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HomeMy WebLinkAboutCOUNCIL MINUTES 1988-11-02 24563 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FORTIETH REGULAR MEETING ~�^ OF THE COUNCIL OF THE CITY OF LIVONIA On November 2, 1980, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 01 P M. Councilman Ochala delivered the inVoCation. Roll was called with the following result Present. Fernon P. Feenstra, Laura Toy, Robert R. Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin, Absent None. Elected and appointed officials present. Harry Tatigian, City Attorney; Robert F Nash, City Clerk; Robert D. Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer; David Preston, Finance Director, Karen SzymulD, Director of Legislative Affairs, Ron Reinke, Superintendent of Parks and Recreation, Ron Mardiros, City Assessor, William Hoff, Acting Police Chief, John Fegan, Director NL of Building Inspection, William La Pine, Planning Commission, Ray Tent, Planning Commission, Tom Carey, Traffic Commission and Arthur W. Howell , Director of Operations Of the Livonia Public Schools System. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #1022-88 RESOLVED, that the minutes of the 1 ,139th Regular Meeting of the Council of the City of Livonia, held October 19, 1988 are hereby approved. On a motion unanimously introduced, supported and adopted, it was /1023-80 WHEREAS, James Lauer has admirably served the Livonia Public Schools for the past 27 years, including 5 years as a teacher of the fourth and fifth grades, 1 year as an administrative intern, and 21 years as an elementary school principal at Garfield, Hoover, and Randolph Schools, and WHEREAS, he is recognized as a leader in the field of elementary education and is known as a creative, imaginative, and dedicated �— administrator who continually strives to improve the educational environment of Livonia students, and 24564 WHEREAS, he has been instrumental in developing many exciting new curricular programs for children, including designing specific programs in human growth and reproduction, hazardous substances, outdoor education, computer assisted math, computer literacy, and art literacy and helping to establish an Instructional Materials Center, publishing centers, a Young Authors Conference, and instructional approaches such as Talent Unlimited and All About Me in the Livonia Public Schools, and WHEREAS, under his direction, the Webster/Randolph Mainstreaming Project has been created to bring together Randolph students and students with mental and physical disabilities attending Webster School in order to provide the opportunity for shared activities between these groups of students, and WHEREAS, he received the Outstanding Practicing Principal Award of 1987 from the Michigan Elementary and Middle School Principals Association and was recently honored as one of the nation's distinguished elementary school principals at a U.S Department of Education ceremony in Washington, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Council of the City of Livonia do hereby take this means to commend JAMES LAUER for the honor which has been bestowed upon him and to gratefully acknowledge the many contributions which he has made to the welfare of the parents and children of this community A communication from the Director of Finance, dated October 20, 1988 forwarding various financial statements of the City of Livonia for the month ending September 30, 1988 is hereby received and placed on file for the information of the Council . On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was #1024-88 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 11 , 1988, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Domestic Linen Supply and Laundry Company, 37330 Van Born, Wayne, Michigan 48184, for supplying the Public Service Division employees with rental uniforms and cleaning service for a total weekly amount bid of $215 95 for the period through November 30, 1990, the same having been in fact the lowest bid received and meets all specifications 24565 #1025-88 RESOlVED, that having considered the report and recommendation of the Director of Public Works, dated October 6, 1988, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the low bid of Lawn Equipment Service & Sales, 151 N Perry Street, Pontiac, Michigan 48048, for supplying the Public Service Division (Fox Creek Golf Course) with one (1 ) Aerator for a total price of $9,236.60, the same having been in fact the lowest bid received and meets all specifications. #1026-88 RESOLVED, that having considered a letter from Jane A. Currier, 18668 Bainbridge, Livonia, Michigan 48152, dated October 14, 1988, wherein a request is submitted for the installation of an additional street light on an existing pole on Bainbridge Street near her home, the Council does hereby refer this item to the Engineering Department for its report and recommendation. 11027-88 RESOLVED, that having considered a letter from Jane A. Currier, 18668 Bainbridge, Livonia, Michigan 48152, dated October 14, 1988, wherein a request is submitted for the installation of an additional street light on an existing pole on Bainbridge Street near her home due to attempted auto thefts, break-ins and other problems in the area, the Council does hereby request that the Police Department give special attention to this neighborhood and thereafter submit a report and recommendation. 11028-88 RESOLVED, that having considered Petition 88-10-3-8, submitted by Gillett Associates, Inc , on behalf of Beydoun Brothers, 13646 W Warren, Dearborn, Michigan 48126, dated October 12, 1988, wherein a request is submitted for the vacating of an alley adjacent to a gas station located at 27440 Plymouth Road, Livonia, Michigan, 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. 11029-88 RESOLVED, that having considered a communication from the City Assessor, dated October 10, 1988, approved for submission by the Mayor, with regard to a request from Billy Rooker, 17391 Louise, Livonia, Michigan 48152, to divide Tax Item Nos. 044 99 0021 000 and 044 99 0022 001 into four parcels, the Council does hereby refer this item to the City Planning Department for its report and recommendation. 11030-88 RESOLVED, that having considered a communication from the City Assessor, dated October 19, 1988, approved for submission by the Mayor, with regard to a request from C. B. Swim Club, P.O. Box 2022, Livonia, Michigan 48151 , and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 24566 18.46 of Ordinance No 543, as amended, the Livonia Zoning Ordinance, the Council does approve of the proposed division N�w of Lot 2 of the Dutch Mill Gardens Subdivision (part of Tax Item No, 46 093 02 0002 000) into three parcels, the legal descriptions of which shall read as follows: That part of Lot 2 of Dutch Mill Gardens, a Subdivision of part of N. 1/2 of Sec. 24, T.13 , R.9E. , Livonia Twp. , Wayne County, Michigan as recorded in Liber 68, on Page 70 of Plats, W C.R Described as. Beginning at a point on the West line of Lot 2, said point being located S 0 deg. 15 min. 10 sec. East, 150.0 feet from the N.W. corner of Lot 2, thence S. 65 deg. 16 min 31 sec East, 82.74 feet, thence S 72 deg. 41 min. 53 sec. East, 78.66 feet to a point on the East line of Lot 2, said point being located S. 0 deg. 15 min. 10 sec. East, 150.0 feet from the N.E corner of said Lot 2, thence 3. 0 deg 15 min. 10 sec. East, 267 27 feet to the S E. corner of Lot 2, thence N. 89 deg. 46 min 40 sec. West, along the North line of Lyndon Avenue, 86 feet wide, as platted , a distance of 150,0 feet to the S W corner of Lot 2; thence N. 0 deg. 15 min. 10 sec. West, along the West line of Lot 2, a distance of 324.88 feet to the Point of Beginning, Containing 1 .009 acres, more or less, of land Subject to easements and restrictions of record. shown Vn th8 map attached to the afnr8said connOunioation Las which is made a pdrt hereof bv refSy����� �ad th� Citv Clerk -~ ~is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. #1031-88 RESOLVED, that having considered a communication from the City Assessor, dated October 19, 1988, approved for submission by the Mayor, with regard to a request from C. B Swim Club, P.O. Box 2022, Livonia, Michigan 48151 , and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does approve nf the proposed division of Lot 3 of the Dutch Mill Gardens Subdivision (part of Tax Item No. 46 093 02 0002 000\ into three parcels, the legal descriptions of which shall read as follows' That part of Lot 3 of DUTCH MILLS GARDENS, a Subdivision of part of N 1/2 of Sec. 24, T.13. , R.9E , Livonia Twp. , Wayne County, Michigan as recorded in Liber 68, on Page 70 of Plats, W.C.R. Described as Beginning at a point on the West line of Lot 3, said point being located 3 0 deg. 15 min 10 sec East, 150 0 feet from the N W. corner of Lot 3, thence S 64 deg. 34 min, 01 sec. East, 83.22 feet to a point, thence S. 57 deg 59 min 40 sec East, 88 67 feet to a point