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HomeMy WebLinkAboutCOUNCIL MINUTES 1987-07-15 23499 lioMINUTES OF THE ONE THOUSAND ONE HUNDRED AND EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 15, 1987, 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 8.00 P.M. Councilwoman McCotter delivered the invocation. Roll was called with the following result Present Robert E McCann, Joan McCotter, Fernon P Feenstra, Gerald Taylor, Robert D Bennett and Ron Ochala, Absent Robert R Bishop (on vacation). Elected and appointed officials present Robert F. Nash, City Clerk, Harry Tatigian, City Attorney, David N Preston, Finance Director, John Nagy, Planning Director, Raul Galindo, City Engineer, Edith Davis, Personnel Director, Suzanne Wisler, Director of Community Resources, Ray Pommerville, Labor Relations Director, James Inglis, Housing Director, Robert Beckley, Director of Public Works, Jeanne Treff, Cable TV Director, and Michael Reiser, Facility Maintenance Manager On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #621-87 RESOLVED, that the minutes of the 1 ,107th Regular Meeting of the Council of the City of Livonia, held July 1 , 1987 are hereby approved A communication from the City Attorney, dated June 29, 1987, re Stauder, Barch & Associates, Inc v City of Livonia and Elaine Tuttle, personally and in her capacity as Treasurer for the City of Livonia, jointly and severally Wayne County Circuit Court Civil Action 87-714895-CK was received and placed on file for the information of the Council lim A communication from the Director of Finance, dated July 1 , 1987, forwarding various financial statements of the City of Livonia for the month ending May 31 , 1987 was received and placed on file for the information of the Council 23500 A communication from Plante & Moran, dated April 14, 1987, re City of Livonia Federal Financial Assistance Programs - Supplemental Information - for the year ended November 30, 1986 was received and placed on file for the information of the Council . On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #622-87 RESOLVED, that having considered a letter from Angelo D'Orazio, 35213 Vargo Avenue, Livonia, Michigan 48152 dated June 19, 1987 requesting permission to close Vargo Avenue, north of Six Mile road and east of Wayne Road on Sunday, July 26, 1987 from 11 .00 a m to 10 00 p m. for the purpose of conducting a neighborhood block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #623-87 RESOLVED, that having considered a letter from Mrs. Thomas J Joseph, 39235 Lyndon, Livonia, Michigan 48154 dated iis June 29, 1987 requesting permission to close Lyndon between Hix and Eckles on Saturday, August 29, 1987 from 4 00 p.m to 10.00 p m , the Council does hereby grant permission as requested, including therein permission to conduct the said affair on August 30, 1987 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department, further, the Department of Public Works is requested to provide sawhorses as requested for use in connection with this event. #624-87 RESOLVED, that having considered a letter from Bonnie J. Bisio dated June 24, 1987 wherein a request is submitted for the installation of a traffic signal at the intersection of Seven Mile and Gill Roads, the Council does hereby request that the City Engineer submit a report and recommendation with respect to this item as well as the possibility of having the County reduce the speed limit on Seven Mile Road and revise the current speed limits on Five Mile and Six Mile Roads #625-87 RESOLVED, that having considered a letter from Bonnie J. Bisio dated June 24, 1987 wherein a request is submitted for the installation of a traffic signal at the intersection of Seven Mile and Gill Roads, the Council does hereby refer this item to the Chief of Police #626-87 RESOLVED, that having considered a letter dated June 23, 1987 from the Biltmore, Meadowview and Sunnyside Estates Civic Association regarding the installation of identification 23501 110. markers on existing rights-of-way as entrance markers to the Biltmore, Meadowview and Sunnyside Estates Subdivision, the Council does hereby request the Department of Law prepare an appropriate agreement in which the City gives authorization to the said Biltmore, Meadowview and Sunnyside Estates Civic Association to use the necessary portions of rights-of-way for the above stated purposes, further, the Mayor Pro Tem and City Clerk are hereby authorized to affix their signatures to the aforesaid agreement for and on behalf of the City of Livonia in this regard. #627-87 RESOLVED, that having considered a letter from Charles D Wright, 14731 Lyons, Livonia, Michigan 48150 dated June 24, 1987 requesting the improvement of Lyons Street between Five Mile and Lyndon, the Council does hereby refer this item to the City Engineer for his report and recommendation #628-87 