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HomeMy WebLinkAboutCOUNCIL MINUTES 1988-04-06 24042 this MINUTES OF THE ONE THOUSAND ONE HUNDRED AND TWENTY SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 6, 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 8:05 P.M. Councilman Bishop delivered the invocation. Roll was called with the following results 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 Patricia Miencier, Deputy City Clerk, Harry Tatigian, City Attorney, John Nagy, Planning Director, Raul Galindo, City Engineer, Marilyn Kazmer, Director of Administrative Services, David Preston, Finance Director, John Fegan, Director of Building Inspection; Robert Beckley, Director of Public Works, Karen Szymula, Director of Legislative Affairs, Suzanne LWisler, Director of Community Resources, Suzanne Daniel , Historical Commission and Patricia Smith, Traffic Commission. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was 1284-88 RESOLVED, that the minutes of the 1 ,125th Regular Meeting of the Council of the City of Livonia, held March 23, 1988 are hereby approved. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was 1285-88 Resolved, that having considered a communication from the City Librarian, dated March 18, 1988, which transmits resolution 2-88 adopted by the Library Commission on February 29, 1988 re the annual availability of a three year projection of estimated revenues and expenditures for the maintenance and operation of a modern, full service public library system, the Council does hereby refer this item to the Mayor for his report im. and recommendation. 24043 A communication from the Director of Finance, dated March 18, 1988, re various financial statements of the City of Livonia for the month ending February '9, 1988 was received and placed on file for the information of the Council . A communication from Plante & Moran, dated January 15, 1988, re• District Court Funds of District No 16 Financial Report for the year ended November 30, 1987 was received and placed on file for the information of the Council . A communication from Plante & Moran, dated February 11 , 1988, re Economic Development Corporation Financial Report for the year ended November 30, 1987 was received and placed on file for the information of the Council On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was #286-88 RESOLVED, that having considered a letter from Gregory and Audrey St Aubin, 15537 Hubbard, Livonia, Michigan 48154, dated March 14, 1988 wherein they have requested the installation of sidewalks on Hubbard between Five and Six Mile Roads, the Council does hereby refer this item to the Engineering Department for its report and recommendation. #287-88 RESOLVED, that having considered a communication from the Historical Commission, dated March 3, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the preparation of specifications and thereafter the taking of competitive bids for the completion of the Shaw Kitchen, certain structural work, construction of a Michigan cellar entrance and restoration of window trim for the Shaw House in accordance with provisions of law and City Ordinance #288-88 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated February 19, 1988, and the report and recommendation of the Chief of Police, dated March 22, 1988, with regard to a request from Ground Round, Inc. , for transfer of ownership of 1987 Class C licensed business with dance permit (without dressing rooms) , from Saga Restaurants, Inc. , for a business located at 17050 Laurel Park, Livonia, MI , Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 24044 #289-88 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 11 , 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 Sound Engineering, Inc. , 12933 Farmington Road, Livonia, MI 48150, for expanding and improving the existing intercom system for the detention area of the Police Headquarters Building, for a total price of $6,171 .64, the same having been in fact the lowest bid received and meets all specifications #290-88 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 21 , 1988, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Wilkie Turf Equipment Division, Inc. , 1050 Opdyke Road, Pontiac, Michigan 48056, for supplying the Public Service Division (Park Maintenance Section) with a 70" 3-reel riding turf mower for a total price of $4,310 00 the same having been in fact the lowest bid received and meets all specifications #291-88 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 21 , 1988, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Lawnmower, Inc. , 34955 Plymouth Road, Livonia, ibm Michigan 48150, for supplying the Public Service Division (Park Maintenance Section) with three (3) self-propelled riding rotary mowers for a net price of $14,997 00, based on a total price of $15,897.00 less trade-ins of $900.00, the same having been in fact the lowest bid received which meets specifications, and the bids of W F. Miller Company and Ideal Mower Sales, Inc. are hereby rejected since they do not meet specifications as indicated in the attachment #292-88 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 23, 1988, approved by the Director of Finance and approved for submission by the Mayor and which transmits its resolution 2796 3/88, the Council does hereby accept the bid of Redford Topsoil Contractors, Inc. , 15553 Beech Daly, Redford, Michigan 48239, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit price bid of $6 25 per yard delivered and $5.50 per yard for pickup, the same having been in fact the lowest bid received and meets all specifications, further, in the event the aforesaid low bidder is unable to furnish the material , the Council does hereby accept the bid of Wolverine Contractors, Inc. , P.0 Box 26 - L V , Lathrup Village, Michigan 48076, as an alternate to supply the Public Service Division (Water Maintenance Section) with topsoil at the unit price bid of $6.73 per yard delivered and $5 63 per yard for pickup, the same having Lit been in fact the second lowest bid received and meets all specifications. 