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HomeMy WebLinkAboutCOUNCIL MINUTES 1988-02-24 23961 tio MINUTES OF THE ONE THOUSAND ONE HUNDRED AND TWENTY THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 24, 1988, 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, Gerald Taylor, Ron Ochala and Dale Jurcisin Absent Joan McCotter, representing the City at the Chamber of Commerce First Citizen Award Dinner Elected and appointed officials present Robert F Nash, City Clerk, George Weible, Assistant City Attorney, John Nagy, Planning Director, Raul Galindo, City Engineer, Marilyn Kazmer, Director of Administrative Services, David Preston, Finance Director, Suzanne Wisler, Director of Community Resources and James McCann, Planning ILCommission On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #149-88 RESOLVED, that the minutes of the 1 ,122nd Regular Meeting of the Council of the City of Livonia, held February 10, 1988 are hereby approved On a motion unanimously moved, seconded and adopted, it was 1150-88 WHEREAS, the City of Livonia wishes to commend and congratulate a group of young ladies who are deserving of special recognition as members of the Livonia-Y Hawks girls U-19 soccer team, and WHEREAS, the Hawks are the current M SYS A state champions as well as champions of the Little Caesar' s Premier League, and WHEREAS, the Hawks are coached by Paul Dugan whose teams have won five state and seven consecutive league championships, and 23962 WHEREAS, as state champions the girls will represent L Livonia, ds well as th8 State of Michigan, at the MidweSt Regional Tournament to be held next July at Indianapolis, Indiana , and WHEREAS, in their travels the girls have always exemplified all that is good in today' s youth and have exhibited not only their love for the game but good sportsmanship and fair play, NOW, THEREFORE, BE IT RESOLVED, that the City Council takes this opportunity congratulate the Livonia-Y Hawks and Coach Paul Dugan and add our best wishes for success as Livonia ' s and the State of Michigan' s soccer representatives A plaque of recognition and thanks was given to Marilyn Kazmer, former Director of Legislative Affairs and now Director of Administrative Services, for her many years of service in the Council Office A communication from the Finance Director, dated February 16, 1988, re Michigan Municipal Risk Management Authority Financial Reports was received and placed on file for the information of the Council On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, it was #151-80 RESOLVED, that having considered a letter from the YMCA Auction Co-Chairperson, dated January 25, 1988, wherein a request is submitted for the use of the Civic Center Library (auditorium) in November, 1988, for the purpose of conducting the Y' s annual auction to raise funds for the "Invest in Youth Campaign" and for a waiver of all fees and charges in connection therewith, the Council does hereby approve and grant this request #152-88 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 22, 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 Foster Flooring Corporation, 30681 Wixom Road, Wixom, Michigan 48096, for installing resilient athletic surfacing in the Police Department detoxification cells for the price of $4,421 00, the same having been in fact the lowest and only bid received and meets specifications � 1153-88 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 1 , 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the 23963 bid of U.S Standard Sign Company, Inc. , P 0 Box 4005, Toledo, NL- Ohio 43609, for supplying the Public Service Division (Sign Maintenance Section) with aluminum sign blanks at the unit prices bid as shown in the attachment and for a total estimated price in the amount of $6,889 00, the same having been in fact the lowest bid received and meets all specifications 1154-80 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated February 2, 1988, approved for submission by the Director of Finance and the Mayor, the Council does hereby authorize the taking of competitive sealed bids for the sale of the Fire Department' s five (5) rescue vehicles, five (5) pumpers and one (1 ) heavy duty rescue vehicle, such bidding to be done by two separate bids as detailed in the aforesaid communication and in accordance with provisions of law and City ordinance 1155-88 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated January 14, 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 the purchase of an integrated breathing air system as detailed in the aforesaid communication and in accordance with provisions of law and City ordinance L ����-�B �E�OLVED, that having considered the report and recommendation of the Director of Public Works, dated February 4, 1988, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of C E Pollard Company, 13575 