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HomeMy WebLinkAboutCOUNCIL MINUTES 1990-01-1725470 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SIXTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 17, 1990, the above meeti ng was hel d at the Ci ty Hal 1 , 33000 Civic Center Drive, Livonia., Michigan and was called to order by the President Of the Council at 8 00 P M COW0CilYKDndD Toy delivered the invocation. Roll was called with the following result Present- Laura Toy, Robert R Bishop, k'32rald Taylor, Dale JurCisiD, Ron Ochala, FerOOn P. Feen5tra and Joan McCVtter, Absent None Elected and appointed officials present Patricia Mie8Ci8r, Deputy City Clerk, Harry Tatigian, City Attorney, Robert D Bennett, Mayor, John Nagy, Planning Director, Raul 'a'alindo,City Engineer, Karen Szymula, Director of Legislative Affairs, Suzanne WiSler, Director Of Community Resources, Brenda Fandr8i, Planning Commission and Arthur Sippold, Board of Canvassers On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #3-90 RESOLVED, that the minut8s Of the 1,l67th Regular HeRting Of the Council Of the City Of Livonia, held December 20, 1989 are hereby approved On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted*, it was #4-90 RESOLVED, that the minutes Of the 205th Special Meeting of the Council Of the City of Livonia, held January lU, 1990 are hereby approved. *Councilman 0chald abstained from voting which is recorded as a "yes' vote under the provisions Of Section 2 04 190 B Of the Livonia Code of OrdinanCeS, A communication from the Mayor, dated December 29, 1989 forwarding the City of Livonia Annual Report for the Fiscal Year 1988-1989 was received and placed on file for the information Of the Council 25471 A communication from the Director of Finance, dated December 22, 1989 forwarding various unaudited financial statements of the City of Livonia for the fiscal year ending November 30, 1989 was received and placed on file for the information of the Council it was On a motion by Councilman Feenstra, seconded by Councilwoman Toy, #5-90 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 11, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize a one year extension of the contract previously authorized in Council Resolution 33-89, adopted on January 25, 1989, wherein the City did accept the unit price bid of Allie Brothers, Inc , 20295 Middlebelt Road, Livonia, Michigan 48152, for supplying the Division of Fire with uniforms, which contract extension shall be based upon the same terms and conditions as that previously authorized, further, the Council does hereby authorize the said item without any additional competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #6-90 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 15, 1989, which bears the signatures of the Finance Director and the City Attorney, and is approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia and the Township of Redford in connection with the parties' joint participation in a. Computer Aided Dispatch Law Enforcement System for a one year period from December 1, 1989 through November 30, 1990, wherein Redford shall pay the amount of $2 81 per run for the use of the said system, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #7-90 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 19, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Doyle Computer Marketing, Inc , 9555 James Avenue South, Bloomington, Minnesota 55431, for supplying the Division of Police with computer hardware consisting of disk drive and disk packs for a total price of $10,640 00, the same having been in fact the lowest bid received and meets all specifications. 25472 #8-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated December 21, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Motor City Ford Truck, Inc , 39300 Schoolcraft Road, Livonia, Michigan 48150, for supplying the Public Service Division (Roads Section) with one (1) self -loading dump truck with dump box and loader mechanism for a. net price of $48,440 00 (total price of $52,290 00 less trade-in of $3,850 00), the same having been in fact the lowest bid received and meets all specifications #9-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated December 12, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Sting Ray Tree Co , Inc , 9381 Earhart Road, South Lyon, Michigan 48178, for completing all work in connection with the City's 1990 Tree and Stump Removal Program for an estimated total cost of $22,885 00, based upon the Public Service Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #10-90 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 27, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of uniewek's Inc , 21925 Michigan Avenue, Dearborn, Michigan 48124, for supplying the Parks and Recreation Department with plaques for 1990 for the price of $2,770 50, the same having been in fact the lowest bid received and meets all specifications #11-90 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 27, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the low bids meeting specifications for the purchase of athletic equipment for 1990 for the Parks and Recreation Department from the vendors indicated, as set forth in the attached documents 25473 #12-90 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, 0�~ dated November 27, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the Unit price bid Of ATlgraphiCs, 23108 N. Eight Mile Road, Southfield, Michigan 