on the East line of Lot 3, said point being located S. 0 deg 15 min. 10 w. i sec. East, 150 0 feet from the N.E. corner of said Lot 3, thence 24567 S. 0 deg. 15 min. 10 sec. East, 324.68 feet to the S.E. corner L Of L0t 3, thSnce N. Oq deg. 46 mi4O along the ^ sec. West, North line of Lyndon Avenue, 86 feet wide, a distance of 150.0 feet to the S W. corner of Lot 3, thence N 0 deg. 15 min. 10 sec. West, along the West line of Lot 3, a distance of 406,85 feet to the Point of Beginning. Containing 1 .269 acres, more or less, of land. Subject to easements and restrictions of record, as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. #1032-80 RESOLVED, that having considered a communication from the City Assessor, dated October 19, 1988, approved for submission by the Mayor, with regard to a request from C. B. Swim Club, P.O. Box 2022, Livonia, Michigan 48151 , and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does approve of the proposed division of Lot 4 of the Dutch Mill Gardens Subdivision (part of Tax Item No. 46 093 02 0002 000) into three parcels, the legal descriptions of which shall read as follows � That part of Lot 4 of DUTCH MILL GARDENS, a Subdivision of part --' of N.1/2 of Sec. 24, T.1S. , R.9E. , Livonia Twp. , Wayne County, Michigan, as recorded in Liber 68, on Page 70 of Plats, W.C.R. Described as: Beginning at a point on the West line of lot 4, said point being located S. 0 deg. 15 min. 10 sec. East, 150,0 feet from the N W. corner of Lot 4, thence 3. 89 deg. 57 min. 25 sec. East, 92,0 feet; thence S. 76 deg. 29 min. 39 sec. East, 77 21 feet to a point on the East line of said Lot 4, said point being located S. 0 deg. 15 min. 10 sec. East, 160,0 feet from the N.E corner of Lot 4, thence S. 0 deg 15 min. 10 sec. East, 406 85 feet to the S.E. corner of Lot 4` . , " thence N 89 deg. 46 min. 40 sec. East, along the North line Of Lyndon Avenue, 86 feet wide, a distance of 167 0 feet to the S.W. corner of lot 4, thence N. 0 deg 15 min 10 sec. West, along the East line of Harrison Avenue, 86 feet wide, a distance Of 424,30 feet to the Point of Beginning. Containing 1 .612 acres more or less, of land Subject to easements and restrictions of record. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds 24568 c0mmUniCation frn0 the DirectVr uf FinancS, dOted October 6, l9&8, re LA the Mi�higan Municipal Risk Management Authority was received and placed on file for the information of the Council . 11033-88 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 12, 1988, approved for submission by the Mayor, wherein certain budget adjustments are requested for the current fiscal year, the Council does hereby approve and authorize the budget adjustments in the amounts and for the accounts in the manner and form set forth in the aforesaid communication. 11034-88 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated October 4, 1988, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the preparation of specifications and thereafter the taking of competitive bids for submission to Council for the purchase of Fire Department uniforms for the 1980-89 fiscal year, in accordance with provisions of law and City ordinance. 11035-88 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated October 3, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Breathing Air Systems, Division on Sub-Aquatics, Inc , 8855 East Broad Street, Reynoldsburgh, Ohio 43068, for supplying the Fire Department with one Integrated Breathing Air System for a total cost of $12,907,00, the same having been in fact the lowest and only bid received for this item and meets all specifications. /1038-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 7, 1988, and the report and recommendation of the Acting Chief of police, dated October 14, 1988, in connection therewith, the Council does hereby amend and revise Council Resolution 79-88 adopted on January 27, 1988, so as to have the same read as follows' RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 4, 1988, with regard to a request from Villa DelSignore, Inc. , for a new full year Class C License with Dance-Entertainment Permit, to be located at 39000 Schoolcraft Avenue, Livonia, Michigan 48150, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others" , and the City Clerk is hereby requested to transmit a certified copy of this resolution to the L Michigan Liquor Control Commission. 24569 #1037-88 RESOLVED, that having considered a communication from the Housing Director, dated October 17, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein the Housing Commission recommends certain budget adjustments to complete the 1987-88 fiscal year for Silver Village and City-owned homes, the Council does hereby authorize the budget transfers in the amounts and to the accounts in the manner and form set forth in the aforesaid communication. #1038-88 RESOLVED, that having considered a communication from the Housing Director, dated October 17, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein the Housing Commission recommends the purchase of certain capital equipment for McNamara Towers, as follows. A) Furnish and decorate McNamara Towers #1 Lounge (8th Floor) Carpeting A.R. Kramer Carpet Co. 15986 Middlebelt, Livonia $1 ,041 .00 Couch, 2 Chairs, Table, Lamp Chris Furniture, Inc. 33125 Plymouth, Livonia $1 ,080.00 B) Two 25" Counsel Television Sets for McNamara Towers #1 & #2 Highland Appliance 35615 Warren, Westland $1 ,000.00 C) Piano and Bench for McNamara Towers #1 Community Room the Council does hereby approve the aforesaid purchases and authorizes expenditures in the amount of $5116.00 ($2022 40 from the Senior Citizen Bond Construction Fund and $3093 60 from McNamara Towers Operating Budget) for this purpose #1039-88 RESOLVED, that having considered a communication from the Housing Director, dated October 17, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 12 Compartment Cluster Mailboxes and Pedestals for Silver Village from Herald Sash & Door Company, 20830 Coolidge Highway, Oak Park, Michigan, for the sum of $4,332. 54, the same having been in fact the lowest bid received, said amount to be appropriated and expended from Community Development Block Grant Funds 24570 11040-88 RESOLVED, that having considered a communication from the Housing Director, dated October 17, 1988, approved for L sVbmi5siOn h« thS MOy0r, °hSrein the Housing CommiSsion reqUests -^OpprOv�l 0f the Annual Contributions Contract (ACC) Amendment #7 for Modernization Project Number MI-28-P055905-I, the purpose of which is to install electric smoke detectors in all apartments and common areas and replace existing fire extinguishers in the McNamara Towers #1 and #2, the Council does hereby approve of and concur in such action in the manner and form herein submitted. 11041-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 10, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the employment of James Layman Well Drilling Company for the price of $2000.00 to investigate the water yielding potential of the existing water well at Idyl Wyld Golf Course, and the sum of $2000,00 is hereby appropriated and authorized to be expended from the Capital Projects Fund Account for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as completed. 11042-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 6, 1988, approved for submission by the Mayor, the Council does hereby authorize the release to Mayflower Development, Inc. , 15610 Farmington Road, Livonia, Michigan 48154, the proprietor of N�w Mayflower Estates Subdivision, located in the S.E. 1/4 of Section 4, the financial assurances previously deposited with respect to the General Improvements /$14,008 001 and for Survey Monuments and Lot Markers ($605 00) , pursuant to Council Resolution 944-87 adopted on September 30, 1987 and as subsequently amended by Council Resolution 58-88 adopted on January 27, 1988; all other financial assurances now on deposit with the City, if any, including the sidewalk and the grading and soil erosion control bond, shall remain the same and unchanged, and the action herein being taken is for the reasons indicted 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. 