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission dated June 16, 1987 which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem and which indicates that the Commission at its June 10, 1987 meeting recommended the purchase of certain capital equipment items to meet the needs of McNamara Towers, the estimated cost of which is ilm $4,000.00, the Council does hereby concur in the aforesaid recommendation and authorize the Commission to prepare specifications and thereafter obtain written quotes in accordance with the Finance Ordinance for submission to the Council #629-87 RESOLVED, that having considered a communication from the City Assessor, dated June 18, 1987, approved for submission by the Mayor Pro Tem, with regard to a request from Mr. Joe Durso submitted in behalf of William Stefani , 34714 Seven Mile Road, Livonia, Michigan 48152 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 hereby approve of the proposed division of Tax Item Nos. 46 034 01 0009 001 and 46 034 01 0009 002 into three parcels, the legal descriptions of which shall read as follows PARCEL "A" A parcel of land being part of Lot 9, Winfield Estates Sub , of the N W. 1/4 of Sec 9, T. 1 S , R. 9 E , Livonia Township, Wayne County, Michigan, as recorded in Liber 69, Page 28, W.0 R. and more particularly described as follows Commencing at the N W corner of said Lot 9, thence North 89°56'45" East 210 feet, which is also the South line of Seven 100 Mile Road, thence South 0°26'24" West 207.50 feet, which is also the West line of Laurel Road, thence South 89°56'45" West 210 feet, thence North 0°26'24" East 207 50 feet, to the place of beginning 23502 PARCEL "B" A parcel of land being part of Lot 9, Winfield Estates Sub. , of the N.W 1/4 of Sec 9, T 1 S , R 9 E. , Livonia Township, Wayne County, Michigan, as recorded in Liber 69, Page 28, W.0 R. and more particularly described as follows Commencing at the N.W corner of said Lot 9, thence North 89°56'45" East 210 feet which is also the South line of Seven Mile Road, thence South 0°26' 24" West, which is also the West line of Laurel Road, 207 50 feet to the place of beginning, and proceeding thence South 0°26'24" West 103 75 feet, thence South 89°56'45" West 210 feet, thence North 0°26'24" East 103 75 feet, thence North 89°56'45" East 210 feet, to the place of beginning. PARCEL "C" A parcel of land being part of Lot 9, Winfield Estates Sub , of the N W 1/4 of Sec 9, T 1 S , R 9 E. , Livonia Township, Wayne County, Michigan, as recorded in Liber 69, Page 28, W.C.R and more particularly described as follows Commencing at the N.W. corner of said Lot 9, thence North 89°56'45" East 210 feet, which is also the South line of Seven ifte Mile Road, thence South 0°26'24" West, which is also the West line of Laurel Road, 311 .25 feet to the place of beginning, and proceeding thence South 0°26' 24" West 103 75 feet, thence South 89°56'45" West 210 feet, thence North 0°26'24" East 103 75 feet, thence North 89°56'45" East 210 feet, to the place of beginning as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds #630-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 11 , 1987 and approved for submission by the Mayor Pro Tem with regard to the development of Classic Interiors, at 20292 Middlebelt Road, Livonia, Michigan, and a request from the Wayne County Public Service Division that the City take jurisdiction and control of a section of 4 inch storm sewer to be constructed at the owner's expense within the Middlebelt Road right-of-way, the Council does hereby determine as follows 1 . To advise the Wayne County Public Service Division (Permit Section) of the City' s willingness to accept jurisdiction imw and maintenance of a 4 inch storm sewer (approximately 22 l .f ) connection to an existing 15 inch storm sewer within the Middlebelt Road right-of-way in connection 23503 lay with the development of a retail building addition located on the east side of Middlebelt Road in the N.W. 1/4 of Section 1 (in this connection, the attached letter from the owners indicates their willingness to reimburse the City for any such maintenance that may become necessary) , and 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction #631-87 RESOLVED, that having considered a letter from the Engineering Department and the City Librarian dated June 11 , 1987 and approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Novard of Michigan, P 0. Box 540, Novi , Michigan 48050 to install a "Direct Digital Control System" at the Civic Center Library for the price of $132,900.00 (includes $2,900 00 extra enhancement fixture item) the same having been in fact the lowest bid received and meets specifications, further, the Council does hereby authorize an amount not to exceed $15,000 00 under miscellaneous specialties, which Kamp-DiComo Associates can use for entering into small contracts