48034, for supplying the Parks and Recreation Department with t -Shirts and related paraphernalia for 1990, the same having been in fact the lowest bid received and meets all specifications. #13-90 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December ll, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Town & Country Pools, Inc , 3773 E. Morgan Road, Ypsilanti, Michigan 48197, for Supplying the Parks and Recreation Department with chlorine for use in the City's swimming pools for the 1990 season for d total estimated amount Of $9,000 00, the same having been in fact the lowest bid received and meets all specifications. #14-90 RESOLVED, that having considered the report and recommendation Of the Superintendent of Parks and Recreation* dated December ll, 1989" approved by the Finance Director and approved for submission by the Mayor, the Council dVSS hereby accept the bid of Robertson Bros. Service, Inc , 3190 Haggerty Road* West Bloomfield, Michigan 48322, for opening/closing swimming pools for the lQQO season for a total price of t3,625.00* the same having been in fact the lowest bid received and meets all specifications. #15-90 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December ll, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Robertson Bros. Service, Inc (Paddock PQVlS)° 3190 Haggerty Road, West Bloomfield, Michigan 48322, for r80arcite of Botsford Park Swimming Pool for the 1990 season for a total price of $22,500 OO, the same having been in fact the lowest bid received and meets all specifications #16-90 RESOLVED, that having considered a letter from the Executive Director of the Association for Retarded Citizens Of Northwest Communities, 12259 Beech Daly, Redford, Michigan 48339, dated December 15, 1989° wherein a request is submitted for the Use of the Idyl Wvld Golf Course for the aforesaid organization's annual golf outing, the Council dues hereby authorize the use of Idyl Wv7d Golf Course On May 20, 1990 in the manner and form herein submitted and does further grant the requested waiver Of greens fees in connection with this activity 25474 #17-90 RESOLVED, that having considered a letter from the Secretary of Overseas Wine Distributors, Inc , 32400 Plymouth Road, Livonia., Michigan 48150, dated December 20, 1989, wherein it is indicated that the said firm desires to rescind its previous application for an additional doorway on the east wall of their building in view of the fact that the wholesale wine license will expire on March 31, 1990 and will not be renewed, the Council does hereby determine to take no further action with respect to this item in view of the foregoing #18-90 RESOLVED, that having considered a communication from the Cable Television Commission, dated December 11, 1989, approved by the Director of Community Resources and approved for submission by the Mayor, and which transmits its resolution 146-89 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 and Eternal Word Television Network the Council does hereby concur in and approve of such action #19-90 RESOLVED, that having considered a communication from the City Planning Commission, dated December 12, 1989, which transmits its resolution 11-240-89, adopted on November 21, 1989, with regard to Petition 89-10-3-6, which was initiated by the Planning Commission pursuant to Council Resolution 868-89, which requested the vacating of a portion of a 6' wide easement for public utilities on Lot 29, Koloff's ureenbriar Meadows Subdivision, located on the west side of Ellen Drive south of Five Mile Road in the Northwest 1/4 of Section 21, the Council does hereby concur in the recommendation of the Planning Commission and does approve and grant the said Petition 89-10-3- 6, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution A communication from the City Clerk, dated December 21, 1989 re the Clarenceville School District, Collection of School Property Taxes was received and placed on file for the information of the Council. 25475 #20-90 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 6, 1989, approved for submission by the Mayor, the Council does hereby authorize the release to Biltmore Properties Corp , 2900 West Maple Road, Troy, Michigan 48084, the proprietor of the Windridge Village Subdivision No 3, located in the Northeast 1/4 of Section 4, of the financial assurances previously deposited with respect to the General Improvements in the amount of $200 00 cash and with respect to Sidewalk Improvements in the sum of $10,000 00 (cash and/or surety bond), pursuant to Council Resolution 503-78 adopted on June 7, 1978, and subsequently amended in Council Resolutions 678-78, 908-78, 1130-78, 54-79, 743-79, 1199-79, 503-80, 827-80, 85-85 and 1016-86, further, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #21-90 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 7, 1989, approved for submission by the Mayor, the Council does hereby authorize the release to Biltmore Properties Corp , 2900 West Maple Road, Troy, Michigan 48084, the proprietor of the Windridge Village Subdivision No 4, located in the west 1/2 of Section 4, of the financial assurances previously deposited with respect to the Greenbelt/Entrance Marker Improvements in the amount of $6,000.00 (cash and/or surety bond), pursuant to Council Resolution 772-87 adopted on August 19, 1987, and subsequently amended in Council Resolutions 1207-87 and 110-89, further, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #22-90 