11043-88 RESOLVED, that having considered a communication from the City Planning Commission, dated October 6, 1988, which transmits its resolution 10-184-88 adopted on October 4, 1988, with regard to a sign permit application by Knight Enterprises on behalf of Citgo, Inc for a new monument sign on property located at 33375 Eight Mile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the sign permit application, subject to compliance with the same condition as set forth in the aforesaid recommendation of the Planning Commission. /1044-80 RESOLVED, that having considered a communication from the Department of Law, dated October 10, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the expenditure of a sum not to 24571 exceed $46,000, which expenditure is in addition to the amount of $100,000 authorized in Resolution 1095-86, further, the Council does hereby authorize the aforesaid sum to be paid to the former owners of the property, Frank J Frischkorn and June R. Frischkorn, 690 Fairford Road, Grosse Pointe, Michigan 48236, and the Council does hereby appropriate the aforesaid sum from the unexpended fund balance account for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. #1045-88 RESOLVED, that having considered a communication from the Zoning Board of Appeals, dated October 17, 1988, which bears the signature of the Finance Director, the Council does hereby authorize the following transfers $1000.00 from Travel and Education, 101-815-864-016, to Printing, 101-815-904-000, and $200.00 from Travel and Education, 101-815-864-016 to Office Supplies, 101-815-728-000 for the reasons set forth in the aforesaid communication. #1046-88 WHEREAS, pursuant to the direction of the City Council in its resolution 990-88, adopted on October 10, 1988, 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 October 14, 1988, an assessment roll dated October 14, 1988, for the proposed street improvement consisting of a 31 ' wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II ) on Lyons, Oakley, Santa Anita and Jamison in the N E. 1/4 of Section 24, 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 990-88 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 witthat 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 Monday, December 12, 1988, 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; 24572 lbw 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 December 12, 1988, 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 11047-88 RESOLVED, that having considered a communication dated October 21 , 1988 from Daniel M Sandberg, Corporate Counsel for Meadowdale Foods, Inc. , which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 18, 1988 by the City Planning Commission in its resolution 10-188-88 with regard to Petition 88-8-2-39 submitted by Meadowdale Foods, Inc. , requesting waiver use approval to utilize SDD and SDM licenses in conjunction with a new Great Scott Supermarket to be located within Northridge Commons Shopping Center on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, the Council does hereby designate Monday, December 12, 1988, at 7 00 P.M. , L as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following result. AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor and Feenstra. NAYS: None. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was iww 24573 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 26, 1988, submitted pursuant to Council Resolution 836-88, in connection with the report and recommendation of the Department of Law, dated January 19, 1988, approved for submission by the Mayor, with regard to the offer of Jerry Knoppow and Sharon Knoppow of 33919 Plymouth, Livonia, Michigan 48154 for the purchase of certain City-owned property located at the rear of their property, the Council does hereby determine to take no further action. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, it was #1048-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 26, 1988, submitted pursuant to Council Resolution 836-88, in connection with the report and recommendation of the Department of Law, dated January 19, 1988, approved for submission by the Mayor, with regard to the offer of Jerry Knoppow and Sharon Knoppow of 33919 Plymouth, Livonia, Michigan 48154 for the purchase of certain City-owned property located at the rear of their property, the Council does hereby refer this item to the next regular meeting to be ih. CondW�t8d OO NVYember 2l ^ l9O8, and the Citv PlOnSr is .hereby requested to contact the Knoppows for the purpose of ascertaining when a detailed landscape plan will be submitted in connection with their proposal A roll call vote was taken on the foregoing resolution with the following result. AYES Ochala, Jurcisin, Toy, Bishop, Taylor, Feenstra. NAYS. McCotter The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #1049-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 26, 1988, submitted pursuant to Council Resolution 685-88, in connection with a communication from the City Planning Commission, dated June 28, 1988, which transmits its resolution 6-114-88 adopted on June 21, 1988, with regard to Petition 88-4-8-19, submitted by University Village L Partners, requesting site plan approval in connection with 24574 a proposal to construct a new three-story senior citizen apartment complex on the west side of Harrison between Five Mile and Six Mile Roads in the Southwest 1/4 of Section 13, pursuant to provisions set forth in Section 29.02 of Ordinance 543, as amended, the Council does hereby reject the recommendation of the Planning Commission and Petition 88-4-8-19 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in full compliance with Zoning Ordinance 543, Section 19 06, that relates to the proposed use 2 The proposed use would not be compatible to or in harmony with the surrounding single family residential uses of the area 3 The density of the proposed use and height of the proposed building will be detrimental to the neighboring residential area 4 That traffic to and from the proposed use will burden the local residential street giving access for the reason that the subject site no longer has access to the major thoroughfare of Five Mile Road iimOn a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #1050-88 RESOLVED, that the Council does, in accordance with Section 23.01 (a) of the Livonia Zoning Ordinance, request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether or not certain property located on the west side of Harrison between Five and Six Mile Roads in the Southwest 1/4 of Section 13 should be rezoned from R-9 to a more appropriate zoning classification On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was #1051-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 26, 1988, submitted pursuant to Council Resolution 864-88, in connection with a communication from the City Planning Commission, dated June 1 , 1988, which transmits its resolution 5-89-88 adopted on May 17, 1988, with regard to Petition 88-4-2-17, submitted by William Roskelly requesting waiver 24575 use approval to construct a gasoline service station on property located on the southeast corner of Farmington Road L and Schoolcraft Road (I-96 Service Drive) in the Northwest 1/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 88-4-2-17 is hereby approved and granted, subject to compliance with the same conditions as those set forth in the aforesaid action of the Planning Commission, as well as the additional condition that the unused Easterly portion of subject property cannot be used for any retail or industrial purposes and that any future curb cuts thereon shall be located east of the entrace ramp of the 196 expressway. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Jurcisin, Bishop, McCotter, Taylor NAYS: Toy, The President declared the resolution adDpted. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 11052-80 RESOLVED, that in accordance with Section 23,01 /a\ of the Livonia Zoning Ordinance, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether or not the unused Easterly portion of the property located on the Southeast corner of Farmington and Schoolcraft roads should be rezoned from C-2 to a more appropriate zoning classification. On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, it was #1053-80 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 26, 1988, submitted pursuant to Council Resolution 774-88, in connection with a communication from the City Planning Commission, dated August 2, 1988, which transmits its resolution 7-129-88 adopted on July 26, 1988, with regard to Petition 88-6-2-27, submitted by Bradley S. Rosenberg requesting waiver use approval to operate a restaurant (Subway Sandwich Shop) within the Livonia Plaza Shopping Center located on the south side of Five Mile Road between Bainbridge L and Spanich Court in the Northwest 1/4 of Section 23, which 24576 property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 88-6-2-27 is hereby approved and granted, subject to adherence to the previously approved site plan for the shopping center within which the proposed use is to be located and compliance with the same condition as set forth in the aforesaid action of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result: AYES. Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor NAYS. Feenstra. The President declared the resolution adopted Councilwoman Toy took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTIONS 020, 030, 040, 050, 060, 070, and 080 OF CHAPTER 16 (FIRE PREVENTION CODE) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. L. AYES Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor, Feenstra. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-4-1-9) 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 t'm herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council 24577 Councilwoman McCotter gave first reading to the following Ordinance lbw AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-6-1-16) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council Councilman Ochala gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 88-6-3-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 130 OF TITLE 12, CHAPTER 04 (STREETS AND SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council On a motion by Councilman Taylor, seconded by Councilman Ochala, tw. and unanimously adopted, it was 24578 11054-88 RESOLVED, that having considered a communication frOm the City Assessor, dated October 10, 1988, approved L for submission by the Mayor, with regard to a request from Cassandra Olgren, 9439 Horsemill , Grosse Isle, Michigan 48138, and iaccordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby approve of the division of Tax Item No, 46 090 99 0027 000 into two parcels, the legal descriptions of which shall read as follows PARCEL '/A" Part of the West 1/2 of the Northwest 1/4 of Section 23, Town 1 South, Range 9 East, described as beginning at a point at the intersection of Five Mile and Merriman Roads, thence South 0 degrees 12 minutes 20 seconds West 7051 .02 feet to the point of beginning, thence North 89 degrees 57 minutes East 330.0 feet, thence South 0 degrees 12 minutes 20 seconds East 66.0 feet, thence South 89 degrees 57 minutes West 330.0 feet, thence North 0 degrees 12 minutes 20 seconds West 66 0 feet to the point of beginning, except the Westerly 60 feet used for Merriman Road /120 feet wide), subject to any and all easements and/Or restrictions of record. PARCEL '/8^ L1. Part of the West 1/2 of the Northwest 1/4 of Section 23, Town 1 South, Range 9 East, described as beginning at a point at the intersection of Five Mile and Merriman Roads, thence South 0 degrees 12 minutes, 20 seconds West 985 02 feet to the point of beginning, thence North 89 degrees 57 minutes East 330,0 feet, thence South 0 degrees 12 minutes 20 seconds West 66.0 feet, thence South 89 degrees 57 minutes West 330.0 feet , thence North 0 degrees 12 minutes 20 seconds East 66 0 feet to the point of beginning, except the Westerly 60 feet used for Merriman Road (120 feet wide) , subject to any and all easements and/or restrictions of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds , provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, it was 24579 RESOLVED, that having considered a communication Imo from the Superintendent of Parks and Recreation, dated October 5, 1988, approved for submission by the Finance Director and the Mayor, and which transmits Parks and Recreation Resolution 1993-88, wherein the Commission recommends that various fees and charges be adjusted to offset costs with regard to swimming pools, parks, athletics and printing fees, the Council does hereby concur in and approve of the adjustments in the manner and form set forth in the aforesaid communication. On a motion by Councilwoman McCotter, seconded by Councilman Jurcisin, it was RESOLVED, that the foregoing resolution be amended so as to )rovide that the picnic permit fee for non-residents shall be S25.00. A roll call vote was taken on the motion to amend with the following result: AYES Ochala, Jurcisin, Toy, Bishop, McCotter and Taylor NAYS. Feenstra. The President declared the amendment adopted A roll call vote was taken on the resolution, as amended, as follows* #1055-88 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated October 5, 1988, approved for submission by the Finance Director and the Mayor, and which transmits Parks and Recreation Resolution 1993-88, wherein the Commission recommends that various fees and charges be adjusted to offset costs with regard to swimming pools, parks, athletics and printing fees, the Council does hereby concur in and approve of the adjustments in the manner and form set forth in the aforesaid communication, provided, however, that the picnic permit fee established for non-residents shall be in the amount of $25.00. with the following result AYES. Ochala, Jurcisin, Toy, Bishop, McCotter and Taylor NAYS Feenstra The President declared the resolution, as amended, adopted 24580 On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, it was #1056-88 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 6, 1988, approved for submission by the Mayor, regarding the use of general fund budgets for specific projects by the Historical Commission and the Historic Preservation Commission, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result• AYES Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra. NAYS: Taylor. The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, the following ordinance was moved AN ORDINANCE TO PROVIDE FOR THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, ENLARGEMENT AND EXTENSION OF WATER SUPPLY AND WASTEWATER SYSTEM FACILITIES FOR THE CITY OF LIVONIA, WAYNE COUNTY, MICHIGAN' TO AUTHORIZE THE ISSUANCE OF SELF-LIQUIDATING REVENUE BONDS BY THE CITY OF LIVONIA, PURSUANT TO THE PROVISIONS OF ACT 94, PUBLIC ACTS OF MICHIGAN, 1933, AS AMENDED, FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING, ENLARGING AND EXTENDING SAID FACILITIES TO PRESCRIBE THE FORM OF BONDS TO PROVIDE FOR THE COLLECTION OF REVENUES FOR THE PURPOSE OF PAYING THE BONDS: TO PROVIDE FOR THE PAYMENT AND SECURITY OF SAID BONDS, TO PROVIDE FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS IN ENFORCEMENT THEREOF AND OTHER MATTERS RELATIVE TO SAID BONDS AND SAID SYSTEM AND FOR THE USE THEREOF FOR THE PRESERVATION OF THE PUBLIC HEALTH, SAFETY AND WELFARE A roll call vote was taken on the foregoing Ordinance with the following result' AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor and Feenstra. 24581 iimNAYS: None. -he President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was 11057-88 WHEREAS, the City of Livonia, County of Wayne, State of Michigan (the "Issuer") , has by an Ordinance duly adopted on November 2, 1988, authorized the issuance and sale of Five Million Dollars ($5,000,000) principal amount of the Issuer' s Water Supply and Wastewater System Revenue Bonds, Series 1988 (Limited Tax General Obligation) (the "Bonds") ' NOW, THEREFORE, BE IT RESOLVED THAT. 1 . The Issuer' s Clerk is hereby authorize and directed to fix the date for the sale of the Bonds. 2. The Issuer' s Clerk shall cause a Notice of Sale of the Bonds to be published in The Bond Buyer, published in New York, New York, at least fourteen (14) full days before the date fixed for sale. 3. The Notice of Sale of the Bonds shall be substantially the following form subject to such changes as may be required by an issuer of municipal bond insurance OFFICIAL NOTICE CF SALE $5 , 000 , 000 CITY OF LIVONIA COUNTY OF WAYNE, STATE OF MICHIGAN WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BONDS , SERIES 1988 ( LIMITED TAX GENERAL OBLIGATION ) SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the office of the City Clerk located at Livonia, Michigan 48154 , cn Thursday, the 8th day of December , 1988 , until 11 . 00 o ' clock a .m , Eastern Standard Time , at which time and place 24582 said bids will be publicly opened and read. Sealed bids for the purchase of the above bonds will also be received in the alternative until the same time on the same date at the offices of the ',Iunicipal Advisory Council of Michigan, 1158 First National Building, Detroit, Michigan 48226 , at which time and place said bids will be simultaneously opened and read. The City Council w.11 meet no later than o' clock p.m , on that date , to consider the award or rejection of bids . BOND DETAILS The bonds will be issued in fully-registered form, of the denomination of S5 , 000 or multiples thereof not exceeding for each maturity the aggregate principal amount of that maturity , dated as of December 1 , 1988 , numbered in order of registration, and will zear Interest from their date payable on May 1 , 1989 , and semiannually thereafter . The bonds will mature c-1 the _st day of November of the years as follows $125 , 000 ,989 to 1992 , inclusive , 50 , 000 1993 , 1994 and 1995 ; 175 , 000 1996 ; 200 , 000 1997 and 1998 , 225 , 000 1999 and 2000 ; 250 , 000 2001 , 275 , 000 2002 and 2003 , 300 , 000 2004 ; 325 , 000 2005 ; 350 , 000 2006 ; 375 , 000 2007 , 425 , 000 2008 ; 450 , 000 :009 . PRIOR REDEMPTION: Bonds of this issue maturing in the years 1989 to 1998 , inclusive , are not subject to redemption prior to maturity. Bonds or portions of bonds in multiples of $5 , 000 , maturing in the years 1999 through 2009 , inclusive , shall be subject to redemption, at the option of the City, in such order as the City shall determine and within any maturity by lot , on any interest payment date on or after November 1 , 1998 , at par and accrued Interest to the date fixed for redemption, plus a premium, expressed as a percentage of par as