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HomeMy WebLinkAboutCOUNCIL MINUTES 1990-02-1225531 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SEVENTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 12, 1990, the above meeti ng was hel d at the Ci ty Hal l , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 05 P M Councilman Taylor delivered the invocation Roll was called with the following result Present Laura Toy, Robert R Bishop, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P Feenstra and Joan McCotter, Absent None Elected and appointed officials present Robert F Nash, City Clerk, Harry Ta.tigian, City Attorney, John Nagy, Planning Director, Raul ualindo City Engineer, Karen Szymula, Director of Legislative Affairs, Suzanne Wisler, Director of Community Resources, David Preston, Director of Finance, Ron Reinke, Superintendent of the Department of Parks and Recreation, William Crayk, Chief of Police and Edith Davis, Personnel Director On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was it was #106-90 RESOLVED, that the minutes of the 1,169th Regular Meeting of the Council of the City of Livonia, held January 31, 1990 are hereby approved On a motion by Councilman Feenstra, seconded by Councilman Taylor, #107-90 RESOLVED, that having considered a letter from Mr John W Rellias, Jr , 18161 Floral, Livonia, Michigan 48152, dated January 29, 1990, wherein a street improvement of Floral Street between Curtis and Six Mile Road is requested, the Council does hereby refer this item to the Engineering Department for its report and recommendation #108-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated January 25532 19, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Charles R Mueller & Sons, Inc , 21500Gratiot Avenue, East Detroit, Michigan 48021 for supplying the Public Service Division (Ice Rink Division) with one (1) ice resurfacer (Zamboni Model 520) for a net price of $38,735 00, based on a total price of $41,735 00, less trade-in of $3,000 00, the same having been in fact the lowest bid received which meets all specification (and the low bid of Charles R Mueller & Sons, Inc. in the amount of $34,160 00, is hereby rejected for the reasons indicated in the aforesaid communication ) #109-90 RESOLVED, that having considered a letter from the Walk '90 Chairman of Project Concern's Walk for Mankind dated January 29, 1990, wherein it is requested that the Livonia Jaycees will sponsor Project Concern's Walk for Mankind, which is to be conducted on Saturday, May 19, 1990, on the route shown in the attachment, the Council does hereby approve and authorize the said event, including the use of Eddie Edgar Ice Arena, and the use of the Department of Parks and Recreation showmobile #110-90 RESOLVED, that having considered a communication from the Personnel Director dated January 22, 1990, approved by the Director of Finance, and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission wherein it is recommended that a $ 50 per hour increase adjustment be approved for the classification of Crossing Guard, so as to increase the rate of pay for this classification from $4 50 per hour to $5 00 per hour, the Council does hereby concur in and approve of such action #111-90 RESOLVED, that having considered the report and recommendation of the Director of Finance dated January 15, 1990, approved for submission by the Mayor, to which is attached a communication from the Internal Revenue Service wherein additional information and amendments to city ordinances is requested regarding the Employee Pick -Up Plan, the Council does hereby refer this item to the Department of Law for the preparation of the necessary documents and/or ordinance amendments #112-90 RESOLVED, that having considered a communication from the Chairperson of the Commission on Aging dated January 18, 1990, to which is attached a copy of a letter dated November 21, 1989, from the President of the Senior Citizen Achievement Needs (S C.A N ), in which an appeal is made for funds to help defray the cost of a replacement bus for the S C A N Program, the Council does hereby concur in and approve the donation of the sum of $1,000 00 to S C A N by authorizing the appropriation and expenditure of $1,000 00 from the Commission's Community Promotion Account 101-913-882-010 (Promotional Programs) for this purpose 25533 #113-90 RESOLVED, that having considered the communication from the Chairman of the Livonia Arts Commission and the Coordinator of the Livonia Fine Arts and Crafts Festival dated January 25, 1990, approved by the Finance Director and approved for submission by the Mayor, with regard to the 14th Annual Fine Arts and Crafts Festival, sponsored by the Livonia Arts Commission, which is scheduled to take place on Saturday, June 9, 1990, and Sunday, June 10, 1990, at ureenmead Historical Village, the Council does hereby waive the one dollar transient license fee per participant with respect to the said festival, and