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Inspection, dated December 11, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize Stanson Wrecking Company, 6855 Haggerty Road, Belleville, Michigan 48111, to raze the existing homes located at 9234 and 9717 (including garage) Newburgh Road, for a total sum of $8,359 00, the same to be appropriated and authorized to be expended from the Municipal Refuse Fund -Civic Improvement Unsafe Building Fund (Account No 205-525-882-050) for this purpose, further, the Council does hereby authorize the said item without competitive 25476 bidding in accordance with provisions of Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #23-90 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 11, 1989, and submitted pursuant to Council Resolution 615-88 in connection with a. letter from Vonn Investment Company, 2550 South Telegraph Road, Suite 111, Bloomfield Hills, Michigan 48013, wherein an interest is indicated in the purchase of Lots 3 and 4, Horton's Subdivision, located in the N E 1/4 of Section 31, the Council does hereby determine to take no further action #24-90 RESOLVED, that having considered the report and recommendation of the Mayor, dated December 19, 1989, and submitted pursuant to Council Resolution 1059-89 in connection with a letter from Bedzyk Bros , Inc , 31523 W Eight Mile Road, Livonia, Michigan 48152, dated September 28, 1989, wherein it is suggested that the responsibilities of architect and construction management be separated and awarded to separate entities in connection with the construction of the Fox Creek Golf Course Clubhouse and Maintenance Building, the Council does hereby determine to take no further action #25-90 RESOLVED, that having considered Petition 89-12-3-9, submitted by Brian P Henry in behalf of J & L Industrial Supply Company, wherein a request is submitted for the vacating of a public utility easement located on Lots 4, 5 and 6 of the Livonia Executive Park No 1 Subdivision, 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 #26-90 RESOLVED, that having considered a communication from the City Planning Commission, dated January 3, 1990, which transmits its resolution 12-261-89 with regard to Petition 89-11-3-7, initiated by the Planning Commission, pursuant to Council Resolution 1032-89, requesting the vacating of a 12' wide public easement for public utilities, as established across Lot 31, Koloff's Greenbriar Meadows Subdivision, located south of Five Mile Road between Gary Lane and Yale Avenue in the Northwest 1/4 of Section 21, the Council does hereby concur in the recommendation of the Planning Commission and does grant and approve the said Petition 89-11-3-7, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #27-90 RESOLVED, that having considered a communication from the City Clerk, dated January 3, 1990, and pursuant to the provisions of M S A 6 1030, as amended, the Council does hereby appoint Mr Nick J Iatrow, 19278 Purlingbrook, #511, Livonia, Michigan 48154, as a Democratic Party member to the Board of 25477 Canvassers Of the City of Livonia for a four year term expiring December 31, 1993 #28-90 RESOLVED, that having considered a oOm0VniCatfOO from the City Clerk, dated January 3, 1990, and pursuant to the provisions of M 3.K 6.1030, as amended, the Council does hereby appoint Mr Arthur F Sippola, 14444 Melvin, Livonia, Michigan 48154, as a Republican Party member to the Board of Canvassers of the City of Livonia for a four year term expiring December 31, 1993 #29-90 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 4, 1990, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution 841-89, adopted on September 0, 1989^ so as to reduce the financial assurances now on deposit with the City for General Improvements in the Arbor Park View Subdivision located in the Southwest 7/4 of Section 33, to $88,000 OU of which at least $9,000.00 shall be in Cash, to cover the cost of remaining General Improvements in said subdivision, and the financial assurances now on deposit with the City, if any, Shall be reduced accordingly, further, all Other financial assurances now on deposit with the City shall remain the same and unchanged 130-90 RESOLVED, that having considered the report and recommendation Of the City Engineer, dated December 15, 1989, approved for submission by the Mayor, regarding the replacement and/or construction of new sidewalks in the City of Livonia, pursuant to the 1989 Sidewalk Repair Program, at the locations and in the amounts included herein by reference, which work was done pursuant to Council Resolution 727-89 and in accordance with provisions of Section 12 04.340 of Chapter 4 of Title 12 Of the Livonia Code Of Ordinances, as amended" the City Treasurer is hereby directed to send a statement Of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 Of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Monday, April 9, 1990 at 8 00 p.m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such Charges unless the same are paid prior to the date Of such meeting; and the City Clerk and City Treasurer are hereby requested to do all things necessary Or incidental to the full performance of this resolution #31-90 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 25478 hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, February 21, 1990 at 7 00 P M at the City Hall, 33000 Civic Center Drive, Livonia, Michigan with respect to the following item Petition 89-11-1-35, submitted by Allie Bros Investment for a change