24045 Iwo 1293-88 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 23, 1988, approved by the Director of Finance and approved for submission by the Mayor and which transmits its resolution 2795 3/88, the Council does hereby accept the bid of Blue Grass Lawn Supplies, 10650 W Seven Mile Road, Northville, Michigan 48167, for supplying the Public Service Division (Water Maintenance Section) with blue grass sod at the unit price bid of $1 00 per yard delivered and $.80 per yard for pickup, the same having been in fact the lowest bid received and meets all specifications, further, in the event the aforesaid low bidder is unable to furnish the material , the Council does hereby accept the bid of Peltz Sodding Inc. , 34111 Schoolcraft Road, Livonia, Michigan 48150, as an alternate to supply the Public Service Division (Water Maintenance Section) with blue grass sod at the unit price bid of $1 .20 per yard delivered and $1 .10 per yard for pickup, the same having been in fact the second lowest bid received and meets all specifications #294-88 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 23, 1988, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution 2797 3/88, the Council does hereby authorize an extension of the current agreement with Pitometer Associates, 2 North Riverside Plaza, Chicago, Illinois 60606, to perform testing and repairing of large commercial water meters at the unit prices bid in their letter of April 13, 1987, for all meter sizes requested for the period through December 31 , 1988, and for a price not to exceed $15,375.00, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with provisions set forth in Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. 1295-88 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 14, 1988, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept unit price bid of Vander Veen Landscape Co. , 303 Orchard Lane, P.O. Box 164, Mason, Michigan 48854, for completing all work required in connection with the City' s 1988 Street Tree Planting Program for the estimated total cost of $30,707.50, based upon the Public Service Division' s estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Director of Public Works is hereby authorized to approve minor adjustments in work as it becomes IN. necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. 24046 lbw #296-88 RESOLVED, that having considered the report and recommendation of the City Clerk in connection with a letter from McIntyre' s Mini-Computer Sales Group Inc. , 575 E. Big Beaver Road, P O. Box 516, Troy, MI 48099, dated March 23, 1988, wherein an offer is submitted to purchase a CS/40 Mini-Computer, certain cabling, disk packs and documentation as detailed in the aforesaid communication, from the Office of the City Clerk for a total purchase price of $300.00 cash, the Council does for and on behalf of the City of Livonia accept this offer in the manner and form herein submitted. #297-88 RESOLVED, that having considered a communication dated March 29, 1988 from Fred J Armour 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 March 22, 1988 by the City Planning Commission in its resolution 3-46-88 with regard to Petition 88-2-2-4 submitted by Fred J Armour, requesting approval for outdoor storage of contractor' s equipment on property located on the Southwest corner of Eight Mile Road and Hugh Avenue in the Northeast 1/4 of Section 2, the Council does hereby designate Monday, May 9, 1988 at 7.30 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. A roll call vote was taken on the foregoing resolutions with the following result AYES. Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy, Feenstra. NAYS None. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was 24047 Iwo #298-88 RESOLVED, that having considered the report and recommendation of the Water, Drainage, Sewage and Waste Disposal Study Committee, dated March 14, 1988, with regard to a proposal submitted by the Mayor, dated February 24, 1988, recommending a revision of landfill user fees, and also having considered the report and recommendation of the Director of Public Works, dated April 5, 1988 and approved for submission by the Mayor, the Council does hereby approve and establish the following landfill user fees Automobile or station wagon $ 3.00 Passenger Van (no seats removed) 5.00 Pickup Truck, Cargo Van or Trailer (8 ft or under) 16 00 Trailer exceeding 8 ft $16.00 + $3.00 ft for each foot over 8 ft. On a motion by Councilman Bishop, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 23, 1988, and submitted pursuant to Council Resolution 135-88 in connection with a communication from the City Planning Commission, dated December 15, 1987, which sets forth its resolution 12-276-87 adopted on December 8, 1987, with regard to Petition 87-11-2-55 160 submitted by Northridge Commons Associates requesting waiver use approval to construct a shopping center on the south side of Eight Mile Road between Farmington and Gill Roads 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 February 1 , 1988, pursuant to Council Resolution 1200-87, the Council does hereby reject the recommendation of the City Planning Commission and Petition 87-11-2-55 is hereby approved and granted The motion failed for lack of support On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #299-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 23, 1988, and submitted pursuant to Council Resolution 135-88 in connection with a communication from the City Planning Commission, dated December 15, 1987, which sets forth its resolution 12-276-87 adopted on December 8, 1987, with regard to Petition 87-11-2-55 submitted by Northridge Commons Associates requesting waiver use approval to construct a Iryshopping center on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 24048 26, which property is zoned C-2, and the Council having conducted iip a public hearing with regard to this matter on February 1 , 1988, pursuant to Council Resolution 1200-87, the Council does hereby reject the recommendation of the City Planning Commission and Petition 87-11-2-55 is hereby approved and granted, such approval to be based upon the condition that the proposed ground sign shall have a maximum height of not more than sixteen (16) feet On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #300-88 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated March 28, 1988, and submitted pursuant to Council Resolutions 1194-87 and 169-88 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 determine to establish a policy governing the sale of City-owned land as follows 1 . Upon request of an adjacent property owner, an appraisal is to be obtained which would be paid for by the prospective buyer 2. Land which isro osed to p p be sold to the highest bidder will require the posting of a "For Sale" sign on such property for a period of at least 30 days prior to the taking of bids, the preparation of an appraisal , the cost of which is to be included in the successful bidder' s purchase price, and all bids shall be accompanied by a deposit in the form of a money order or certified check which is equal to five percent of the bid price or $500 00, whichever is greater, and in the event of default, the deposit is subject to forfeiture as liquidated damages On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #301-88 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated March 28, 1988, and submitted pursuant to Council Resolutions 1194-87 and 169-88 with regard to the creation of a deposit and/or earnest money requirement to be used in the sale of City-owned vehicles, the Council does hereby determine to establish a policy governing