the City Clerk is hereby requested to do all things necessary and incidental to the full performance of this resolution #114-90 RESOLVED, that having considered a letter from the 1990 Heritage Fair Chairman and the Chairperson of the Livonia Historical Commission dated January 29, 1990, approved by the Finance Director, and approved for submission by the Mayor, with regard to the 1990 Heritage Fair to be conducted at ureenmead on June 3, 1990, the Council does hereby waive the transient license fee for crafters participating in said event, and the City Clerk is hereby requested to do all things necessary and incidental to the full performance of this resolution #115-90 WHEREAS, pursuant to the direction of the City Council in its resolution 57-90, adopted on January 17, 1990, and in accordance with Section 3 08 140 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 25, 1990 an assessment roll dated January 25, 1990 for the proposed installation of 100 watt high pressure sodium lights on davitt poles with underground wiring in Paragon Technology Park Subdivision located in the Northeast 1/4 of Section 27, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 57-90, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, March 28, 1990 at 7 00 p m to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, 25534 IT IS FURTHER RESOLVED, that the City Clerk be and h8r8hv is 0�= directed to publish a notice Of said public hearing at least once in the official newspaper Of the City Of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of March 28, 1990, the City Clerk is also directed to give notice of Said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office #116-90 WHEREAS, pursuant to the direction of the City Council in its resolution 56-90, adopted on January 17, 1990, and in accordance with Section 3 08.140 of the Livonia Code Of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date Of January 25, 1990 an assessment roll dated January 25, 1998 for the proposed installation Of lOO watt high pressure sodium lights On daVitt poles with underground wiring in Stamford Acres Subdivision located in the Northeast 1/4 Of Section 9, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 56-90, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the Citv Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions Of Section ] 08 110 of the Livonia Code Of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, March 28, lgqO at 7 OO p m to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice Of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten /10\ days prior to the aforesaid date of March 28, 1990, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses � appear on the most Current assessment roll in the City Assessor's "�~ office 25535 #117-90 WHEREAS, pursuant to the direction of the City Council in its resolution 58-90, adopted on January 17, 1990, and in accordance with Section 3.08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 25, 1998 an assessment roll dated January 25, 1990 for the proposed street improvement ConsiStiDg of either a 31 ft. wide full -depth asphalt pavement with concrete curbs and gutters (Alternate II) or a 28 ft. wide full -depth asphalt pavement with mountable asphalt curbs (Alternate III), on Fitzgerald, North Of Seven Mile Road, located in the Southwest 1/4 of Section 5" City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed Special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 58-90, THEREFORE, BE IT RESOLVED" that the said roll is hereby accepted by the Cfty COuncil, that it is hereby ordered to be fil8d in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions Of Section 3 08 lUO Of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council Of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, March 28, 1990 at 7^00 p.0. to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice Of Said public hearing at least once in the Official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten /lO\ days prior to the aforesaid date of March 28, 1990, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear On the most current assessment roll in the City Assessor's office. #118-90 WHEREAS, pursuant to the direction of the City Council in its pesOlUtions54-90 and 55-90, adopted on January 17, 1990" and in accordance with Section 3.08 700 Of the Livonia Code Of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 30, 1990 an assessment roll dated January 30, 1990 for the proposed street improvement consisting of 25536 either a 28 ft wide full -depth asphalt pavement with mountable asphalt curbs (Alternate III) or placement of 4 inches of asphalt over the existing roadway (Alternate IV), on Pershing, Goff and Ma.rgareta, located in the Northeast 1/4 of Section 12, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 54-90 and 55-90, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, March 28, 1990 at 7 00 p m to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of