Auburn, Detroit, Michigan 48223, for supplying the Public Service Division (Road Maintenance Section) with two (2) 5-7 yard dump bodies and hoists for a total price of $7,898 00, the same having been in fact the lowest bid received and meets all specifications 1157-88 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 5, 1988, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the purchase from Berger Chevrolet, Inc 2525 28th Street, S E , Grand Rapids, Michigan 49508, of a 3/4 ton pickup truck for a total price of $9,632 25, further, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the 8dditiundl reasons indicated in the aforesaid communication , and such action is taken in accordance with the provisions set forth in Section 3 O4.14O,D 5 of the Livonia Code of Ordinances, as amended, and the Council does hereby reject the competitive bids received L with respect to this item in accordance with Section 3 04. 140 C of the Livonia Code of Ordinances, as amended 23964 Nm. #158-88 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 9, 1988, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the adjusted bid of Jerry Bielfield Co , 8333 Michigan Avenue, Detroit, Michigan 48210, for supplying the Public Service Division (Road Maintenance Section) with two cabs and chassis - single axle for a net price of $45,172 56, based on a total price of $50,172 56 less trade-ins of $5,000 00, the same having been in fact the lowest bid received and meets all specifications. #159-88 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Court Administrator, dated February 9, 1988, approved by the District Judges and the Director of Finance and approved for submission by the Mayor, and the attached final estimate, dated February 3, 1088, the Council does hereby authorize final payment in the amount of $4,327 00 to Cadillac Glass Company, 11801 Commerce, Warren, Michigan 48089, which sum includes the full and complete balance dues on a contract dated June 3, 1987, in the amount of $20,325 00, the actual contract amount completed to date being $24,652 00, in connection with the glass and framing system replacement at the 16th District Court, it appearing from the aforementioned report that all work under the said contract � has been completed in accordance with City standards and specifications, and for this purpose the aforesaid sum of $4,327 00 is hereby transferred from accounts 101-141-976.000.000 and 113. 141-976 000.000 1160-88 RESOLVED, that having considered a communication from the City Engineer, dated January 19, 1988, approved for submission by the Mayor, with regard to Council Resolution 704-86, which referred the matter of the proposed paving of Northland, St. Martins and Bethany to the Engineering Department for the preparation of a Special Assessment District, the Council does hereby take this means to request that the Engineering Department proceed with the preparation of the said Special Assessment District, the Necessity of which should thereafter be considered at a public hearing established for this purpose #161-88 RESOLVED, that having considered a communication from the City Clerk, dated February 10, 1988, which indicates that the proprietor of Livonia Executive Park Subdivision No. 1 /fOr0erly 3 I J L Subdivision) , situated in the Northeast 1/4 of Section 27 , has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval , and the Council having received a communication from the City Planning Commission, dated February 11 , 1980, wherein said Commission approves the final plat for the said subdivision L in its resolution 2-22-88, adopted on February 9, 1988, and the Council having considered a report from the City Engineer 23965 dated February 9, 1988, recommending approval of the final plat 160. uf ��id �ubdiVi�iOn, thS pr�li�in�ry plat Of which w�� ��pr�vgd by the Council in its resolution 219-87, adopted on March 11 , 1987, said preliminary plat having been recommended for approval by the City Planning Commission on June 17, 1986 in its resolution 6-164-86, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Livonia Executive Park Subdivision No 1 (formerly S I J.L Subdivision) , located in the Northeast 1/4 of Section 27, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia , and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #162-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 4, 1988, approved for submission by the Mayor, the Council does hereby determine to amend Item No 7 of Council Resolution 685-87, adopted on August 10, 1987, so as to reduce the financial assurances now on deposit with the City for general improvements in the Carrington Estates Subdivision located in the Northwest 1/4 of Section 9 to $2,000 00 cash, and the financial assurances N| now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City, including those for sidewalk improvements, shall remain