follows 2% of the par value of each bond or portion thereof called for redemption on or after November 1 , 1998 , but prior to November 1 , 1999 ; 24583 ime 1 % of the par value of each bond or portion thereof called for redemption on or after November 1 , 1999 , but prior to November 1 , 2000 , 1% of the par value of each bond or portion thereof called for redemption on or after November 1 , 2000 , but prior to November 1 , 2001 ; of the par value of each bond or portion thereof called for redemption on or after November 1 , 2001 , but prior to November 1 , 2002 , No premium shall be paid on bonds or portions of bonds called for redemption on or after November 1 , 2002 In case gess than the full amount of an outstanding bond _s called for redemption the transfer agent upon presentation of the bond called in part for redemption shall register , authent_cate and deliver to the registered owner a new bond of the same maturity and In the principal amount of the portion of the original bond not called for redemption Notice of redemption shall be given by the transfer ti, agent to the holders of any bond or portion thereof to be redeemed by mailing of such notice not less than thirty ( 30 ) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the City. No further interest shall accrue on bonds called for redemption after the date fixed for redemption, whether such bonds are presented for redemption or not , provided that the C-ty has money available for such redemption INTEREST RATE AND BIDDING DETAILS The bonds shall bear interest at a rate or rates not exceeding 9% per annum, to be fixed by the bids therefor , expressed in multiples of 1/8 or 1/20 of 1% , or both. The interest on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate. The difference between the highest and lowest interest rate on the bonds shall not exceed three percent ( 3% ) per annum. No interest rate bid after the year 1997 shall be less than a preceding interest rate bid. No proposal for the purchase of less than all of the bonds or at a price less than 98-1/2% of their par value will be considered tm TRANSFER AGENT AND REGISTRATION Principal and interest shall be payable at National Bank of Detroit, Detroit , 24584 Michigan, or such other transfer agent as the City may thereafter designate by notice mailed to the registered owners of the bonds not less than 60 days prior to any interest payment :ate. Interest shall be paid by check or draft mailed to the registered owners of the bonds as shown by the registration books of the City on the 15th day of the month preceding any interest payment date. The bonds will be transferable only upon the registration books of the City kept by the transfer agent. PURPOSE AND SECURITY The bonds are issued under the provisions of Act 94 , Public Acts of Michigan , 1933 , as amended, and a certain Ordinance of the City, for the purpose of defraying part of the cost of acquiring and constructing addit_ons , extensions and improvements to the City' s Water Supply and Wastewater System ( the "System" ) The conds are payable primarily from the net revenues of the System and any additions thereto , and a statutory first l_en on said revenues has been established by said Ordinance subject to the lien in favor of the holders of $485 ,00 principal amount of the City' s Water Supply System Revenue Bonds , Series A, B and D, respectively, which have been defeased with U S. Government Obligations pursuant to an Escrow Deposit Agreement between the City and the paying agent for such bonds , dated as of November 1 , 1988 The City has covenanted and agreed to fix and maintain at all times while any of the Series 1988 Bonds shall be outstand_ng such rates for service furnished by the System as shall be sufficient to provide for payment of the necessary expenses of operation, maintenance and administration of the System, of the principal and interest on all of said bonds when due , to create and maintain a bond reserve account therefor , and to provide for such other expenditures and finds for the System as are required by said Ordinance LIMITED TAX FULL FAITH AND CREDIT OBLIGATION As additional security, the City has pledged its limited tax full faith and credit for payment of the principal of and interest on all bonds of this issue and has covenanted to levy sufficient taxes cn all taxable property within the City for such purpose , subject to applicable statutory, constitutional and charter tax rate limitations The rights or remedies of bondholders may be affected by bankruptcy, insolvency, fraudulent conveyance or other laws affecting creditors ' rights generally now existing or hereafter enacted and by the application of general principles of equity including those relating to equitable subordination. 24585 BOND INSURANCE ( "Insurer" ) has issued a commitment for municipal bond insurance regarding the bonds. All bids may be conditioned upon the issuance effective as of the date on which the bonds are issued, of a policy of insurance by the Insurer , insuring the payment when due of the principal of and interest on the bonds . Each bond will bear a legend referring to the insurance. The purchaser, holder or owner is not authorized to make any statements concerning the _assurance beyond those set out here and in the bond legend without the approval of the Insurer. ADDITIONAL BONDS For the terms upon which additional bonds of equal standing with the bonds of this issue as to revenues of the System may be issued reference is made to the above described Ordinance. GOOD FAITH A certified or cashier ' s check in the amount of $100 , 000 , drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City, must accompany each bid as guarantee of good faith on the part of the bidder , to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds . No _nterest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder ' s representative or by registered mail AWARD OF BONDS The bonds will be awarded to the bidder whose bid produces the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from January 1 , 1989 , to their maturity and adding thereto any discount or deducting therefrom any premium LEGAL OPINION Bids shall be conditioned .:pon the unqualified approving opinion of Miller , Canfield, Paddock and Stone , attorneys of Detroit , Michigan, a copy of which opinion will be printed on the reverse side of each bond, and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof. The fees of Miller , Canfield, Paddock and Stone for services rendered in connection with such approving opinion are expected to be paid from bond proceeds. Except to the extent necessary to issue their unqualified approving opinion as to validity of the above bonds , Miller , Canfield, Paddock and Stone has not been requested to examine or review and has -iot examined or reviewed any financial documents , statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds , and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents , statements or materials . 24586 DELIVERY CF BONDS. The City sill furnish bonds ready for execution at its expense . Bonds will be delivered without ir expense to the purchaser at Detroit , Michigan , Chicago, Illinois , New York , New York or such other location as may be mutually acceptable to the City and the purchaser . The , sual closing documents , including a certificate that no litigation s pending affecting the issuance of the bonds , will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve o' clock noon, Eastern Standard Time , on the 45th day following the date of sale , or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds , withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in which event the City shall promptly return the good faith deposit . Payment for the bonds shall be made in immediately available funds Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delliery Unless the purchaser furnishes the transfer agent with a list giving the denominations and lames -n which _t wishes to have the certificates issued at least 5 business days prior to delivery of the bonds , the bonds will be delivered n the form of a single certificate for each maturity registered in the name of the purchaser . CUSIP NUMBERS CUSIP _:_dentification numbers will be printed im on the bonds , but neither the fail-re to print the numbers nor any error with respect thereto shall constitute cause for refusal by the purchaser to accept delivery of the bonds All expenses in relation to the printing of CUSIP numbers shall be paid for by the C_ty except that the CUSIP Service Bureau charge for the assignment of numbers shall be the responsibility of and paid for by the purchaser TAX EXEMPTION In the opinion of bond counsel , assuming compliance with certain covenants by the City, the bonds will be exempt from taxation in the State of Michigan and from Federal income tax subject , -n both cases , to certain exceptions described _n bond counsel ' s opinion. The bonds will not be