March 28, 1990, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Jurcisin, Ochala, Feenstra, Toy, Bishop and McCotter NAYS None The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was FURTHER, the Council does hereby authorize the construction of the Cart Storage/Maintenance Building for a sum not to exceed $66,000 00, which sum includes $13,000 00 for relocation (60' west) and $28,000 00 for masonry construction and 13" of new fill, FURTHER, the Council does hereby approve of the following a Masonry Colored Block for Cart Barn (tan split -face block, etc ), b Signs for Dedication (DiComo to work on plaque), c Interior Brick, Tile, Wood, Ceiling Tile and Laminated Beams, d Carpet (10 -year spike guarantee), "Green Marble", Bathroom Partitions to be "Olympic Bronze" and Walls to be Beige (#1059), e Step Tiles to be Light Brown with Dark Brown Nosing, f Addition of urinals to Plans, FURTHER, the Council does hereby request that the cost of a. textured ceiling be reviewed and thereafter submitted to Council for consideration And the Council does further approve revisions to items previously authorized in Council Resolution 1113-89 and Council Resolution 1058-89 as follows NO WORK DESCRIPTION CONTRACTOR 2C Excavating, Grading Oliver C DeLuca Co & Foundation 3A Concrete & Reinforcing Oliver C DeLuca Co Steel CONTRACT PRICE $146,655 00 In 2C 25537 #119-90 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated February 5, 1990, and submitted pursuant to Council Resolution 1113-89 in connection with the report and recommendation of the City Engineer, Director of Public Works, and the Superintendent of Parks and Recreation, dated November 9, 1989, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a letter from Kamp DiComo Associates, P C , dated November 3, 1989, with regard to bids received for the proposed construction of the Fox Creek Golf Course Clubhouse and Maintenance Building, the Council does hereby determine to accept low bid No 2E of Best Asphalt with respect to the asphalt private cart path between buildings as extended, for the price of $4,275 00, FURTHER, the Council does hereby authorize the construction of the Cart Storage/Maintenance Building for a sum not to exceed $66,000 00, which sum includes $13,000 00 for relocation (60' west) and $28,000 00 for masonry construction and 13" of new fill, FURTHER, the Council does hereby approve of the following a Masonry Colored Block for Cart Barn (tan split -face block, etc ), b Signs for Dedication (DiComo to work on plaque), c Interior Brick, Tile, Wood, Ceiling Tile and Laminated Beams, d Carpet (10 -year spike guarantee), "Green Marble", Bathroom Partitions to be "Olympic Bronze" and Walls to be Beige (#1059), e Step Tiles to be Light Brown with Dark Brown Nosing, f Addition of urinals to Plans, FURTHER, the Council does hereby request that the cost of a. textured ceiling be reviewed and thereafter submitted to Council for consideration And the Council does further approve revisions to items previously authorized in Council Resolution 1113-89 and Council Resolution 1058-89 as follows NO WORK DESCRIPTION CONTRACTOR 2C Excavating, Grading Oliver C DeLuca Co & Foundation 3A Concrete & Reinforcing Oliver C DeLuca Co Steel CONTRACT PRICE $146,655 00 In 2C 25537 25538 3D Footing Drainage System Oliver C DeLuca Co In 2C 3E Concrete Walks & Curbs Oliver C DeLuca Co In 2C 4A Cart Storage/Maintenance AVC Construction Co 25,850 00 Building 5A Structural Steel Livonia Steel, Inc 43,700 00 5B Metal Floor Livonia Steel, Inc In 5A 5C Ornamental Metal & Livonia. Steel, Inc In 5A Stairs 6A Lumber & Builders Various Suppliers 66,915 00 Hardware 6B Rough & Finish Carpentry Mastercraft 52,300 00 6C Glue Laminated Timber In 6A 6D Cabinets & Countertops Mastercraft In 6B 6E Prefabricated Wood Roof In 6A Trusses 7A Roofing & Insulation MacDermott 18,788 00 7'a Building Insulation Jasman Construction Co 19,226 00 9A Drywall Systems Jasman Construction Co In 7u 9B Tile & Marble Construction Service 18,452 00 9C Acoustical Systems Construction Service In 9B 9D Resilient Flooring & Quality Floor Cover Co 13,320 00 Carpeting 9F Painting & Finishing Construction Service In 9B 15 Mechanical Work Heights Heat & Cool, Inc 96,241 00 16 Electrical Work McMurray Electric 77,995 00 Contractor Total $735,819 50 General Conditions 64,400 00 Sub Total $800,219 50 C M Fee 53,400 00 CONSTRUCTION TOTAL $853,619 50 25539 Councilman Feenstra gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 89-10-3-6) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilman Ochala gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 89-11-3-7) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilman Ochala gave first reading to the following Ordinance AN ORDINANCE ADDING SUBSECTION C TO SECTION 370 OF TITLE 2, CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was 25540 #120-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation N�~ dated January 20, 1990, approved