of zoning on property located on the west side of Middlebelt Road between Bretton and Norfolk Streets in the Northeast 1/4 of Section 2, from RUFA to C-1, the City Planning ComRission in its resolution 12-256-89 having recommended to the City Council that Petition 89-11-1-35 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 #32-90 RESOLVED, that having considered a letter from Lawrence D Hochman, in behalf of Erin Coin Shop and Randall Kesselring, dated December 8, 1989, wherein a request is submitted for a hearing before the City Council to review the revocation of his client's Precious -Metal and Gem Dealers license and the denial of his client's Secondhand Merchants application by Mayor Robert D Bennett in letters dated December 5, 1989, and by City Clerk Robert F Nash in a letter dated December 6, 1989, the Council does hereby determine that in accordance with provisions set forth in Section 5 03 090 of the Livonia Code of Ordinances, as amended, that a hearing shall take place before the City Council of the City of Livonia on Wednesday, February 14, 1990 at 7 30 P M at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, further, the City Clerk is hereby requested to, no later than ten (10) days prior to the aforesaid date of the said hearing, cause to have a notice in writing of the aforesaid hearing to be mailed by certified mail, return receipt requested, addressed to the party that has requested the hearing, and, further, the City Clerk is hereby requested to do all 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 Toy, Bishop, Taylor, Jurcisin, Ochala, Feenstra and McCotter NAYS None. 25479 Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 14 02 OF ARTICLE XIV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF [IVONTA ZONING ORDINANCE" (Petition 89-8-6-7\ The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office Of the City Clerk and is the 5a08 as if word for word repeated hereiO. The above Ordinance was placed on the table for consideration at the next regular meeting. CVUOCil0d0 Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 28 OF THE ZONING MAP OF THE CITY OF L{VONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LlV01IA ZONING ORDINANCE" BY ADD IMG SECTION 3 THERETO (Petition 80-8-1-27) 11, The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances Lin 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 OgXt regular meeting Councilwoman T»« gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 170 TO TITLE 15, CHAPTER 16 /FIRE PREVENTION CODE) OF THE [IVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the OfffC2 of the City Clerk and is the same as if word for word repeated herein The ObOVS Ordinance was placed On the table for consideration at the next regular meeting On a 0VtiVD by Councilwoman Toy, seconded by Councilman Bishop, Land unanimously adopted, it was 25480 #33-90 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 19, 1489, approved for submission by the Mayor, to which is attached a proposed ordinance adding Section 170 of Title 15, Chapter 16 (Fire Prevention Code) of the Livonia Code Of Ordinances, as amended, and the Said ordinance having received its First Reading by CoVACilw00dO Laura T»« on January 17, 1990, the Council does hereby refer this item to the Legislative Committee for its report and recommendation On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #34-90 WHEREAS, the Livonia Family "Yx is planning its aDOUO7 "Invest in Youth Campaign", and WHEREAS' the Livonia Family YMCA will be celebrating its 20th anniversary, 20 years of serving the community and offering the children of Livonia a wholesome, athletic atmosphere in which to grow and develop, and WHEREAS, the "Invest in Youth" campaign further enables the "Y" to provide l. Membership to anyone regardless of financial ability to pay, 2. Handicapped programs for approximately lDU youngsters, 3. Resident camp 8Xp2rignC8 for more than 40 youngsters for time away from a family in Crisis, 4 An after SChV0l program for 200 youngsters in the Livonia area, 5 Operation Water Safety program through the Livonia Public Schools for all 4th graders 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 January 29, 1990 - February 3, 1990, DS "INVEST IN YOUTH WEEK" and in wholeheartedly endorsing this program On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was 25481 #35-90 RESOLVED, that having considered d letter from the Michigan Liquor Control Commission, dated October l]' 1989, and the report and recommendation of the Chief Of Police, dated NoVS0h8r 21, 1989, with regard to a request from FaieZa Habbo for transfer Of a 1989 30N licensed business from Marilyn A. Bennett for a business located at 19036 Middlehelt, Livonia, Michigan 48152, 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 Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #36-90 RESOLVED, that having considered a communication from the City Assessor and the Finance Director, dated December 12, 1989` which bears the signature Of the Mayor, wherein it is recommended that a non-refundable filing fee of $1,000.00 be established with respect to each request submitted for an industrial facilities exemption certificate, pursuant to Public Act 198 of 1974, to cover the additional costs incurred by the City for providing required information to the Michigan Department of Treasury, 1 e , Form T-1044 and Form T -1044-A, the Council does hgrgh« determine to concur in and approve Of such action