private activity bonds . The bonds have been designated as "qualified tax exempt obligations" for purposes of deduction of interest by financial institutions . FINANCIAL CONSULTANT. Additional information may be obtained from Stauder , Barch & Associates , Inc. , 3989 Research Park Drive , Ann Arbor , Michigan 48108 , Phone: ( 313 ) 668-6688 THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS ENVELOPES containing the bids should be plainly marked "Proposal for Revenue Bonds" . City Clerk City of L-vonia, Michigan 24587 4 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded impOn a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #1058-88 WHEREAS, pursuant to Act 94, Public Acts of Michigan, 1933, as amended (the "Act"), and separate bond authorizing ordinances of the City Council (the "Ordinances") , the City of Livonia did issue and deliver its $1 ,660,000 Water Supply System Revenue Bonds, Series A, dated as of February 1 , 1952, its $1 ,415,000 Water Supply System Revenue Bonds, Series B, dated as of April 1 , 1954, and its $720,000 Water Supply System Revenue Bonds, Series D, dated as of March 1 , 1960, of which there remains outstanding the principal sums of $225,000, $215,000 and $45,000, respectively (the "Outstanding Bonds") , and WHEREAS, the proceeds of the Outstanding Bonds were used to pay the costs of acquiring and constructing additions, extensions and improvements (the "Projects") to the City' s Water Supply System (the "System") , and WHEREAS, the principal of and interest on the Outstanding Bonds is payable solely and only from the net 1.0 revenues derived from the operations of the System, WHEREAS, the Council has determined that it is in the best interests of the City to provide for the payment of the Outstanding Bonds so that the obligations of the City pursuant to the Ordinances may be extinguished, and WHEREAS, the City does, at the present time, have sufficient funds which are legally available to provide for the payment of the Outstanding Bonds, and WHEREAS, in order to accomplish the payment of the Outstanding Bonds, it is necessary for the City to enter into an Escrow Deposit Agreement with Comerica Bank-Detroit, Detroit, Michigan, as Escrow Agent and to provide for the deposit with the said Escrow Agent of a sufficient amount of funds with irrevocable directions for the purchase of securities necessary to accomplish the defeasance of the Outstanding Bonds in accordance with the terms of the Escrow Deposit Agreement, NOW, THEREFORE, BE IT RESOLVED THAT 1 The Mayor and City Clerk of the City be, and iftw are hereby authorized and directed to negotiate, execute and deliver for and on behalf of the City, an Escrow Deposit Agreement between the City and Comerica Bank-Detroit, said 24588 low Escrow Deposit Agreement to provide by its terms for payment or provision for payment of the Outstanding Bonds in such a fashion so as to cause sufficient moneys to be available to pay the principal of and interest on the Outstanding Bonds so as to make it unnecessary for the City to pay such principal of and interest on the Outstanding Bonds from the revenues of the System 2. The Mayor and City Clerk of the City be, and are hereby authorized to make provision for the acquisition and deposit to the Escrow Agent pursuant to the Escrow Deposit Agreement of all funds and/or securities in sufficient amounts and with irrevocable instructions to purchase securities necessary to provide for the payment of the principal and interest on the Outstanding Bonds and to pay any other costs or charges which may be necessary in order to effect the defeasance of the Outstanding Bonds 3 The Mayor and City Clerk be, and are hereby authorized and directed to execute and deliver such other documents, certificates, agreements and waivers as may be necessary to accomplish the transactions described herein 4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same hereby are rescinded and repealed On a motion by Councilwoman Toy, seconded by Councilman Taylor, it was #1059-88 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 3, 1988, and the report and recommendation of the Acting Chief of Police, dated October 18, 1988, in connection with the request from Elias Party Store, Inc to transfer ownership of 1988 SDM licensed business from Galasakis, Inc located at 36274 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result• AYES. Ochala, Toy, Bishop, McCotter, Taylor, Feenstra NAYS Jurcisin The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was 24589 im• #1060-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 5, 1988, approved for submission by the Mayor, the Council does hereby authorize the release to Pulte Homes of Michigan, 33 Bloomfield Hills Parkway, Suite 220, Bloomfield Hills, Michigan 48013 and G L 0. Inc , 250 Martin, Suite 100, Birmingham, Michigan 48011 , the proprietors of the Coventry Gardens Estates Subdivision, located in the S W. 1/4 of Section 16, the financial assurances previously deposited with respect to the General ($192,000) , Sidewalk ($16,000) , Soil Erosion and Survey Monument bonds ($710.00), pursuant to Council Resolution 478-86 adopted on May 21 , 1986, and 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. On a motion by Councilman Ochala, seconded by Councilman Taylor, it was #1061-88 RESOLVED, that having considered a communication from the City Planning Commission, dated October 6, 1988, which sets forth its resolution 10-185-88 adopted on October 4, 1988, with regard to a request from James R. Hovey for an extension of approval of Petition 86-12-8-65 by Centrum Development relative to site plan approval to construct a three story senior citizen building on the south side of Jamison between Sunbury and Middlebelt Roads in Section 24, previously granted in Council Resolution 843-87, adopted on September 3, 1987, the Council does hereby concur in the recommendation of the Planning Commission and grant the requested extension for a one year period, subject to compliance with all of the conditions set forth in the original site plan approval A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Bishop, McCotter, Taylor, Feenstra NAYS Toy The President declared the resolution adopted 24590 10 Councilman Ochala left the podium at 8 43 PM. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, it was RESOLVED, that having considered a communication from the City Planning Commission, dated September 21 , 1988, which sets forth its resolution 9-163-88 adopted on September 20, 1988, with regard to Petition 88-8-2-35 submitted by The Oil Dispatch, Inc. , requesting waiver use approval to construct a quick oil change facility on property located on the southwest corner of Middlebelt Road and Schoolcraft (I-96 Service Drive) in the Northeast 1/4 of Section 26, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on October 17, 1988, pursuant to Council Resolution 938-88, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 88-8-2-35 is hereby approved and granted. The motion was withdrawn On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was RESOLVED, that having considered a communication from the City Planning Commission, dated September 21 , 1988, which sets forth its resolution 9-163-88 adopted on September 20, 1988, with regard to Petition 88-8-2-35 submitted by The Oil Dispatch, Inc , requesting waiver use approval to construct a quick oil change facility on property located on the southwest corner of Middlebelt Road and Schoolcraft (I-96 Service Drive) in the Northeast 1/4 of Section 26, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on October 17, 1988, pursuant to Council Resolution 938-88, the Council does hereby refer this item to the next regular meeting to be conducted November 21 , 1988 On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, it was RESOLVED, that the Council , in lieu of the foregoing lam substitute a resolution approving the waiver use and deferring action with regard to the site plan to the next regular meeting of November 21 , 1988 24591 lu. A roll call vote was taken on the motion to substitute with the following result AYES Jurcisin, Toy NAYS Bishop, McCotter, Taylor, Feenstra The President declared the resolution to substitute denied. A roll call vote was taken on motion to refer with the following result 11062-88 RESOLVED, that having considered a communication from the City Planning Commission, dated September 21 , 1988, which sets forth its resolution 9-163-88 adopted on September 20, 1988, with regard to Petition 88-8-2-35 submitted by The Oil Dispatch, Inc , requesting waiver use approval to construct a quick oil change facility on property located on the southwest corner of Middlebelt Road and Schoolcraft (I-96 Service Drive) in the Northeast 1/4 of Section 26, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on October 17, 1988, pursuant to Council Resolution 938-88, the Council does hereby refer this item to the next regular meeting to be conducted November 21 , 1988. with the following result AYES Jurcisin, Toy, Bishop, McCotter, Feenstra NAYS Taylor The President declared the resolution to refer adopted Councilman Ochala returned to the podium at 8 53 P M On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #1063-88 RESOLVED, that having considered a communication from the City Planning Commission, dated September 8, 1988, which sets forth its resolution 6-102-88 adopted on June 7, 1988, with regard to Petition 88-4-2-14 submitted by Nancy Barile requesting waiver use approval to operate a sit-down restaurant within an existing building located on the north side of Plymouth Road, west of Merriman Road in the Southeast 1/4 of Section 27, which property is zoned C-2, and the Council having conducted a public hearing with 24592 regard to this matter on October 17, 1988, pursuant to Council Resolution 892-88, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 88-4-2-14 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES. Ochala, Bishop, McCotter, Taylor, Feenstra NAYS: Jurcisin, Toy. The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #1064-88 RESOLVED, that the Council does hereby refer to the Legislative Committee for its report and recommendation the question of permitting sit-down restaurants in C-1 districts. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was 11065-88 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Digitron Packaging, Inc. , dated September 8, 1988, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 49, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i .e. , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Digitron Packaging, Inc. , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8 00 P M , Monday, October 17, 1988 at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. 24593 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council , on the basis of the information received from the applicant, Digitron Packaging, Inc , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P A 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Digitron Packaging, Inc covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 49 for 12 years. A roll call vote was taken on the foregoing resolution with the following result AYES. Jurcisin, Toy, Bishop, McCotter, Taylor NAYS Ochala, Feenstra The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #1066-88 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated September 22, 1988 on all matters required by Sections 3 08.060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on October 24, 1988, after due notice as required by Section 3.08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08 080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of placing approximately 4" of asphalt on the existing roadway (Alternate IV) on Harrison, South of Six Mile Road, in the North 1/2 of Section 13, T.1S. , R 9E. , City of Livonia, Wayne County, 24594 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 September 22, 1988, (4) determine that the estimated cost of such improvement is $48,885.88, (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 $6,297 88 (15% of paving) and $6900.00 (100% of drainage) and that the balance of said cost and expense of said public improvement amounting to $35,688 00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the N. 1/2 of Section 13, T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan described as containing the following described property as indicated on the attached Special Assessment Roll and as shown on the attached Special Assessment 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 lotor parcel of land such relative portions of the whole 16. sum to be levied against all lands in the special assessment district as the special benefits to 24595 such lots or parcels of land bear to the total benefit of all land 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 Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was 11067-88 RESOLVED, that the Council does hereby request that the Director of Public Works submit a report and recommendation on improving the condition and/or maintenance of Harrison, South of Six Mile Road, in the North 1/2 of Section 13 On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was RESOLVED, that the Council does hereby rescind and repeal Council Resolution 233-88 adopted on March 9, 1988, wherein Necessity was approved for a street improvement on Fargo on the basis of an Alternate III improvement and for Sunset and Pembroke on the basis of an Alternate IV improvement A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, McCotter. NAYS Ochala, Jurcisin, Taylor, Feenstra The President declared the resolution denied On a motion by Councilman Ochala, seconded by Councilman Taylor, it was 24596 #1068-88 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 314 for a proposed improvement consisting of a 28 ft. full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) on Fargo and approximately four inches of asphalt on the existing roadway (Alternate IV) on Sunset and Pembroke in Section 2, 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 October 24, 1988 at 7 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 prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No 314, 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 September 19, 1988 in the amount of $153,830 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 314 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments (Alternate III) and ten (10) equal annual installments (Alternate IV) with interest at the rate of eight (8%) per annum on the unpaid balance of the assessment from the date of confirmation 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 adjusted to a rate which is 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 24597 possible. the first installment shall be due and payable December 1 , 1989 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, within sixty (60) days from December 1 , 1989 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1989 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 , 1988, and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) years interest upon all unpaid installments, provided, however, than when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3.08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08.220 then there shall be spread upon the tax roll for such year on the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 15% of the paving costs $27,146 47 and 100% of the drainage costs $47,843 45. A roll call vote was taken on the foregoing resolution with the following result• AYES Ochala, Jurcisin, Taylor, Feenstra. NAYS Toy, Bishop, McCotter. The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was 24598 Imo #1069-88 RESOLVED, that having considered a communication dated October 20, 1988, from the Department of Law transmitting for Council acceptance a Quit Claim Deed more particularly described as Quit Claim Deed dated October 7, 1988, executed by Soave Development II , a partnership, by Anthony P. Soave, Partner, for A part of the southwest 1/4 of Section 4, T 1S ,R 9E. , City of Livonia, Wayne County, Michigan, Commencing at the South 1/4 corner of Section 4, T 1S , R 9E. , proceeding S 89°59' 37: W. 208.00 feet along the South line of said Section 4, thence N. 00°10' 55" E. , 60 feet, thence N 89°59' 37" E , 208 feet, thence S 00°10' 55" W along the North-South 1/4 line of said Section 4, 60 feet to the Point of Beginning. (Seven Mile Road Right-of-Way) the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid quit claim deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #1070-88 RESOLVED, that having considered a communication dated October 21 , 1988, from the Department of Law transmitting for Council acceptance three (3) Grants of Easement, more particularly described as (1 ) Grant of Easement dated September 14, 1988, executed by Paul S Maurer and Lori A Maurer, his wife, for. A twelve (12) foot wide easement being more particularly described as follows That part of Lot 31 , Koloff' s Greenbriar Meadows Subdivision, as recorded in Liber 82, Page 57, Wayne County Records, said subdivision being a part of the N W 1/4 of Section 21 , T 1S ,R.9E , City of Livonia, Wayne County, Michigan, described as a 12 foot wide easement, the centerline of 24599 said easement beginning at a point distant S 1,0 89°17'08" E. 658 06 feet and S 00°02' 32" E. , 244 feet and due East 75 feet from the N.W corner of said Section 21 , proceeding thence East 93.33 feet, thence North 184 feet to the point of ending. (2) Grant of Easement dated September 14, 1988, executed by Paul S Maurer and Lori A Maurer, his wife, for That part of Lot 31 and 32, Koloff's Greenbriar Meadows Subdivision, as recorded in Liber 82, Page 57, Wayne County Records, said subdivision being a part of the N.W. 1/4 of Section 21 , T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, described as the North 18 feet of the East 140 feet of said Lot 31 also the North 18 feet of the West 235 feet of said Lot 32. (3) Grant of Easement dated September 14, 1988, executed by Paul S. Maurer and Lori A Maurer, his wife, for That part of Lot 32, Koloff's Greenbriar Meadows Subdivision, as recorded in Liber 82, Page 57, thr Wayne County Records, said subdivision being a part of the N W. 1/4 of Section 21 , T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, described as the North 12 feet of the South 96 feet of the West 130 feet of said Lot 32. 