for submission by the Mayor and Finance Director, the Council does hereby authorize the purchase of a Lanier Model 6242 Copy Machine from the Lanier Company, 16878 Middlebelt, Livonia, Michigan 48154, for the price of $8,220 54, further, the Council does hereby authorize the purchase Of said item without competitive bidding in accordance with the prOViSi0DS 58t forth in Section 3,04 140 D 5 of the Livonia Code of Ordinances, as amended On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #121-90 RESOLVED, that having considered the report and recommendation Of the Director of Finance dated January 24, 1990, approved for submission by the Mayor, with regard to a budget adjustment required to provide additional crossing guards for QDOSeYSlt School, the Council does hereby authorize an increase of $7,500 in the Wage Account, said amount to be appropriated and transferred from the Unexpended Fund Balance Account to the following accounts in the following amounts Salaries and Wages 313-101-702-000 $6^500 Employee FICA 313-101-713-000 $1,000 On a motion by Councilman Taylor, seconded by CUUnCilNONDD Toy, and unanimously adopted, it was #122-90 RESOLVED, that having considered the report and recommendation Of the Director of Finance dated January 24° 1990, approved for submission by the Mayor, with regard to a budget adjustment required to provide additional crossing guards for Roosevelt School, the Council does hereby request a report and recommendation from the Livonia City Council/Schools Liaison Committee with respect to the question of the sharing of costs between the City and the Livonia Public Schools School District and/Ur C(8rencevi/7S Schools 5ChO0l District for providing crossing gUards' On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #123-90 RESOLVED, that the Council does hereby request a report and recommendation from the Livonia City Council/Schools Liaison L Committee with respect to the question of the need° if any, for providing additional crossing guards throughout the City. 25541 On d motion by COUOCil0aO Bishop, seconded by Councilman Taylor, N�^amd unanimously adopted, it was 1124-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated January 29" 1990, which bears the signature Of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Mike Savoie Chevrolet, 9 0 BOX 530, Troy, Michigan 48099-0520, Of 5 Caprice four -door vehicles for d total price of $59,915 33 /$11,983 07 each), and l GMC 15 -passenger van for a price of $16,430.76, the Same to be appropriated and expended from the unexpended fund balance account for this purpose, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding iAds0VCh as the same is based upon the low Oakland COVDtv 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 140D 5 of the Livonia Code of Ordinances, as amended On a motion by Councilman Jurcisin, seconded by Councilman Ochala, #125-90 RESOLVED` that having considered a letter from the Michigan Liquor Control Commission dated December 20, 1889, and the report and recommendation from the Chief of Police dated January 26, 1990^ in CODngCtiVn therewith, the Council does hereby determine that it has no objection to and does recommend approval Of the request from Michael Cser and Robert Wagner, stockholders in Arbor Ridge, Inc , for d new SDM license to he located at 9479 Newburgh Road, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll Call vote was taken on the foregoing resolution with the following result AYES Taylor, JUrcisin, OChald, Bishop and McC0tter NAYS- Toy and Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra, an, unanimously adopted, it was 25542 #126-90 RESOLVED, that having considered the report and recommendation Of the Department of Law dated January 18, 1990' and submitted pursuant to Council R8sVlVLiOO 1031-84, in COnO8cti0O with a letter from Tom and Devon Eidson, 9721 Newburgh, Livonia, Michigan 48150, dated October 25, 1489, expressing an interest in the purchase Of Certain City -owned property located at 9717 Newburgh, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman FeenstrD, seconded by CVUOCflwOmaD Toy, and unanimously adopted, it was #127-90 RESOLVED, that the Council does, in accordance with Section 23.01/a\ Of Zoning Ordinance 543, request that the City Planning Commission conduct 8 public hearing and thereafter submit a report on the question Of whether Lots l, 2, 3 and 4 Of HUrtUD's Newburgh 3VbdiV/5i0D located west of Newburgh, north Of Ann Arbor, should be rezoned to an appropriate residential ZVOiOg classification On d motion by Councilman Taylor, seconded by Councilman Ochala° � and unanimously adopted, it was #128-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 28, 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 DM Wednesday, February 7, 1990, at 8 00 p 0 , after due notice as required by Section 3 08 070 of said Code, and after careful COD5idSrOtiVO having been given to all such matters, the Council dO8S hereby, pursuant to