On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #37-90 RESOLVED, that having considered a communication from the City Assessor, dated December 20, 1989° approved for submission by the Mayor, with regard to d request from Mr. Paul G Lucas, 15544 Northville Forest, Plymouth, Michigan 48170, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section lO 45 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination Of Tax Item Nos 46 001 04 0374 000 and 46 001 04 0376 000 into two parcels, the legal descriptions of which shall read as follows PARCEL NO. l LOT 374 AND THE EST 20 FEET OF LOT 375 "THE ARGONNE SUB " Of part Of the M.E 1/4 of Sec l' T { S ,R 9 E Livonia Twp. /now City of Livonia), Wayne Co Michigan Liber 40, Page 5 Subject to easements of record. PARCEL NO 2 25482 LOT 385 EXCEPT THE WEST 20 FEET AND ALL OF [OT 376 "THE ARGONNE SUB " of part of the N E 1/4 OF Sec l, T 1 S.,R 4 E Livonia Twp. (now City of Livonia), Wayne Co Michigan Liber 40, Page 5. Subject to easements of record as shown on the map attached to the aforesaid communication which is made d part hereof by reference, and the City Clerk is hereby requested to cause 0 certified copy of this resolution to be recorded in the Office Of the Wayne County Register of 0gedE° 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 Bishop, seconded by Councilman Taylor, #38-90 RESOLVED, that having considered a letter from Charles 8. Tangora of Brashear, Tangora and Spence, dated December 28, 1989, and submitted in behalf of Hy -Tek Systems, Inc., with regard to the industrial facilities exemption certificate granted to Hy -Tek Systems, Inc for new industrial facilities in Industrial Development District No. 48 for 12 years in Council Resolution 392-88, adopted on April 20, 1988, and wherein it is requested that a one year extension be approved and recommended by the City Council 5V as to permit Hy -Tek Systems, Inc to complete its purchase and acquisition Of industrial equipment in connection with this project, the Council does hereby approve of such action, and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken OM the foregoing resolution with the following result AYES: T««, Bishop, Taylor, JurciSin, Feenstra and McC8tter NAYS Ochala The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #39-90 RESOLVED, that having considered a communication from the City Clerk, dated December 29° 1989, which indicates that the proprietor of Whispering Hills Subdivision, situated in the Southwest 1/4 of Section 6° has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received it was 25483 a. communication from the City Planning Commission, dated December 28, 1989, wherein said Commission approves the final plat for the said subdivision in its resolution 12-262-89, adopted on December 19, 1989, and the Council having considered a report from the City Engineer, dated December 18, 1989, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 950-89, adopted on October 4, 1989, said preliminary plat having been recommended for approval by the City Planning Commission on August 15, 1989 in its resolution 8-179-89, now therefore, the Council does hereby determine to grant its approval to the final plat of Whispering Hills Subdivision, located in the Southwest 1/4 of Section 5, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, #40-90 RESOLVED, that having considered a communication from the City Clerk, dated December 29, 1989, which indicates that the proprietor of Gill Orchards Subdivision, situated in the Southeast 1/4 of Section 4, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communication from the City Planning Commission, dated December 28, 1989, wherein said Commission approves the final plat for the said subdivision in its resolution 12-263-89, adopted on December 19, 1989, and the Council having considered a report from the City Engineer, dated December 18, 1989, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 663-89, adopted on July 17, 1989, said preliminary plat having been recommended for approval by the City Planning Commission on April 24, 1989 in its resolution 4-79-89, now therefore, the Council does hereby determine to grant its approval to the final plat of Gill Orchards Subdivision, located in the Southeast 1/4 of Section 4, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution 5484 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, Jurcisin, Ochala, Feenstra and McCotter NAYS Taylor The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #41-90 RESOLVED, that having considered a communication from the City Planning Commission, dated Janaury 3, 1990, which transmits its resolution 12-258-89, adopted on December 19, 1989, with regard to Petition 89-11-2-53, submitted by James Horney, requesting waiver use approval to allow an existing food facility (Sunshine Yogurt Plus) to operate as a restaurant on property located on the west side of Newburgh Road between Seven Hile Road and Northland Road in the Southeast 1/4 of Section 6, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #42-90 RESOLVED, that having considered a communication from the City Planning Commission, dated January 3, 1990, which transmits its resolution 12-260-89, adopted on December 19, 1989, with regard to Petition 89-11-2-55, submitted by Lakewood Landscaping Corp , requesting waiver use approval for outdoor storage in connection with a. lawn maintenance/snow plowing business located on the east side of Otterson Court, south of I-96 and west of Wayne Road in the Northwest 