the sale of City-owned vehicles, including but not limited to motor vehicles, motorcycles, mopeds, motor homes, tractors, etc , as follows 24049 When such vehicles are sold on a competitive bid basis, all bids shall be accompanied by a deposit in the form of a certified check or money order equal to the bid price, not to exceed $1 ,000, and in the event of default, the deposit is subject to forfeiture as liquidated damages Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 87-11-3-10) A roll call vote was taken on the foregoing Ordinance with the following result• AYES Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy, Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilwoman McCotter took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 87-9-3- 9) A roll call vote was taken on the foregoing Ordinance with the following result AYES Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy, Feenstra. NAYS• None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING TITLE 8, CHAPTER 52 Law (FIREWORKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 021 THERETO 24050 LiA roll call vote was taken on the foregoing Ordinance with the following result AYES Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy, Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ochala took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING CHAPTER 08 (ELECTRICAL 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 AYES Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy, Feenstra NAYS None lbw The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilwoman McCotter, seconded by Councilman Taylor, it was #302-88 RESOLVED, that having considered a communication from the City Treasurer, dated April 6, 1988, regarding the replacement of sidewalks in the City of Livonia on the parcels of property and assessments included herein by reference, which work was done pursuant to Council Resolution Nos. 511-87 and 901-87 and in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby pursuant to the provisions of Section 3 08.150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges, further, the Council does hereby Ls authorize installment payments in the number of three (3) 24051 installments at 8% interest where assessments exceed $400.00 and the property owner has requested such installments, further, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll , and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Ochala, seconded by Councilman Taylor, it was RESOLVED, that the foregoing resolution be amended to permit five installments where assessments exceed $400 with respect to sidewalk repairs which were made on properties on Wayne Road, between Six and Seven Mile Roads only, and which would also delete from the foregoing the assessment with respect to Parcel 032-99-0006-000 (Robert N Matzo) which will be referred to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken on the amending resolution with the following result AYES. Ochala, Jurcisin, Toy NAYS. Bishop, McCotter, Taylor, Feenstra The President declared the amendment denied On a motion by Councilman Taylor, seconded by Councilman Ochala, it was RESOLVED, that the foregoing resolution be amended to authorize five installments where assessments exceed $400 for sidewalk repairs made on properties located on Wayne Road, between Six and Seven Mile Roads only A roll call vote was taken on the amending resolution with the following result AYES• Taylor, Feenstra iimNAYS• Bishop, McCotter, Ochala, Jurcisin, Toy. The President declared the amendment denied 24052 L \ roll call vote was taken on the original resolution with the following result. AYES Bishop, McCotter, Taylor, Feenstra. NAYS^ Ochala, Jurcisin, Toy. The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was 1303-88 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the question of whether or not relief should be afforded with respect to special assessments for sideyard sidewalk improvements. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy, NAYS Feenstra, ihm The President declared the resolution adopted. On a motion by Councilwoman McCotter, seconded by Councilman Ochala, and unanimously adopted, it was #304-88 RESOLVED, that having considered a communication from the Historical Commission, dated March 3, 1988, approved by the Finance Director and approved for submission by the Mayor, wherein it is recommended that adult admission for Greenmead buildings be increased from $1 .00 to $2 00 and that there be OO charge for admission for children under the age of 16, the Council does hereby reject and deny such action On a motion by Councilman Jurcisin, seconded by Councilman Ochala, it was RESOLVED, that having considered letters from the Michigan Liquor Control Commission, dated February 16, 1988 and February 19, 1988, and the report and recommendation of the Chief of Police, dated March 11 , 1988, in connection therewith, the Council does hereby determine as follows 24053 low 1 To reject and deny the request for transfer of all stock interest in Saga Enterprises, Inc , a California Corporation, from Saga Corporation (old) to Saga Corporation (new) , in 1987 Class C License with Dance Permit, and Entertainment Permit (without Dressing Rooms), located at 17050 Laurel Park Drive South, Livonia, Michigan 48154 (Step I) , and 2 To reject and deny the request for transfer of 1987 Class C License with Dance Permit, and Entertainment Permit (without Dressing Rooms), located at 17050 Laurel Park Drive South, Livonia, Michigan 48154, from Saga Enterprises, Inc to Saga Restaurants, Inc (Step II) , and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commisison On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #305-88 RESOLVED, that having considered letters from the Michigan Liquor Control Commission, dated February 16, 1988 and February tiff 19, 1988, and the report and recommendation of the Chief of Police, dated March 11 , 1988, in connection with the following 1 Transfer of all stock interest in Saga Enterprises, Inc. , a California Corporation, from Saga Corporation (old) to Saga Corporation (new), in 1987 Class C License with Dance Permit, and Entertainment Permit (without Dressing Rooms) , located at 17050 Laurel Park Drive South, Livonia, Michigan 48154 (Step I ) , and 2 Transfer of 1987 Class C License with Dance Permit, and Entertainment Permit (without Dressing Rooms) , located at 17050 Laurel Park Drive South, Livonia, Michigan 48154, from Saga Enterprises, Inc. to Saga Restaurants, Inc (Step II) , 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 referral resolution with the following result AYES•Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy NAYS Feenstra. ihre The President declared the resolution to refer adopted. 