Section 3 08 080 of said Code accept and approve said statement in all respects, (2) determine to make the street improvement consisting of a 28 ft wide full -depth asphalt pavement with mountable asphalt curbs /Alternate III), Or the placement Of approximately 4" of asphalt over existing roadway (Alternate IV) on Oxbow (Joy to GrOndOM\, Hartel (Joy to GraDdoD\ and Olson /UXbOw to Hartel) in the Southwest 1/4 of Section 36, T 13., 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, 25543 (3) approve the plans and specifications for said improvement as set forth in said statement dated November 28, 1989, (4) determine that the estimated cost of such improvement is $468,267 06 (Alternate III) or $103,381 18 (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 1.1% of paving ($3,300 00), 15% of paving costs ($47,815 06), and 100% of drainage costs ($149,500.00) (Alternate III), or 1 1% of paving ($975 00), 15% of paving costs ($14,127 17), and 100% of drainage costs ($9,200 00) (Alternate IV), and that the balance of said cost and expense of said public improvement amounting to 83 9% of paving ($267,652 00) (Alternate III), or 83 9% of paving ($79,079 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 the assessment made for such improvement shall be paid in fifteen (15) annual installments (Alternate III), or ten (10) (Alternate IV) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the S W 1/4 of Section 36, 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 (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 25544 of land bear to the total benefit of all land also to enter Up0O such roll the amount which has been N�- assessed to the City at large, all in accordance with the determination of the City Council, and, /lO\ that upon completion of Said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, Of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council, prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 Of the Livonia Code Of Ordinances. On a motion by Councilman Taylor, seconded by Councilwoman Toy, On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #131-9O WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 332 for a street improvement consisting of the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) on Hillcrest Avenue, north of 32YeD Mile Road in the Southwest 1/4 of Section 2" City VF 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 Wednesday, February and unanimously adopted, it was #129-90 RESOLVED, that the Council does hereby request that the Police Department give special attention to the area of Oxbow (Joy to GurdndOO\, Hartel (Joy to GaraDdoO) and 8TsOD (Oxbow to Hartel) in the 3OUthN85t 1/4 of Section 36, City of Livonia, Wayne COUVtv^ Michigan, with respect to traffic and partying. On a motion by Councilwoman Toy, seconded by Councilman Ochala" and unanimously adopted, it was #130-90 RESOLVED, that the Council does hereby request that the Traffic Commission submit a report and recommendation With respect to the installation of no parking signs in the area of Oxbow /Joy to GrdDdDO\° Hartel (Joy to GrdndOn\ and Olson (Oxbow to Hartel) in the Southwest 1/4 of Section 36, City of Livonia, Wayne County, Michigan On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #131-9O WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 332 for a street improvement consisting of the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) on Hillcrest Avenue, north of 32YeD Mile Road in the Southwest 1/4 of Section 2" City VF 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 Wednesday, February 29945 7, 1990, at 8^00 p m 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 as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 332, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT /l\ The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated November 27, 1989, in the amount of $51,753 00, are fair and equitable and based upon benefits to be derived by cOO5trVCtiVO of i0prUV202DtS proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No 332 is hereby approved and confirmed in all respects, /3\ The amount of said roll shall be divided into ten /10\ equal annual installments with interest at the rate of eight percent /8%\ per annum on the unpaid balance of the assessment from December l, 1990 Said interest shall be payable on each installment dug date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the Said special assessment roll, said rate of interest Shall be not more than T% above the average rate of interest borne by said bonds. In such cases where the installments will be YeS8 than Ten Dollars /$lO UU\ the number Of installments shall be reduced SO that each installment shall be above and as near Ten Dollars ($lO.UO) as possible The first installment Shall be due and payable December {, 1991 and subsequent installments on December lst of succeeding years /4\ Pursuant to the provisions of Section 3 88 130 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 