1/4 of Section 28, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 89-11-2-55 is hereby approved and granted, such approval to be made subject to the petitioner maintaining the storage area in a neat and orderly manner On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #43-90 RESOLVED, that having considered a communication from the City Planning Commission, dated January 3, 1990, which 25485 transmits its resolution 12-267-89, adopted on December 19, 1989, with regard to Petition 89-12-8-35, submitted by 0�~ Neumann/Smith and Associates, requesting site plan approval in C0DOSCtion with a proposal to construct a four story Office building with d two story parking structure DD the south side of Seven Mile Road between Haggerty and I-275 in Section 7, pursuant to the provisions set forth in Section 18,47 UF Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 89-12-8-35 is hereby approved and granted, Such approval to be made subject to the granting of variances by the Zoning Board of Appeals for a deficient number of parking spaces and deficient parking bay size, as well as to be based upon the same additional conditions as those set forth in the aforesaid recommendation Of the Planning Commission, providing further that the foregoing approval is also conditioned upon the submission of a new landscape plan which shall require approval by the City Council. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #44-90 RESOLVED, that the Council does hereby refer to the Committee of the Whole the question Of providing additional sidewalks and/Or bike trails on Seven Mile Road between I-275 � and Haggerty Road On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #45-90 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 7, 1989, dppnnV8d by the Finance Director and approved for submission by the Mayor, the Council does hereby, for and on behalf of the City of Livonia, accept cash donations from various sources in the a0OVOt Of $l,203 q1, the same to be deposited in and appropriated to Account NO, 702-000-285-216 for use in the Senior Citizens Program On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #46-90 RESOLVED, that having considered a communication from Resources, dated December 8, 1989, Communitythe Director of approved by the Finance Director and approved for submission by the Mayor, the Council does hereby, for and OO behalf of the City of Livonia, accept the cash donation in the amount 25486 of $500 00 from the Livonia Heart Fund, the same to be deposited in and appropriated to Account No 702-000-285-215 for use in the Youth Assistance Programs On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #47-90 RESOLVED, that having considered a communication from the Department of Law, dated December 19, 1989, submitted pursuant to Council Resolution 938-89, transmitting for Council acceptance a warranty deed dated December 8, 1989, executed by John E. Mund and Sylvia R Mund, his wife, conveying to the City certain property described as follows The West 30 feet of the following described parcel That part of the Northeast 1/4 of Section 24, described as beginning at a point distant South 89 degrees, 49 minutes West along the North section line 658 0 feet and South 0 degrees, 19 minutes 30 seconds East, 1484 73 feet and South 89 degrees, 49 minutes West, 1056 13 feet from the Northeast corner of Section 24 and proceeding thence South 89 degrees, 49 minutes West, 264 0 feet, thence South 0 degrees 25 minutes, 50 seconds East along the East line of Lyons Avenue 30 feet wide a distance of 82 50 feet, thence North 89 degrees, 49 minutes East, 264 0 feet, thence North 0 degrees, 25 minutes, 50 seconds West, 82 50 feet to the point of beginning (Lyons Avenue right-of-way - Wayne County Bureau of Taxation parcel 46-093-99-0021-000) the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City -owned and tax exempt On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #48-90 RESOLVED, that having considered a communication dated January 3, 1990, from the Department of Law transmitting for Council acceptance a quit claim deed, more particularly described as Quit Claim Deed dated November 16, 1989, executed by Jerry Knoppow as Trustee of the Jerry Knoppow Family Trust under 25487 Agreement dated December b, 1982, and Sharon Jean KD0ppOw as Trustee Of the Sharon Jean KnVppow Family Trust under Agreement dated December 6, 1982, for The North 27 feet of the following parcel Of land A parcel of land located in the N E 1/4 Of 38CtƒOO 33, T l 3., R 9 E , City Of Livonia, Wayne County, Michigan, described as beginning at d point distant due East 1115 0 feet and S O« 50' East, 33 feet from the North 1/4 corner of Section 33 and proceeding thence due East 100 feet, thence South Uo 56/ East, 257,5 feet, thence due West 100 feet, thence North Oo 55' West 251 5 feet to the point of beginning (Plymouth Road right-of-way) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed 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 the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilwoman Toy, That part of Lot 20, 8arden Farms Subdivision of part of the East 1/2 of the Northeast 1/4 of Section 12, Town l South, Range 9 East, City Of Livonia, County of Wayne and State Of Michigan, described as beginning at the Northeast corner of Lot 20 and proceeding thence South Uo 15/ East along the East ]iOg 155 57 feet, thence North 320 00/ West 14 71 feet, thence North 24' 15' West 43,08 feet, thence North O= 30' West 104 19 