the same and unchanged #163-80 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1 , 1988, which transmits its resolution 1-15-88, adopted on January 26, 1988, with regard to Petition 87-9-3-9, submitted by James P Harms, requesting the vacating of a 10 foot wide drainage easement located on the West side of Fitzgerald, North of Seven Mile Road in the Southwest 1/4 of Section 5, the Council does hereby concur with the recommendation of the City Planning Commission and does grant and approve the said Petition 87-9-3-9, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #164-88 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1 , 1988, which transmits its resolution 1-14-88, adopted on January 26, 1988, with regard to Petition 87-11-3-10, submitted by Gary L Walker, requesting the vacating of a storm sewer easement located South of Five Mile between Henry Ruff Road and Bainbridge Avenue in the Northwest 1/4 of Section 23, the Council does hereby concur with the recommendation of the City Planning Commission and NL does grant and approve the said Petition 87-11-3-10, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution 23966 L #165-88 RESOLVED, that having considered a communication from the City Planning Comnission, dated February 1 , 1988, which transmits its resolution 1-18-88, adopted on January 26, 1988, wherein the Commission did amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to change the designation of property located on the West side of Newburgh Road, South of Seven Mile Road in the East 1/2 of Section 7 from recreation/open space to low-density residential , the Council does hereby certify and acknowledge receipt of such action. #166-88 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated February 8, 1988, approved by the Finance Director and approved for submission by the Mayor and wherein it is recommended that the fee per plot for the community gardens at Greenmead be increased from $7.50 per plot per garden season to $12,00 per plot per garden season, the Council does hereby concur in and approve of such action #167-88 RESOLVED, that having considered a communication from the Principal of the Livonia Career Center, dated February 1 , 1988, wherein an offer to purchase certain City-owned property is submitted as follows 11884 Camden, Livonia (64 50' x 190' ) for $5,600 lim 11684 Cardwell , Livonia 4O` x l35' f0r l ,�OO 18439 Middlebelt, Livonia (75' x 148' for 7 ,000 18453 Middlebelt, Livonia 80' x 148' ) for 7,000 18469 Middlebelt, Livonia (80' x 148' ) for 7 ,000 $27,600 the Council does hereby refer this item to the Department of Law for its report and recommendation #168-88 RESOLVED, that having considered a communication from the Department of Law, dated February 5, 1988, approved by the Superintendent of Parks and Recreation and submitted pursuant to Council Resolution 11-88 and which submits documentation for the lease concessions of Eddie Edgar Ice Arena, Devonaire Ice Arena and Ford Field, the Council does hereby refer this item to the Committee of the Whole for its report and rgcOmnendatiOn #169-88 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated February 8, 1988 and submitted in connection with Council Resolution 75-88 with regard to the creation of a deposit and/or earnest money requirement to be used in the sale of City-owned property, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation 23967 1170-88 WHEREAS, pursuant to the direction of the City Council 1~- in it� r�SVluti�n �l3-87, �dOptgd 0n July l , lQ87, �Od in accordance with Section 3 08 140 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 12, 1988 an assessment roll for a proposed street lighting improvement consisting of the installation of 100 watt high pressure sodium lights on colonial post tops with underground wiring in Prides Court Subdivision located in the Northeast 1/4 of Section 7 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 613-87 , THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council , that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3.08 110 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, March 30, 1988, at 8 00 P M to review L thS said 3pecial AsSg5sm2nt R0ll at which time and pldCe opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of March 30, 1988, the City Clerk is also direc ed 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. #171-88 WHEREAS, pursuant to the direction of the City Council in its resolution 1170-86, adopted on December 6, 1986, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 28, 1988 an assessment roll for the proposed street improvement of Seven Mile Super Highway Subdivision, located in the Northeast 1/4 of Section 9, with 31 ' wide full-depth asphalt pavement with concrete curbs and gutters (Alternate Vn the streets next to the cOmfferciol property south 0f 5eYen Mile R0ad dnd 4 