24054 On a motion by Councilman Bishop, seconded by Councilwoman Toy, Li it was #306-88 RESOLVED, that having considered a communication from the Personnel Director, dated March 11 , 1988, approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on February 18, 1988, wherein the Commission did recommend removal of the classification of Executive Assistant to the Mayor from the classified service, the Council does hereby concur in and approve of such action. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was RESOLVED, that having considered a communication from the Personnel Director, dated March 11 , 1988, approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on February 18, 1988, wherein the Commission did recommend removal of the classification of Executive Assistant to the Mayor from the classified service, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. LA roll call vote was taken on the referral resolution with the following result. AYES Ochala, Jurcisin. NAYS' Bishop, McCotter, Taylor, Toy, Feenstra The President declared the resolution to refer denied. A roll call vote was taken on the original resolution with the following result AYES' Bishop, Taylor, Toy, Feenstra. NAYS. McCotter, Ochala, Jurcisin The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was RESOLVED, that having considered a communication from the Finance Director, dated March 25, 1988, approved for submission by the Mayor, with respect to bids received for the proposed purchase of certain City-owned property located at 24055 the Southeast corner of Five Mile Road and Henry Ruff, City ibmof Livonia, the legal description of which is as follows Lot 100, B E Taylors Green Acres T1S, R9E, Liber 69, Page 75, Wayne County Records the Council does hereby authorize the sale of this property to Leo R. Burton, 11791 Farmington Road, Livonia, Michigan 48150, from the City of Livonia for the price of $9,150 00 cash, further, the Council does hereby authorize the deduction of title work with regard to the aforesaid transaction from the purchase price herein authorized, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction A roll call vote was taken on the foregoing resolution with the following result AYES. McCotter, Taylor, Feenstra NAYS Bishop, Ochala, Jurcisin, Toy lbw The President declared the resolution denied On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #307-88 RESOLVED, that having considered a communication from the Finance Director, dated March 25, 1988, approved for submission by the Mayor, with respect to bids received for the proposed purchase of certain City-owned property located at the Southeast corner of Five Mile Road and Henry Ruff, the Council does hereby refer this item to the Department of Law for the purpose of obtaining an expert real estate appraisal for a cost not to exceed $400 00, the same to be appropriated and expended from Account No 101-267-972-001 , thereafter, the Department of Law is hereby requested to submit its report and recommendation with respect to the bids submitted herein On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #308-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 4, 1988, approved for submission by the Mayor Pro Tem, regarding the installation 24056 of entrance markers within public rights-of-way on the Golfview Drive boulevard area in the Rennolds' Ravines Subdivision, the Council does hereby authorize the Mayor and City Clerk to execute an agreement, for and on behalf of the City of Livonia, with the Rennolds' Ravines Civic Association, which agreement shall be prepared by the Department of Law, pursuant to which the City authorizes the Rennolds' Ravines Civic Association to use necessary portions of the aforesaid right-of-way in order to install , preserve and maintain the said entrance markers, as well as any subsequent entrance markers that may be installed in the said subdivision subject to the approval of the Inspection Department and inclusion of a hold harmless provision in the agreement authorized herein On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopteu, #309-88 RESOLVED, that having considered a communication from the City Clerk, dated March 16, 1988, which indicates that the proprietor of Pine Creek Subdivision, situated in the Southwest 1/4 of Section 9, 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 March 10, 1988, wherein 16* said Commission approves the final plat for the said subdivision in its resolution 3-38-88, adopted on March 8, 1988, and the Council having considered a report from the City Engineer dated March 2, 1988 recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 997-87, adopted on October 12, 1987, said preliminary plat having been recommended for approval by the City Planning Commission on April 21 , 1987 in its resolution 4-88-87, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Pine Creek Subdivision, located in the Southwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, it was #310-88 WHEREAS, pursuant to due and proper notice published lim and mailed to all property owners in Special Assessment District 24057 No 303 for the proposed improvement of Seven Mile Super Highway INN Subdivision in the Northeast 1/4 of Section 9, with a 31 ' wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II ) on the streets next to the commercial property south of Seven Mile Road and on Stamford and 4 inches of asphalt over the existing roadway, 20 ft to 22 ft. wide (Alternate IV, over the balance of the streets, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, March 30, 1988 at 8 00 P M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 303, 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 January 28, 1988, in the amount of $284,351 50, 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. 303 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) per cent 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 possible. The first installment shall be due and payable December 1 , 1989 and subsequent installments on December 1st of succeeding years, 24058 (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 ) year' s interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period iftw as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3.08 220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay fifteen (15) per cent of the paving costs ($50,479 32) and 100% of the drainage costs ($137,127 30) and $1 ,698 00 for 141 5 ft of City-owned property for a total estimated cost of $137,127 30. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was RESOLVED, that the foregoing resolution be amended to eliminate the proposed improvement with respect to Stamford Street. A roll call vote was taken on the amending resolution with the following result AYES Bishop, McCotter NAYS• Taylor, Ochala, Jurcisin, Toy, Feenstra The President declared the resolution to amend denied. 