feet to the North line of Lot 20, thence South 89° 15/ East along said line 25,88 feet to the point of beginning the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid quit Claim deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all Other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City -owned and tax exempt and unanimously adopted, it was L#49-90 RE3OLVED, that haYing c0n5idered a c0Dmunicatinn from the Department of Law, dated January 9, 1990° Submitted pursuant to Council Resolution 336-8¢, transmitting for Council acceptance a quit claim deed dated November l, 1989, executed by Earl HUbgOsCh0idt, Roy F HVbenSChNidt, Marion E Rowe and Carol Rowe Hopson, conveying to the City Certain property described as follows That part of Lot 20, 8arden Farms Subdivision of part of the East 1/2 of the Northeast 1/4 of Section 12, Town l South, Range 9 East, City Of Livonia, County of Wayne and State Of Michigan, described as beginning at the Northeast corner of Lot 20 and proceeding thence South Uo 15/ East along the East ]iOg 155 57 feet, thence North 320 00/ West 14 71 feet, thence North 24' 15' West 43,08 feet, thence North O= 30' West 104 19 feet to the North line of Lot 20, thence South 89° 15/ East along said line 25,88 feet to the point of beginning the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid quit Claim deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all Other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City -owned and tax exempt 25488 On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #50-90 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #51-90 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 11, 1990, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution 1075-87, adopted on November 16, 1987 so as to reduce the financial assurances now on deposit with the City for General Improvements in the Martin Villa Subdivision located in the Northeast 1/4 of Section 8, to $2,000 in cash to cover the cost of remaining General Improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City shall remain the same and unchanged On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #52-90 RESOLVED, that the Council does hereby request that the Engineering Department and the Planning Department submit their respective reports and recommendations on the status of Van Road, south of the Martin Villa Subdivision, located in the Northeast 1/4 of Section 8 On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was #53-90 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 331, more particularly described in Council Resolution 431-88 adopted on May 4, 1988, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll it was 25489 prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Mayflower Estates Subdivision in said Special Assessment District No. 331, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that 100 watt high pressure sodium lights on davitt poles with underground wiring shall be installed in Mayflower Estates Subdivision in the S E 1/4 of Section 4 and that the assessments set forth in said Special Assessment District No. 331 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 331 based on installation of 100 watt high pressure sodium lights on davitt poles with underground wiring is hereby approved and confirmed in all respects, 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 assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose On a motion by Councilman Ochala, seconded by Councilman Taylor, #54-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 19, 1989 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 15, 1990 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 accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 28' wide full -depth asphalt pavement with mountable asphalt curbs (Alternate III) or the placement of four inches of asphalt over the existing roadway (Alternate IV) on Pershing, uoff and Margareta in the Northeast 1/4 of Section 12, 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 25490 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 October 19, 1989, (4) determine that the estimated cost of such improvement is $444,748 24 (Alternate III) or $98,584 71 (Alternate IV), (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 $44,212 24 (Alternate III) or $13,062 71 (Alternate IV) and 100% of drainage $150,000 00 (Alternate III) or $11,500 00 (Alternate IV) and 6 7% of paving of 452' of frontage $19,888 00 (Alternate III) or $5,876 00 (Alternate IV) and that the balance of said cost and expense of said public improvement amounting 73.3% of paving $230,648 00 (Alternate III) or $68,146 00 (Alternate IV) 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 fifteen (15) annual installments (Alternate III) or ten (10) annual installments (Alternate IV) 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 N E 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed on the attached Special Assessment Roll and shown on the attached Special Assessment District Map (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment 25491 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 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, Taylor, Ochala, Feenstra and McCotter NAYS Jurcisin The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #55-90 RESOLVED, that the Engineering Department is hereby requested to prepare two additional assessment rolls with respect to the action taken in CR 54-90 which approved Necessity