inche3 8f asphalt over the existing r0adway, LII ) 20 ft to 22 ft wide (Alternate IV) over the balance of the streets containing the special assessments to be assessed and 23968 levied, respectively, in the proposed special assessment district Imo h�rgt�f0r� g�t�bliShed f�r th9 �VnstructiVn �Od ���rdtiVn �f the proposed improvement in said district as designated in Council Resolution 1170-86, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council , that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, March 30, 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 March 30, 1988, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class L 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 #172-88 RESOLVED, that having considered a communication from the City Engineer, dated February 8, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, and submitted pursuant to Council Resolution 576-87, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Antago, Seven Mile to Vassar, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, L specifications and recommendations have been properly filed bv the City Engineer with the Ci1y Clerk und2r date of February '8, 1988, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of 23969 Ordinances, as amended, the Council does hereby set Wednesday, N& March 30, 1988 at 8 00 P Mas the date and time for a public - hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia , Michigan, pursuant to Section 3 08 070 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08 070 of said Code. A roll call vote was taken on the foregoing resolutions with the following result. AYES: Ochala, Jurcisin, Toy, Bishop, Taylor, Feenstra. NAYS: None Councilman Ochala took from the table and gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING APTICLE III OF ORDINANCE NO. � 543, AS AMENDED, KNOWN AND CITED AS "THE NL- CITY OF LIVONIA ZONING ORDlNANCE./ BY ADDING SECTION 3 THERETO (Petition 87-9-1-33\ A roll call vote was taken on the foregoing Ordinance with the following result AYES. Ochala, Jurcisin, Toy, Bishop, Taylor, Feenstra NAYS, None The President declared the Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 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 87-10-1-36\ 23970 II. 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 Bishop 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 "TME CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition 87-7-1-27) 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 lw. meeting of the Counril . On a motion by Councilman Taylor, seconded by Councilman Bishop, it was WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of 10 942 acres lying in the Southwest 1/4 of Section 26, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 49" , and WHEREAS, written notice has been given by certified mail to Ternes Land Development Company, Division of Howard Ternes Packaging Company, a Delaware Corporation, of the Council ' s pending action on this resolution and of its right to a hearing L on the establishment of proposed City of Livonia Industrial Development District No 49, and 23971 irsWHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 49, and WHEREAS, on February 1 , 1988 a public hearing was held on the establishment of proposed City of Livonia Industrial Development Development District No 49, at which time Ternes Land Development Company, and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ) , and a representative of Hy-Tek Systems, Inc , attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area eescribed above 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 49 " EXHIBIT A PLYMOUTH ROAD INDUSTRIAL SUB WHICH IS PART OF THE SOUTHWEST 1/4 OF SECTION 26, TOWN 1 SOUTH, RANGE 9 EAST, LIBER 96, PAGE 6, 7, & 8, WAYNE COUNTY RECORDER, LOT 7 10 942 ACRES. A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Bishop, Feenstra NAYS. Ochala, Jurcisin, Toy The President declared the resolution denied The Chair directed that this item, again, be referred to the next regular meeting for a full complement of the Council On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was #173-88 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 19, 1988, approved for submission by the Mayor and submitted pursuant 23972 Ibmto Council Resolution 692-87 in connection with an offer of $15,000 00, submitted on behalf of Jerry and Sharon Knoppow for the purchase of certain City-owned property located at the rear of 33919 Plymouth Road, 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, Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was RESOLVED, that having considered a revised site plan, dated February 16, 1988, submitted by Michael Boggio Associates in connection with Petition 87-5-2-16, which petition was approved in Council Resolution 679-87, granting waiver use approval to Imi construct a retail