29 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 24762 ihmOn a motion by Councilman Ochala, seconded by Councilman Taylor, it was #91-89 RESOLVED, that the Council does hereby rescind Council Resolution 88-89 referring Petition 88-9-1-26, submitted by the City Planning Commission for a change of zoning on property located on the west side of Inkster, north of Joy Road in the Southeast 1/4 of Section 36, from RUF to R-9 to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Ochala, Jurcisin and Feenstra. NAYS• Toy, Bishop and McCotter The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilman Taylor, it was #92-89 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 1988, which sets forth its resolution 11-203-88, adopted on November 1 , 1988, with regard to Petition 88-9-1-26, submitted by the City Planning Commission for a change of zoning on property located on the west side of Inkster, north of Joy Road in the Southeast 1/4 of Section 36, from RUF to R-9, and the Council having conducted a public hearing with regard to this matter on January 23, 1989, pursuant to Council Resolution 1147-88, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-9-1-26 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Ochala, Jurcisin, Bishop and Feenstra NAYS. Toy and McCotter The President declared the resolution adopted F L 24763 On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, this 1 ,145 th Regular Meeting of the Council of the City of Livonia was adjourned at 9 51 P M , January 25, 1989. Rober F Nash, City erk ibr