on the basis of either Alternate III or Alternate IV, a street paving improvement on Pershing, Goff and Margareta in the Northeast 1/4 of Section 12, which additional rolls will be prepared on the basis of the City bearing the entire cost involved with respect to unbuildable lots On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was #56-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 18, 1989 on all matters required by Section 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 15, 1990, 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- 25492 (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 100 watt high pressure sodium lights on davitt poles with underground wiring in Stamford Acres Subdivision in the Northeast 1/4 of Section 9, T.lS., R.9E City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated October 18, 1989, (4) determine that the cost of said improvement shall be paid by special assessments on the property benefited; (5) determine that assessments made for such improvement may be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the N.E. 1/4 of Section 9, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed 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 18, 1989; and (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, and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 25493 #57-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 25, 1989 on all matters required by Section 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 15, 1990, 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 100 watt high pressure sodium lights on davitt poles with underground wiring in Paragon Technology Subdivision in the Northeast 1/4 of Section 27, T 1S R 9E , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated October 25, 1989, (4) determine that the cost of said improvement shall be paid by special assessments on the property benefited, (5) determine that assessments made for such improvement may be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the N E 1/4 of Section 27, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed 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 18, 1989, and (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 25494 Ordinances, as amended, and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #58-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 30, 1989 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 15, 19 90, 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 accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 31' wide full -depth asphalt pavement with concrete curbs and gutters (Alternate II) or a 28' wide full -depth asphalt with mountable asphalt curbs (Alternate III) on Fitzgerald Avenue, north of Seven Mile Road in the Southwest 1/4 of Section 5, T.lS , R 9E , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated August 30, 1989, (4) determine that the estimated cost of such improvement is $429,911 76 (Alternate II) or $396,262 35 (Alternate III), (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 $42,061 76 (Alternate II) or $37,014 35 (Alternate III) and 100% of drainage $149,500 00 (Alternate II) or $149,500 00 (Alternate III) and 100' 25495 of frontage (1 8% of paving) $5,000 00 (Alternate II) or $4,500 00 (Alternate III) and that the balance of said cost and expense of said public improvement amounting to 83 2% of paving $$233,350 00 (Alternate II) or $205,348 00 (Alternate III) 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 fifteen (15) 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 Section 5, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as containing the following property Lots 1 through 33, both inclusive, lot 36, 37, 40 through 72, both inclusive, of Fitzgerald Gardens Subdivision (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council, prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was 25496 #59-90 WHEREAS, Detroit Edison has provided new streetlighting installations under Option I, and WHEREAS, Detroit Edison under Option I owns, operates, and maintains the streetlight system, and WHEREAS, Detroit Edison has provided this option in the past at an annual perpetual fee to the community, and WHEREAS, it is now proposed by Edison to charge an up front installation charge or contribution in addition to annual charges, and WHEREAS, this contribution would be required prior to any installation, and WHEREAS, the contribution will be directly passed on to the residents of our community, and WHEREAS, Detroit Edison has Case U-9499 before the Public Service Commission requesting a contribution in Aid of Construction, and WHEREAS, this Contribution in Aid of Construction deviates from the past practices of incremental increase of service fees to establish or expand service NOW, THEREFORE, BE IT RESOLVED, that the Michigan Public Service Commission acknowledges the City of Novi as the Intervener on behalf of our community for Rate Case U-9499, filed by Detroit Edison, and BE IT FURTHER RESOLVED, that the City of Livonia fully supports the City of Novi in their proceedings to intervene and agrees to aid in the finance of such petition, at a cost not to exceed $2,500 00 and the same is hereby appropriated and authorized to be expended from the unexpended Fund Balance Account for this purpose. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, this 1,168th Regular Meeting of the Council of the City of Livonia was adjourned at 9 12 P.M., January 17, 1990.