shopping plaza on the south side of Five Mile between Bainbridge and Spanich Court in the Northwest 1/4 of Section 23, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Bishop, seconded by Councilman Taylor, it was RESOLVED, that the Council does hereby determine to substitute, in lieu of the foregoing resolution, a resolution which would approve the building configuration of the East end of the site plan and refer the elevation of the East end to the Committee of the Whole for its report and recommendation A roll call vote was taken on the motion to substitute with the following result AYES: Jurcisin, Bishop, Taylor, Feenstra NAYS. Ochala, Toy The President declared the motion to substitute adopted On a motion by Councilman Bishop, seconded by Councilman Taylor, it was 23973 L #174-88 RESOLVED, that having considered a revised site plan, dated February 16, 1988, submitted by Michael Boggio Associates in connection with Petition 87-5-2-16, which petition was approved in Council Resolution 679-87, granting waiver use approval to construct a retail shopping plaza on the south side of Five Mile between Bainbridge and Spanich Court in the Northwest 1/4 Of Section 23, the Council does hereby approve the building configuration of the East end of the site plan and refer the elevation of the East end 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 Jurcisin, Bishop, Taylor, Feenstra NAYS Ochala, Toy The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Taylor, Land unanimously adopted, it was #175-88 RESOLVED, that having considered a communication from the City Assessor, dated February 8, 1988, approved for submission by the Mayor, with regard to a request from Michael Siggia, 38121 Plymouth Road, Livonia, Michigan 48150, 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 Tax Item No 46 090 99 0026 000 intc two parcels, the legal descriptions of which shall read as follows PARCEL 1 The North 66 00 feet of the East 270 00 feet of the West 330 00 feet of the South 132.00 feet of the North 985 00 feet of the Northwest 1/4 of Section 23, T 1 S , R 9E , City of Livonia, Wayne County, Michigan Containing 0 41 acre Subject to easements of record PARCEL 2 The South 66 00 feet of the East 270 00 feet of the West 330 00 feet of the South 132 00 feet of the North 985 00 feet of the Northwest 1/4 of Section 23, T l S , R 9 E , City of Livonia, L Wayne C0uOty, MiChiganea3ements Of recOrdC0ntdining 0 4l acrg 5ub 'e[t tV 23974 shVwn on the map attachgd t0 the afnresaid cVnnnunication Las 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 Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #176-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 22, 1987, and the report and recommendation of the Chief of Police, dated February 8, 1988, in connection therewith, the Council does hereby approve of the request from General Mills Restaurants, Inc, , for transfer of ownership of a 1987 Class C licensed business from Mike Kelly' s Landing of Livonia, Inc , which business is located at 14000 Middlebelt, Livonia, Michigan 48154, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission LOn a motion by Councilman Taylor, seconded by Councilman Ochala, it was 1177-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 5, 1988, approved for submission by the Mayor with regard to providing a water service extension to the Glen Eden Cemetery, the Council does hereby request and authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute an agreement for a ten (10) foot wide private easement across City-owned property located in the Southeast 1/4 and the Northeast 1/4 of Section 5, which would enable the Glen Eden Lutheran Church, an Ecclesiastic Corporation, 35875 West Eight Mile Road, Livonia, Michigan 48152, to install and maintain a private three (3) inch water service across the following described City-owned property: The North 10 feet of the East 1100 feet of the following parcel of land The S E. 1/4 of Section 5, T lS ,R 9E , City of Livonia, Wayne County, Michigan, the South 396 feet of the East 247 5 feet of the West 412 50 feet thereof, also except the South 716 feet � of the East 247 5 feet of the West 1/2 of the West 1/2 of said S E. 1/4 of Section 5. 