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 Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #1071-88 RESOLVED, that having considered a communication from the Acting Chief of Police, dated October 17, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept a cash donation of $500 00 from the Kiwanis Club of Livonia, P 0 Box 2393, Livonia, Michigan 48151 , the purpose of which is to purchase supplies for use in the Drug Abuse Resistance Education Program, and the Council does hereby appropriate and authorize 24600 law the transfer of the aforesaid $500 00 to Account 702-000-285- 211 for this purpose. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #1072-88 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated October 18, 1988, approved for submission by the Finance Director and the Mayor, the Council does hereby accept the following donations from the Livonia Anniversary Committee, Inc 1 . Grass Seed valued at $ 1 ,176 00 2. Irrigation gun and pump valued at 5,450.00 3. Electrical panel at Eddie Edgar Agrena valued at 4,618 00 TOTAL DONATIONS $11 ,244.00 On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was Imo #1073-88 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 Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 11074-88 RESOLVED, that the Council does hereby amend Paragraph 4 of Council Resolution 310-88 adopted on April 6, 1988, which confirmed Special Assessment Roll No 303, for a road improvement on streets next to commercial property south of Seven Mile road and on Stamford in the N E 1/4 of Section 9, so as to have the date therein read December 1 , 1988 in lieu of December 1 , 1989, in all other respects, Council Resolution 310-88 shall remain the same and unchanged. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1075-88 RESOLVED, that the Council does hereby amend ibm Paragraph 4 of Council Resolution 779-88 adopted on August 24601 17, 1988, which confirmed Special Assessment Roll No. 305, for a road improvement on Auburndale between Five Mile Road and Myrna in the S W 1/4 of Section 15, so as to have the date therein read December 1 , 1988 in lieu of December 1 , 1989, in all other respects, Council Resolution 779-88 shall remain the same and unchanged. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 11076-88 RESOLVED, that the Council does hereby amend Paragraph 4 of Council Resolution 780-88 adopted on August 17, 1988, which confirmed Special Assessment Roll No. 306, for a road improvement on Parkdale, Van Court and Raleigh in the N.W. 1/4 of Section 32, so as to have the date therein read December 1 , 1988 in lieu of December 1 , 1989, in all other respects, Council Resolution 780-88 shall remain the same and unchanged. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was imp #1077-88 RESOLVED, that the Council does hereby amend Paragraph 4 of Council Resolution 783-88 adopted on August 17, 1988, which confirmed Special Assessment Roll No. 307, for a road improvement on Jarvis, south of Plymouth Road in the S.E. 1/4 of Section 30, so as to have the date therein read December 1 , 1988 in lieu of December 1 , 1989, in all other respects, Council Resolution 783-88 shall remain the same and unchanged. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #1078-88 RESOLVED, that the Council does hereby request the Department of Law and the Inspection Department to prepare their respective reports and recommendations on the possible violation of the City's zoning ordinance by the sale of automobiles by Enterprise Leasing, 31800 Plymouth Road, Livonia, Michigan. ibr 24602 On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1079-88 RESOLVED, that having considered a communication dated October 28, 1988, from Alan Zack, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 18, 1988 by the City Planning Commission in its resolution 10-192-88 with regard to Petition 88-9-2-44 submitted by Alan Zack, requesting waiver use approval to operate an auto body shop within an existing building located on the east side of Stark Road, south of the C & 0 Railway in the Southeast 1/4 of Section 28, the Council does hereby designate Wednesday, December 14, 1988 at 8.00 P.M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1080-88 RESOLVED, that having considered a communication dated October 27, 1988, from Scott R Williams, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 18, 1988 by the City Planning Commission in its resolution 10-189-88 with regard to Petition 88-8-2-41 submitted by Scott R Williams, requesting waiver use approval to establish seating within an existing carry-out delicatessen (N Y Deli ) located in Fountainview Plaza on the west side of Newburgh Road between Seven Mile Road and Northland Road in the Southeast 1/4 of Section 6, the Council does hereby designate Wednesday, December 14, 1988 at 8.00 P M as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. 24603 On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1081-88 RESOLVED, that having considered a communication dated October 23, 1988, from Robert N. Davis, which in accordance with the provisions of Section 19.08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 18, 1988 by the City Planning Commission in its resolution 10-197-88 with regard to Petition 88-7-2-28 submitted by R & M Clinic, requesting waiver use approval to establish a child care center within an existing building located on the east side of Levan Road between Five Mile Road and Jamison Drive in the Northeast 1/4 of Section 20, the Council does hereby designate Wednesday, December 14, 1988 at 8 00 P M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1082-88 WHEREAS, pursuant to the direction of the City Council in its resolution 1018-88, adopted on October 19, 1988, 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 October 26, 1988 an assessment roll dated October 26, 1988, for the proposed improvement consisting of a 31 foot wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II ) on Floral , Seven Mile to Curtis, and Clarita and Pickford, Deering to West of Floral in the Northeast 1/4 of Section 12 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 1018-88, THEREFORE, BE IT RESOLVED, that the said roll is hereby Laccepted by the City Council , that it is hereby ordered to be filed in the office of the City Clerk for public 24604 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, December 14, 1988 at 8:00 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 December 14, 1988; 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 IwoOn a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1083-88 WHEREAS, pursuant to the direction of the City Council in its resolution 960-88, adopted on September 28, 1988, 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 October 26, 1988 an assessment roll dated October 26, 1988, for the proposed improvement consisting of a 28 foot wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) on Greenland, West of Middlebelt and Henry Ruff, Greenland to Puritan, in the North 1/2 of Section 14 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 960-88, 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 Lexamination, 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, 24605 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, December 14, 1988 at 8:00 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 December 14, 1988 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. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was ibm #1084-88 WHEREAS, pursuant to the direction of the City Council in its resolution 961-88, adopted on September 28, 1988, 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 October 26, 1988 an assessment roll dated October 26, 1988, for the proposed improvement consisting of approximately 4" of asphalt over the existing roadway, approximately 16' wide, (Alternate IV) on Wentworth, West of Middlebelt, in the Southeast 1/4 of Section 14 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 961-88; 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, 24606 on Wednesday, December 14, 1988 at 8:00 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 December 14, 1988 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 On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, this 1 ,140th Regular Meeting of the Council of the City of Livonia was adjourned at 9.25 P.M , November 2, 1988. ims Robert F. Nash, City Cle