25546 /5\ The first installment shall be spread upon the 1991 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, 1990° and thereafter one /l\ installment shall be spread upon each annual tax roll together with one (l) 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 O of the Livonia Code of Ordinances, as amended, either within the sixty /SO\ day period as provided by Section 3 08 200, or after the expiration Of the sixty /60\ day period as provided by Section 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 does hereby determine to pay 15% of the paving costs /$9,132 88\, 100% of drainage costs ($8,050 00)° for a total amount of $17°182 88 On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #132-90 RESOLVED, that the Council does hereby refer to the Director Of Public Works and the Water and Sewer Board for their respective reports and recommendations the matter of repeated water main breaks in the area Of Maplewood, Clarita" Pickford and Grimm in the Northwest 1/4 of Section 12 of the City of Livonia, Michigan. On a motion by Councilman Taylor, seconded by Councilman Ochala, #133-90 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District NO 333 for a street improvement consisting of d 28/ wide full -depth asphalt pavement with mountable asphalt curbs (Alternate lTl\ VO Maplewood, Clarita, Pickford and Grimm in the Northwest 1/4 of Section 12, 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 Wednesday, February 7, 1990, at 8'00 p.m 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 as prepared by the City Assessor to cover the district portion 25547 of the cost of a street improvement to be constructed in Special Assessment District No 333, 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 27, 1989, in the amount of $475,288 00, 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, (2) Said Special Assessment Roll No 333 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from December 1, 1990 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, 1991 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, 1990, (5) The first installment shall be spread upon the 1991 City tax roll in the manner required by Section 3 08 210 25648 Of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 0�~ l, 19¢0° and thereafter one (l) installment shall be spread upon each a0DUdl tax roll together with one (l) years interest upon all unpaid installments, provided, however, that when any dDnUdl installment Shall have been prepaid in the manner provided in Title 3, Chapter D Of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 208, or after the expiration Of the Sixty (bO) day period as provided by Section 3 08.220 then there shall be spread upon the tax roll for such year only the interest for all Unpaid installments, and /O\ The City Council does hereby determine to pay 15% Of the paving Costs /$83,874 35\, 100% of drainage costs ($253,000 00), for a total amount Of $336,874 35. A roll call vote was taken on the foregoing resolution with the following result - NAYS Toy, Bishop and McCotter The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #134-90 RESOLVED, that the Council dO26 hereby request that the Traffic Cn0015si0n submit a report and recommendation with respect to the installation Of traffic control signs, if required, upon completion of proposed street improvement on Maplewood, Clarita, Pickford and Grimm in the Northwest 1/4 of Section 12 of the City of Livonia, MichigaM' On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #135-90 RESOLVED, that having Considered the report and recommendation of the City Librarian dated January 22, 1990, approved by the Finance Director, and approved for submission by the Mayor, the Council does for and OM behalf of the City of Livonia hereby accept memorial plantings in the amount of $45 UD in memory of Cecil Semple, and $150 OO in memory of Ray Grant, such funds to be deposited in the Library Trust Fund, and the Council does also accept general donations of $200 00 25549 from T00 B'0rkl8Dd, $121 50 from Detroit Puppeteers Guild and $100.00 from Jackie and Carol Samples, the same to be deposited N&� in the Civic Center Book Account 271-738-978-000, FURTHER, the Council does hereby accept the $15,000 00 grant from the Library of Michigan MURL5 for the purpose Of bringing the science collection Up to date, and $12"500.00 from the Library of Michigan Metro Grant for the purpose of strengthening English as a second language. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, #136-90 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 105~90 adopted UM January 31, 1990, which deferred action with respect to the final plat of the Sunset Woods Subdivision, located in the Southeast 1/4 of Section ]] A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Jurcisin, Ochala, Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #137-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated January 29, 7990° and Submitted pursuant to Council Resolution 1168-89, and having considered a communication from the City Clerk dated November 29, 7989, which indicates that the proprietor of Sunset Woods Subdivision, located on the north side of Six Mile between Louise and Merriman Road in the Southeast 1/4 Of Section 11, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the COWDCfl having received d COm0uMiCdtfDO from the City Planning Commission dated November 7, 1989, wherein said Commission approves the final plat for the said subdivision in its resolution 71-241-89, adopted on November 21, 1989, and the Council having considered a report from the City Engineer dated October 30, 1989° recommending approval Of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 265-88 adopted on March 23, 1988, said preliminary 0 plat having been recommended for approval 6v the City Planning �� -~ . 25550 Commission on July 21, 1987, in its resolution 7-171-87, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Sunset Woods Subdivision, located in the Southeast 1/4 of Section 11, 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, FURTHER, the action herein is conditioned upon receipt of a letter from the proprietor of said subdivision which indicates that he will deposit with the City the sum of $22,440 to cover the share of the costs which may be apportioned to this property in a special assessment district established for the improvement of Louise, north of Six Mile Road A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Jurcisin, Ochala., Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #138-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated January 15, 1990, with regard to donations received for the D A R E Program, the Council does, for and on behalf of the City of Livonia, accept the following donations in the amount of $10,245 00, Livonia Pee Wee Bruins $ 600 00 c/o Ms Rosemarie Madge Polish Legion of American Veterans 25 00 White Eagle Post #166 Mr and Mrs Ronald Wilshaw 20 00 A M C Wonderland/A M C Laurel Park 5,900 00 The Livonia Heart Fund 2,000 00 Livonia Elks No 2246 100 00 Veterans of Foreign Wars 250 00 Post 3941 25551 Olin Corporation Charitable Trust 11000 00 Dale A Jurcisin Committee 250 00 The Kroger Company 100 00 FURTHER, the Council does hereby authorize the deposit of the foregoing sums in Account 702-000-285-211 for use in the D A R E Program On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was #139-90 RESOLVED, that having considered a communication dated January 31, 1990, from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as Grant of Easement dated January 22, 1990, executed by Donald Weinbaum, President, and Gerald Weinbaum, Vice -President for D Q B Industries, Inc , a Michigan Corp , for The North 12 ft of the South 381 50 ft of the following The E 300 ft of the W 643 ft of the N 1/2 of the N E 1/4 of Section 27, T. 1S , R 9E, City of Livonia, Wayne County, Michigan, except the N 248 ft thereof (Part of Parcel 105-99-0009-001) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was #140-90 RESOLVED, that having considered a communication from the Department of Law, dated February 2, 1990, submitted pursuant to Council Resolution 765-89, transmitting for Council acceptance a warranty deed dated February 2, 1990, executed by Charles L McDonald and Lorraine McDonald, his wife, conveying to the City certain property described as follows That part of the S W 1/4 of Section 3, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant East 665 51 ft and N 00 02' 00" W , 400 ft from the S W corner of Section 3 and proceeding thence N 0° 02' 00" W 100 ft thence due East 35 ft , thence S 020 49' 41" W 100 12 ft thence due West 30 ft to the point of beginning (Shadyside right-of-way) (Part of Tax Item No 46-011-99-0004-000) 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 Councilman Ochala left the podium at 8 58 P M * it was On a motion by Councilman Bishop, seconded by Councilwoman Toy, #141-90 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 30, 1990, approved by the Planning Director and approved for submission by the Mayor, the Council does hereby authorize the execution of the attached Stipulation for Consent Judgment and the entry of Consent Judgment in Wayne County Circuit Court Civil Action No 89 -903001 -CE, entitled The Oil Dispatch, Inc , a Michigan Corporation, v City of Livonia, a. Michigan Municipal Corporation. 25552 A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Toy, Bishop and McCotter NAYS Taylor and Feenstra The President declared the resolution adopted *Councilman Ochala asked that the record reflect that he disqualified himself from the vote so as to avoid the appearance of any conflict of interest Ochala returned to the podium at 8 59 P M On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, this 1,170th Regular Meeting of the Council of the City of Livonia was adjourned at 9 00 P M., February 12, 1990 _4;6� > Ro ert F Nash, City Clerk