23975 and --- The West 10 feet of the East 1100 feet of the following parcel of land That part of the N E 1/4 of Section 5, T lS ,R 9E , City of Livonia, Wayne County, Michigan, described as beginning at the East 1/4 corner of said Section 5, proceeding thence Due West along the East and West 1/4 section line of said Section 5, 1569 94 feet, thence N 45 degrees E. , 14 14 feet thence due East, 1559 94 feet to the East line of said Section 5, thence due South along said East line, 10 0 feet to the point of beginning and the Department of Law is hereby requested to prepare an appropriate document of conveyance in order to fulfill the purpose of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Toy, Bishop, Taylor NAYS Feenstra The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #178-88 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1 , 1988, which transmits its resolution 1-11-88, adopted on January 26, 1988, with regard to Petition 87-11-2-56, submitted by Michael Cardasis, requesting waiver use approval to provide seating within an existing carry-out restaurant located within the Daniel Shopping Plaza on the Southeast corner of Plymouth and Levan in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-11-2-56 is hereby approved and granted, such approval to be based upon the same condition as set forth in the aforesaid recommendation of the Planning Commission, that customer seating shall be limited to 45 seats A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Toy, Bishop, Taylor LMAY5 Feenstra The President declared the resolution adopted 23976 On a motion by Councilman Taylor, seconded by Councilwoman Toy, 11.0. it was #179-88 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1 , 1988, which transmits its resolution 1-12-88, adopted on January 26, 1988, with regard to Petition 87-12-2-57, submitted by Ken Bryant, requesting waiver use approval to expand an existing restaurant located on the South side of Seven Mile Road, East of Middlebelt in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-12-2-57 is hereby approved and granted, such approval to be based upon the same condition as set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES* Jurcisin, Toy, Bishop, Taylor NAYS Ochala, Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Bishop, it was #180-88 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1 , 1988, which transmits its resolution 1-13-88, adopted on January 26, 1988, with regard to Petition 87-12-2-58, submitted by Schostak Brothers & Company, requesting waiver use approval to establish a restaurant within the Wonderland Mall Shopping Center, located at the Southwest corner of Plymouth and Middlebelt Roads in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-12-2-58 is hereby approved and granted, such approval to be based upon the same condition as set forth in the aforesaid recommendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES. Jurcisin, Toy, Bishop, Taylor NAYS Ochala, Feenstra ifte The President declared the resolution adopted 23977 lowOn a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was 1181-88 RESOLVED, that having considered a communication from the Department of Law, dated February 5, 1988, approved by the City Engineer and the Finance Director, and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Newburgh Road right-of-way located in Section 31 , owned by Helen Potter, which land is more particularly described as follows Lots 2 and 3, Horton's Newburgh Subdivision, as recorded in Liber 37 of Plats, Page 67, Wayne County Records (37410 37414 Ann Arbor Trail , Livonia, Michigan - Tax Item Nos 46-121-02-0002-001 & 46-121-02-0002-002) subject to the following conditions 1 that the purchase price shall be in the sum of $36,500 00, 2 that the City of Livonia shall pay Charles W Allen, Jr the sum of $400 00 for the appraisal of this property, 1610 3 that the City of Livonia shall pay for the cost of title work in the sum of $250 00, and 4 that the City' s portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $1150 00 BE IT FURTHER RESOLVED, that a sum not to exceed $38,300 00 is hereby appropriated and authorized to be expended from the 7.9 Million Dollar General Obligation Road Improvement Bond Issue for the acquisition of the said right-of-way, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #182-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 1 , 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information in connection with Brightmoor Home Acres Subdivision (S A D 288) , the Council does hereby determine as follows 23978 a To authorize reducing the assessments as set forth in the confirmed assessment roll for S A D 288, the revised assessments to be based upon an assessment rate of $9 24 p f f rather than $11 60 p f f , b To establish the final project cost at $303,429 91 , of this total , $221 ,411 36 is to be charged to the special assessment district and $82,018 55 is to be assumed by the City' s Motor Vehicle Highway Fund receipts, c To authorize the City Assessor to increase the assessment for parcels listed in Attachment III so as to include the cost of additional work requested by homeowners within the assessment district, and d To authorize an expenditure in the amount of $303,429 91 from the $7 9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($221 ,411 36) and the next Motor Vehicle Highway Fund (M V H F ) receipts ($82,018 55) On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #183-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 