24059 101 A roll call vote was taken on the original resolution with the following result. AYES Taylor, Ochala, Jurcisin, Toy, Feenstra NAYS. Bishop, McCotter The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, it was 1311-88 RESOLVED, that the Council does hereby request that the Traffic Commission submit a report and recommendation with regard to the necessity for providing additional signage to control traffic in the Seven Mile Super Highway Subdivision upon completion of the proposed street improvement as set forth in Special Assessment Roll No 303 A roll call vote was taken on the foregoing resolution with the following result• AYES Taylor, Ochala, Jurcisin, Toy, Feenstra NAYS Bishop, McCotter 160 The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 1312-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of South Hill Construction Co. , 51490 Pontiac Trail , Wixom, Michigan 48096, for the Seven Mile Super Highway Subdivision paving improvement for the estimated total cost of $370,018 60, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, further, the Council does hereby appropriate a sum not to exceed $370,018 60 from the $7 9 Million General Obligation Road Improvement Bond Issue with the provision that (1 ) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessment 24060 1601 at such time as funds are available from a future special assessment bond issue and (2) the Bond Issue be reimbursed for the City' s portion of the project at such time as funds may be available from the next Motor Vehicle Highway Fund Bond Issue, and the City Engineer is hereby authorized to approve minor adjustments in work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #313-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 3, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein certain revisions are recommended in connection with the improvement of Hubbard, Mayfield, Shadyside, Norfolk and Pembroke, in the Northwest 1/4 of Section 3, pursuant to S A D 273, the Council does hereby determine as follows a. Reduce the assessment of Lot 40a, 41a, 42a, Folker' s Farmington Acres (Sidwell No 010-01-0072-000) by $493.63, b. Increase the assessment of Lot 72, Folker' s Farmington Acres (Sidwell No 010-01-0072-000) by $493 63, c. Reduce the assessment of Lot 91 , Folker' s Farmington Acres (Sidwell No. 010-01-0091-000) by $165.47, d. Increase the City' s participation in the S A.D. by $165 47, the said amount to come from the Motor Vehicle Highway Fund Local Road Account, and e Authorize the City Assessor and the City Treasurer to amend the assessments levied against the above parcels to reflect the changes indicated above On a motion by Councilman Ochala, seconded by Councilwoman McCotter, and unanimously adopted, it was #314-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 10, 1988, which bears the signature of the Finance Director and is approved lbw for submission by the Mayor and which submits final cost information with regard to the 1987 Section 1 , 10 and 12 S A.D. 24061 Street Paving program (Contract 87-A) , the Council does hereby authorize an increase in the contract with the South Hill Construction Company from $794,226 52 to $833,374 98 and appropriate an additional $39,148.46 from the $7.9 Million General Obligation Road Improvement Bond Issue with the provision that (1 ) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessments at such time as funds are available from a future special assessment bond issue and (2) the Bond Issue be reimbursed for the City' s portion of the project from Motor Vehicle Highway Fund receipts. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #315-88 RESOLVED, that having considered a communication from the City Engineer, dated March 3, 1988, which bears the signature of the Finance Director, is approved for submission by the Mayor, and is submitted pursuant to Council Resolution 352-87, with respect to the proposed extension of 900' of paving and utilities along Industrial Road in the North 1/2 of Section 27 and the extension of Hubbard Road to South of Schoolcraft Road, as part of a special assessment district, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its Ls, report and recommendation. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #316-88 RESOLVED, that having considered a communication from the City Planning Commission, dated February 25, 1988, which transmits its resolution 2-35-88 adopted on February 23, 1988, with regard to Petition 88-2-8-4, submitted by Stamford Plaza Partnership, requesting site plan approval in connection with a proposal to construct a retail complex on the South side of Seven Mile Road between Farmington and Gill Roads in Section 9, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 88-2-8-4 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, it was 24062 #317-88 RESOLVED, that having considered a communication from the City Planning Commission, dated March 10, 1988, which t-- transmits its resolution 3-40-88 adopted on March 8, 1988, with regard to Petition 88-2-8-5, submitted by John T. Campo & Associates, requesting site plan approval in connection with a proposal to construct an addition to the Holiday Inn on the West side of N Laurel Park Drive between Six Mile and 1-275 in Section 7, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result. AYES: McCotter, Taylor, Ochala, Jurcisin, Toy, Feenstra. NAYS: Bishop. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #318-88 RESOLVED, that having considered a communication from the City Planning Commission, dated March 11 , 1988, which transmits its resolution 3-42-88, adopted on March 8, 1988, with regard to a Sign Permit Application, submitted by Monte Rosenberger on behalf of Host La-Jolla, Inc. for one ground sign and two wall signs for the Marriott Hotel located at 17100 N. Laurel Park Drive in Section 7, the Council does hereby concur in part and reject in part the recommendation of the Planning Commission and the Council does hereby approve the two wall signs and reject and deny the proposed ground sign, the action herein being made subject to compliance with the applicable conditions in the aforesaid recommendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy, NAYS: Feenstra. The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilman Taylor, ��» t was 24063 #319-88 RESOLVED, that having considered a communication from the City Planning Commission, dated March 28, 1988, which transmits its resolution 4-49-88, adopted on March 22, 1988, with regard to Petition 87-3-2-7, submitted by Rotary Club requesting waiver use approval to operate a carnival within the Sheldon Shopping Center located on the south side of Plymouth Road, east of Farmington Road in the Northwest 1/4 of Section 34, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 88-3-2-7 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, further, the Council does hereby waive all fees which the City would otherwise require with respect to this