1 , 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information in connection with Curtis Avenue, West of Merriman (S A D 292) , the Council does hereby determine as follows a To authorize reducing the assessments as set forth in the confirmed assessment roll for S A D 292, the revised assessments to be based upon an assessment rate of $8 29 p f f rather than $11 00 p f f , b To establish the final project cost at $25,084 93, of this total , $21 ,511 11 is to be charged to the special assessment district and $3,573 82 is to be assumed by the City' s Motor Vehicle Highway Fund receipts, c To authorize the City Assessor to increase the assessment for parcels listed in Attachment III so as to include Imp the cost of additional work requested by homeowners within the assessment district, and d To authorize an expenditure in the amount of $25,084 93 from the $7 9 million General Obligation Road Improvement 23979 Bond Issue with the provision that the Bond Issue be Lreimbur5ed at such time as funds are available from the next Special Assessment Paving Bond Issue /$21 ,511 11 ) and the next Motor Vehicle Highway Fund (M.V.H.F. ) receipts /$3,573.82\. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was 1184-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 1 , 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information in connection with Myrna, Hubbard to Loveland (S.A D 287) , the Council does hereby determine as follows a. To authorize reducing the assessments as set forth in the confirmed assessment roll for S A D 287, the revised assessments to be based upon an assessment rate of $8 31 p f.f. rather than $8 90 p f f , b. To establish the final project cost at $27,222 57, of this total , $23,223.36 is to be charged to the special � assessment district and $3,999 21 is to be assumed by the City' s s M8tOr Vehicle Highway Fund receipts, C To authorize the City Assessor to increase the assessment for parcels listed in Attachment III so as to include the cost of additional work requested by homeowners within the assessment district, and d. To authorize an expenditure in the amount of $27 ,222 57 from the $7 9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($23,223 36) and the next Motor Vehicle Highway Fund (M V.H.F ) receipts ($3,999 21) On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was 1185-88 RESOLVED, that having considered a communication from the Director of Community Resources , dated February 11 , 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does for and on behalf of the City N�- of Livonia, accept a cash donation in the amount of $2,000 00 from the Livonia Anniversary Committee, Inc , the purpose of 23980 Iwowhich is to provide additional funding for the Youth Assistance Program, further, the Council does hereby appropriate $2,000. 00 to be added to Account No 702-000-285-215 in order to fulfill the purpose of this donation. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 1186-88 RESOLVED, that having considered a communication dated February 16, 1988, from the Department of Law transmitting for Council acceptance a Quit Claim Deed, more particularly described as Quit Claim Deed dated January 19, 1988, executed by Richard Gallagher and Gladys Gallagher, his wife, and Jose Evangelista and Stella Evangelista, his wife, for Beginning at the Southeast corner of Lot 116 of Alden Village Subdivision (L. 66, P. 78) and proceeding thence S. 70°46' 31" East 20 55 feet, thence S 88°20'40" East Iwo 175 feet; thence along a curve to the left radius 145 feet; central angle 36°19'24" an arc distance of 91 .92 feet and whose chord bears N 73°29' 39" East 90.39 feet, thence along a curve to the right radius 66 feet , and central angle 287°21 ' 11" an arc distance of 291 028 feet , thence along a curve to the left radius 145 00 feet; central angle 36°19'24" an arc distance of 91 .92 feet and whose chord bears N 70°10'58" West 90 39 feet, thence N. 88°20'40" West 175 00 feet, thence S 87°12'35" West 32.97 feet, thence N 15°03' 10" East 60. 18 feet to the Point of Beginning. (Capitol Road Right-of-Way) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution AND BE IT FURTHER RESOLVED, that said street is a public street and is for public street purposes, and FURTHER, that said street is accepted into the City Local Street System On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 23981 lbw 0187-88 RESOLVED, that having considered a communication dated February 16, 1988, from the Department of Law transmitting for Council acceptance two Grants of Easement, more particularly described as (1 ) Grant of Easement dated January 19, 1988, executed by Richard Gallagher and Gladys Gallagher, his wife, and Jose Evangelista and Stella Evangelista, his wife, for: Part of the Southeast 1/4 of Section 28, T 1S ,R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 15°03' 10" West 243 92 feet and S 88°20'40" East 376 09 feet and N. 0] °39'20" East , 140.08 feet and along a curve to the left , radius 66 00 feet , central angle 50°55'27 .5". An arc distance of 58.658 feet and whose chord bears N 64°32' 16" East , a distance of 56. 745 feet, from the Southeast corner of Lot 116, Alden Village Subdivision, Liber 66, Page 78, Wayne County Records to the point of beginning of the 12 foot wide storm easement and proceeding thence 13.869 feet along a curve to the left radius 66 feet, central angle 12°2'24" and a chord of 13.844 feet, thence N 88°20'40" East, 17.53 feet, thence S 1°39'20" West 12 feet, thence N. 88°20'40" imm West 24 47 feet to the point of ending of the easement. (2) Grant of Easement dated January 19, 1988, executed by Richard Gallagher and Gladys Gallagher, his wife, and Jose Evangelista and Stella Evangelista, his wife, for Part of the Southeast 1/4 of Section 28, T 1S ,R.9E , City of Livonia , Wayne County, Michigan described as beginning at a point distant S. 15°03' 10" West 60. 18 feet from the South- east corner of Lot 116, Alden Village Subdivision, Liber 66, Page 78, Wayne County Records, and proceeding thence; N. 87°12'35" East 32 97 feet ; thence S. 88°20'40" East 175.00 feet , thence 59 40 feet along a curve to the right radius 145.00 feet central angle 23°28'24" thence N 88°20'40" West 232. 75 feet, thence S 87°12'35" West 36 20 feet on and across Lot No. 117, Alden Village Subdivision, thence N 74°56'50" West 103 feet , thence N 15°03' 10" East 12 feet ; thence along a curve to the left radius 1335 54 feet ; central angle 4°17 ' 39" an arc distance of 100 09 feet and whose chord bears S. 77°5'40" East 100.07 feet to the point of ending of the easement . the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the office of 23982 the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 1188-88 RESOLVED, that having considered a communication from the Department of Law, dated February 2, 1988, submitted pursuant to Council Resolution 399-87, transmitting for Council acceptance a warranty deed dated May 28, 1987, executed by Richard C. Weir and Pamela A. Weir, his wife, conveying to the City certain property described as follows Land in the City of Livonia, County of Wayne and State of Michigan, to wit Lot 735, Supervisor' s Livonia Plat No 12, as recorded in Liber 66, Page 65 of Plats, Wayne County Records the Council does hereby determine, for and in behalf of the City of Livonia to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things � necessary or incidental to fulfill the purpose of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #189-88 RESOLVED, that having considered a communication from the Department of Law, dated February 5, 1988, submitted pursuant to Council Resolution 39-88, transmitting for Council acceptance a warranty deed dated February 3, 1987 , executed by Ghattas I Shatara and Suad Shatara, his wife, conveying to the City certain property described as follows Land in the City of Livonia, County of Wayne and State of Michigan, to wit The West 27 feet of the following parcel of land Lot 741 , Supervisor' s Livonia Plat No 12, of part of Section 32, Town 1 South, Range 9 East, Livonia Township (now City of Livonia) , Wayne County, Michigan, recorded in Liber 66, Page 0L- 65 of Plats, Wayne County Records (Newburgh Road right-of-way) 23983 the Council does hereby determine, for and in behalf of the �mw City of Livonia to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #190-88 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 Bishop, and unanimously adopted, it was #191-88 RESOLVED, that having considered the report and � recommendation of the Committee of the Whole, dated February 17, 1988, with regard to 1974 P A 198, the Council does hereby request a recommendation from the Mayor as well as a report from the City Assessor of the taxing impact on the community for each 1974 P A 198 petition at the time of the first public hearing, and further, the Council requests the Planning Department and the Livonia Chamber of Commerce to submit a report on the economic impact that the approval of tax abatements have had On the industrial and commercial community of Liv0nia. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #192-88 RESOLVED, that having considered a communication from the Department of Law, dated February 19, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby appropriate and authorize $362 62 for the payment of the 1987 Summer tax on 9700 Newburgh (Tax Parcel 126-01-0735-000\ to be expended from the 7 9 Million Dollar General Obligation Road Improvement Bond Issues 23984 161 On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, this 1 ,123rd Regular Meeting of the Council of the City of Livonia was adjourned at 8.40 P M , February 24, 1988 2(442 Robert F. Nash, City Clerk 16*