activity. A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Feenstra NAYS Bishop, McCotter The President declared the resolution adopted lbw On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #320-88 WHEREAS, pursuant to Resolution 132-88, this City Council adopted a Notice of Intent Resolution with respect to not to exceed $10,000,000 in Wastewater System Revenue Bonds which would be primarily secured by the revenues of the City' s Wastewater System, and WHEREAS, the City has reviewed the operations and the financial performance of the presently separate Water Supply System and the Wastewater System and now believes that it would be prudent and financially advantageous to the City to combine the two Systems into a Unitary Water Supply and Wastewater System and to issue revenue bonds primarily in anticipation of the revenues of the said combined system, and WHEREAS, it is necessary to adopt a revised Notice of Intent Resolution with respect to said bonds due to the combination of the two Systems and to republish said revised Notice of Intent, and WHEREAS, the City Council now intends to authorize Iwo the issuance and sale of Water Supply and Wastewater System 24064 Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in the principal amount of not to exceed in total Ten Million Dollars ($10,000,000), for the purpose of paying all or part of the cost of acquiring and constructing additions, extensions and improvements to the Wastewater System of the City, which bonds may also pledge the full faith and credit of the City, and WHEREAS, a Notice of Intent to Issue Bonds must be published at least forty-five (45) days before issuance of the same in order to comply with the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended, NOW, THEREFORE, BE IT RESOLVED THAT: 1 . The City Clerk is hereby authorized and directed to publish a Notice of Intent to Issue Bonds in the Livonia Observer, a newspaper of general circulation in the City, as a display advertisement at least one-quarter (1/4) page in size. 2. The Notice of Intent so published shall be in substantially the following form: NOTICE TO ELECTORS OF THE CITY OF LIVONIA AND USERS OF THE CITY' S WATER SUPPLY AND WASTEWATER SYSTEM OF INTENT TO ISSUE REVENUE BONDS PAYABLE PRIMARILY FROM THE REVENUES OF SAID WATER SUPPLY AND WASTEWATER SYSTEM AND SECURED SECONDARILY BY THE TAXING POWER OF THE CITY AND OF RIGHT OF REFERENDUM RELATING THERETO PLEASE TAKE NOTICE that the City Council of the City of Livonia intends to authorize the issuance and sale of Water Supply and Wastewater System Revenue Bonds pursuant to Act 94 , Public Acts of Michigan, 1933 , as amended, in the principal amount of not to exceed in total Ten Million Dollars ( $10 , 000 , 000 ) , for the purpose of paying part of the cost of acquiring and constructing additions, extensions and improvements to the Water Supply and Wastewater System of the City, which will be combined into a single utility system. Said bonds will mature in annual installments not to exceed thirty-five ( 35 ) in number, with interest rates to be determined at public sale but in no event to exceed such rates as may be permitted by law on the unpaid balance from time to time remaining outstanding on said bonds. The bonds may be issued in one or more series as shall be determined by the City Council. 24065 SOURCE OF PAYMENT OF BONDS THE PRINCIPAL OF AND INTEREST ON SAID REVENUE BONDS shall be payable primarily from the net revenues derived from the operation of the City' s Water Supply and Wastewater System. Said revenues consist of rates and charges for services supplied by the said System which may from time to time be increased in order to provide sufficient revenues to meet expenses of operating and maintaining said Water Supply and Wastewater System and paying debt service on any revenue bonds payable from revenues of said System. Schedules of rates presently in effect for the presently separate Water Supply System and the Wastewater System are on file in the office of the City Clerk. As additional security for the payment of the Revenue Bonds, the City Council, by majority vote, may pledge the limited tax full faith and credit of the City for payment of the principal of and interest thereon should the net revenues of the combined System be insufficient for such purposes . IF THE FULL FAITH AND CREDIT OF THE CITY IS PLEDGED FOR SUCH PURPOSE, IN CASE OF THE INSUFFICIENCY OF THE NET REVENUES OF THE SYSTEM, THE PRINCIPAL OF AND INTEREST ON THE BONDS SHALL BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY OR, IF NECESSARY, FROM AD VALOREM TAXES LEVIED UPON ALL TAXABLE PROPERTY IN THE CITY, SUBJECT TO APPLICABLE CHARTER, STATUTORY AND CONSTITUTIONAL LIMITATIONS. RIGHT OF REFERENDUM THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE If such a petition is filed, the bonds cannot be issued unless approved by the majority vote of the electors of the City voting on the question of their issuance THIS NOTICE is given pursuant to the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933 , as amended ADDITIONAL INFORMATION will be furnished at the office of the City Clerk upon request Robert F Nash City Clerk 3. The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is adequate notice to the electors of 24066 the City and users of the City' s Water Supply and Wastewater System and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bonds, the security for the bonds and the rights of referendum of the electors with respect thereto, and that the provision of forty-five (45) days within which to file a referendum petition is adequate to insure that the City' s electors may exercise their legal rights of referendum 4 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #321-88 WHEREAS, Congressional committees are at this moment reviewing the Administration' s FY 1989 budget which contains a recommendation that, if passed, would bring public transportation to its knees, and WHEREAS, the Federal Department of Transportation has proposed a 53% cut in the budget of the Urban Mass Transportation Administration; and WHEREAS, UMTA is the agency through which the Southeastern Michigan Transportation Authority and the Detroit Department of Transportation receive their federal capital and operating funding, and WHEREAS, the budget directive would eliminate operating assistance for cities and regions that have over 200,000 in population, and WHEREAS, the region' s allocation would plummet from $23 million in FY 1988 to $0 in FY 1989, resulting in a $7.8 million cut in SEMTA' s FY 1989 budget and a $14. 5 million cut in D-DOT's FY 1989 funding, and WHEREAS, if the budget is passed, SEMTA has only two regretful options drastically reduce or discontinue service, NOW, THEREFORE, BE IT RESOLVED that the Council takes this means to urge the Congressional leadership and the Michigan delegation in Washington to maintain the federal mass transit budget at the 1988 level , and the City Clerk is hereby requested to forward a certified copy of this resolution to Senators Carl Levin, Donald Riegle, Jr , and Congressmen Carl D. Pursell and William D. Ford. 24067 L The President of the Council relinquished the Chair at 10.05 P.M. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #322-88 RESOLVED, that having considered a communication from the City Clerk, dated March 1 , 1988, to which is attached a letter from the Planning Director dated February 29, 1988 and a letter from Kirco Realty & Development, Ltd. , dated February 25, 1988, submitted on behalf of Borg-Warner Automotive, Inc. wherein a request is submitted to extend the five year abatement program authorized in Council Resolution 134-88 to a 12 year program, the Council does hereby rescind and repeal Council Resolution 134-88, and does thereafter 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: Bishop, McCotter, Taylor, Feenstra. NAYS: Ochala, Jurcisin, Toy. The President declared the resolution adopted. L The President of the Council resumed the Chair at 10 15 P.M. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #323-88 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 304, more particularly described in Council Resolution 613-87, adopted on July 1 , 1987, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Prides Court Subdivision in said Special Assessment District No. 304, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that street lights shall be installed consisting of 100 watt high-pressure sodium lights on colonial post tops with underground wiring, and that the assessments set forth in said Special Assessment District No. 304 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City L Council , said Special Assessment Roll No 304 based on installation of 100 watt high-pressure sodium lights on colonial 24068 post tops with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3.08. 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll , and the Assessment Roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was 1324-88 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 8, 1988 on all matters required by Section 3.08.060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 30, 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 two 20 ft. wide full-depth asphalt pavements with concrete curbs and gutters (Alternate II ) on Antago, Seven Mile to Vassar in Section 1 , T. 1S. , R.9E. , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvements as set forth in said statement dated February 8, 1988, (4) determine that the estimated cost of such improvement is $221 ,128.23, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($24,544.23) , 100% of drainage 24069 ($57,500.00) and ($9,744 00) for 168 ft. of City-owned property, balance of said cost and expense of said public improvement amounting to 79% of paving ($129,340.00) 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 Section 1 , T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as containing the property shown on the referenced map and listed on the Special Assessment Roll (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon the 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 required by Section 3.08 110 of the said Code. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #325-88 RESOLVED, that the Council does hereby request that the Traffic Commission submit a report and recommendation with regard to the installation of signage to control traffic in the area of Antago, from Seven Mile to Vassar, upon completion of the proposed street improvement for this street. 24070 On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #326-88 RESOLVED, that having considered a report and recommendation of the City Engineer, dated March 10, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor and which submits final cost information with regard to the paving improvement of Lathers Avenue, Seven Mile to Curtis and Clarita and Pickford (S.A.D 279), the Council does hereby determine as follows 1 . To authorize increasing the assessments as set forth in the confirmed assessment roll for S A D 279, the revised assessments to be based upon an assessment rate of $47 51 p f.f rather than $47 00 p.f f. , 2 To establish the final project cost at $421 ,220.88, of this total , $268,576 67 is to be charged to the special assessment district, $152,644 21 is to be assumed by the City' s Motor Vehicle Highway Fund receipts, 3. To authorize the City Assessor to increase the assessment lis for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, and 4. To authorize an expenditure in the amount of $421 ,220.88 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 ($268,576.67) and the next Motor Vehicle Highway Fund (M.V.H.F ) receipts ($152,644.21 ) On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #327-88 RESOLVED, that having considered a report and recommendation of the City Engineer, dated March 10, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor and which submits final cost information with regard to the paving improvement of Lathers Avenue, North of Seven Mile (S A D 278), the Council does hereby determine as follows 1 . To authorize reducing the assessments as set forth in the confirmed assessment roll for S.A D. 278, the 24071 revised assessments to be based upon an assessment rate of $41 .89 p f.f. rather than $42.00 p f.f , 2. To establish the final project cost at $169,795.37, of this total , $100,823.71 is to be charged to the special assessment district, $68,971 .60 is to be assumed by the City's Motor Vehicle Highway Fund receipts, 3. 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 property owners within the assessment district, and 4 To authorize an expenditure in the amount of $169,795.37 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 ($100,823.71 ) and the next Motor Vehicle Highway Fund (M.V.H F ) receipts ($68,971 .60). On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 1328-88 RESOLVED, that having considered a report and recommendation of the City Engineer, dated March 10, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor and which submits final cost information with regard to the paving improvement of Gillman, Seven Mile to Curtis, and Clarita and Pickford, East and West of Gillman (S.A.D. 280) , the Council does hereby determine as follows. 1 . To authorize reducing the assessments as set forth in the confirmed assessment roll for S.A.D. 280, the revised assessments to be based upon an assessment rate of $29.88 p.f.f. rather than $30.00 p.f f. ; 2. To establish the final project cost at $222,160.17, of this total , $164,101 .39 is to be charged to the special assessment district, $58,058.78 is to be assumed by the City' s Motor Vehicle Highway Fund receipts; 3. 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 property owners within the assessment district, and 4. To authorize an expenditure in the amount of $222,160.17 from the $7.9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be 24072 iim reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($164,101 39) and the next Motor Vehicle Highway Fund (M.V.H.F ) receipts ($58,058.78) On a motion by Councilman Jurcisin, seconded by Councilwoman McCotter, and unanimously adopted, it was #329-88 RESOLVED, that having considered a report and recommendation of the City Engineer, dated March 10, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor and which submits final cost information with regard to the paving improvement of Mayfield, Seven Mile to Clarita (S.A D. 281 ), the Council does hereby determine as follows 1 To authorize increasing the assessments as set forth in the confirmed assessment roll for S.A.D. 281 , the revised assessments to be based upon an assessment rate of $56 78 p f f. rather than $55.90 p f.f , 2. To establish the final project cost at $117,510.38, of this total , $85,292 75 is to be charged to the special assessment district, $32,217 63 is to be assumed by the City' s Motor Vehicle Highway Fund receipts, 3. 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 property owners within the assessment district, and 4. To authorize an expenditure in the amount of $117,510 38 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 ($85,292.75) and the next Motor Vehicle Highway Fund (M.V.H.F ) receipts ($32,217.63). On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #330-88 RESOLVED, that having considered a communication dated March 28, 1988, from the Department of Law transmitting for Council acceptance a Quit Claim Deed and three (3) Grants of Easement, more particularly described as• 24073 iim Quit Claim Deed dated March 22, 1988, executed by Mayflower Development Inc. , a Michigan Corporation, by Timothy Liang, President, for• The West 43 feet of the following parcel of land Part of the Southeast 1/4 of Section 4, T 1S ,R.9E. , City of Livonia, Wayne County, Michigan, more particularly described as commencing at the South 1/4 corner of said Section 4, thence North 00°09' 55" East, 422.35 feet along the North and South 1/4 line of said Section 4 and the centerline of Gill Road, to the point of beginning, thence continuing North 00°09' 55" East, 261 .00 feet along the North and South 1/4 line of said Section 4 and the centerline of Gill Road, thence South 89°50'05" East, 249.32 feet, thence South 00°09' 55" West, 261 .00 feet, thence North 89°50'05" West, 249.32 feet to the point of beginning. (Gill Road right-of-way) (1 ) Grant of Easement dated March 22, 1988, executed by Mayflower Development Inc , a Michigan Corporation, by Timothy Liang, President, for The West 12 feet of the following parcel of land Part of the S E. 1/4 of Section 4, T 1S. ,R.9E. , City of Livonia, Wayne County, Michigan, more particularly described as commencing at the South 1/4 corner of said Section 4, thence N. 00°09' 55" East, 509.35 feet along the North and South 1/4 line of said Section 4 and the centerline of Gill Road, to the point of beginning, thence continuing N. 00°09' 55" East, 87.00 feet along the North and South 1/4 line of said Section 4 and the centerline of Gill Road, thence S 89°50'05" East, 249 32 feet, thence S. 00°09' 55" West, 87.00 feet, thence N. 89°50'05" West, 249.32 feet to the point of beginning except the West 43 feet thereof. (2) Grant of Easement dated March 22, 1988, executed by Mayflower Development Inc. , a Michigan Corporation, by Timothy Liang, President, for The West 12 feet of the following parcel of land Part of the S.E. 1/4 of Section 4, T.1S. ,R.9E , City of Livonia, Wayne County, Michigan, more particularly described as commencing at the South 1/4 corner of said Section 4, thence N. 00°09' 55" East, 422.35 feet along the North and South 1/4 line of said Section 4 and the centerline of Gill Road, to the point of beginning, thence continuing N. 00°09' 55" East, 87 00 feet along the North and South 1/4 line of said Section 4 and the centerline of Gill Road, thence S 89°50'05" 24074 East, 249.32 feet, thence S 00°09' 55" West, 87.00 feet, thence N 89°50'05" West, 249 32 feet to the point of beginning, except the West 43 ft. thereof (3) Grant of Easement dated March 22, 1988, executed by Mayflower Development Inc. , a Michigan Corporation, by Timothy Liang, President, for The West 12 feet of the following parcel of land: Part of the S E. 1/4 of Section 4, T 1S. ,R.9E. , City of Livonia, Wayne County, Michigan, more particularly described as commencing at the South 1/4 corner of said Section 4, thence N. 00°09' 55" East, 596.35 feet along the North and South 1/4 line os said Section 4 and the centerline of Gill Road, to the point of beginning, thence continuing N. 00°09' 55" East, 87.00 feet along the North and South 1/4 line of said Section 4 and the centerline of Gill Road, thence S. 89°50'05" East, 249 32 feet, thence S 00°09' 55" West, 87.00 feet, thence North 89°50'05" West, 249 32 feet to the point of beginning except the West 43 feet thereof. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and Grants of Easement low and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #331-88 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 Jurcisin, and unanimously adopted, it was #332-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 5, 1988, approved by the City Attorney and approved for submission by the Mayor, to which is attached a proposed Declaration of Easements and Dedication Agreement between Victor International Corporation, a Michigan Corporation, 27400 Northwestern Highway, Suite 400, Southfield, Michigan and the City of Livonia, the provisions of which are summarized as follows 24075 a Victor International agrees to construct within the proposed right-of-way a 27 ft wide asphalt pavement with concrete curb and gutters and enclosed drainage, a boulevard entrance immediately west of Newburgh Road (approximately 430 feet in length) is also to be constructed, b. The agreement establishes the right of Victor International to landscape and maintain, at their expense, the boulevard median area (including other portions of the road right-of-way west thereof) , c. The right of Victor International to seek Council approval (at a subsequent date) to place an entranceway sign within the future public right-of-way (Page 3, Section 2a(iii ) of the agreement) , and d. Upon completion of all permanent road improvements the City agrees to dedicate an 86 foot wide right-of-way along the southerly limits of the Greenmead property, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the aforesaid agreement in the form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, this 1 ,126th Regular Meeting of the Council of the City of Livonia was adjourned at 10:20 P.M. , April 6, 1988 Robert F Nash, City Clerk ��