for the Civic Center Library, subject to the approval of the Livonia Municipal Building Authority. lbw #632-87 RESOLVED, that having considered a communication from the Department of Law, dated June 26, 1987, approved by the Director of Finance and the City Engineer, and approved for submission by the Mayor Pro Tem, the Council does hereby authorize the Department of Law to acquire property located at 9134 Newburgh Road, Livonia, Michigan, 48150, from Willard H Vanderhoof, which land is more particularly described as follows Part of Lot 746, Supervisor' s Livonia Plat No 12 of part of Section 32, Town 1 South, Range 9 East, described as follows Beginning at a point on the West line of said Section 32, 1014 50 feet due South of the West quarter corner of said Section, thence South 87 degrees 49 minutes 15 seconds East 328 feet to a point, thence due South 152.75 feet to a point, thence North 87 degrees 49 minutes 15 seconds West, 328 feet to a point on the West line of Section 32, thence due North along said line 152.75 feet to the point of beginning, City of Livonia, Wayne County, Michigan, as recorded in Liber 66, page 65 of Plats, Wayne County Records (9134 Newburgh Road, Livonia, Michigan Tax Item No 46-121-01-0746-003) subject to the following terms and conditions 1 The purchase price shall be in the amount of $75,000.00. 23504 lbw 2 The City shall pay the cost of title work in the sum of $400 00, 3. 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 $1600.00, Further, that a sum not to exceed $77,010.00 is hereby appropriated and authorized to be expended from the 7.9 Million Dollar General Obligation Road Improvement Bond Issue for this purpose, and the Department of Public Works is hereby requested to do all things necessary upon the vacating of the aforesaid property to demolish and remove the buildings therein in an expeditious manner #633-87 RESOLVED, that having considered Petition 87-7-3-7 submitted by Dianne Moyer dated June 27, 1987 wherein a request is made for the vacating of a certain alley located north of Joy Road running east and west between Houghton and Hix, north of Joy Road, the Council does hereby refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance Imo #634-87 RESOLVED, that having considered a communication from the Livonia Historical Commission dated July 2, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem wherein permission is requested for the Commission to conduct a Needlework Show at Greenmead on August 2, 1987, in lieu of the Livonia Historical Society, and further requests a waiver of transient merchant license fees for the craft booths, the Council does hereby grant and approve this request in the manner and form herein submitted #635-87 RESOLVED, that having considered the report and recommendation of the Labor Relations Director dated July 6, 1987 which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, and wherein it is recommended that in accordance with the contract previously authorized between the City and Allied Communications, Inc , 17360 West Eight Mile Road, Southfield, Michigan 48075, in Council Resolution 338-85, and which was previously extended in Council Resolution 614-86, and which recommends an additional one-year extension for the maintenance of the City's telephone system on the basis of the same monthly rate previously authorized in the amount of $1 ,187.36, the Council does hereby concur in and approve of such action iww #636-87 WHEREAS, pursuant to the direction of the City Council in its resolution 408-87, adopted on May 6, 1986, and in accordance with Section 3 08 100 of the Livonia Code of 23505 Ordinances, as amended, the City Assessor of the City of Livonia imw has prepared, reported and certified to the Council under date of June 15, 1987 an assessment roll dated June 15, 1987 for the proposed improvement consisting of placing approximately 4 inches of asphalt over the existing roadway (20 to 22 feet wide) (Alternate IV) on Fairfield and Mayfield south of Six Mile Road 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 408-87 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 Monday, August 17, 1987, 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 Monday, August 17, 1987, at 8 00 P M , the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office #637-87 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, August 31 , 1987 at 8 00 P.M , the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1 ) Petition 87-5-1-21 , submitted by Philip Barth for a change of zoning of property located on the east side of Farmington Road between Curtis and Pickford in the Northwest 1/4 of Section 10, from R-1 to P.S. , the City Planning Commission in its resolution 6-127-87 23506 having recommended to the City Council that Petition 87-5-1-21 be approved, (2) Petition 87-5-1-20, submitted by Donald and Charles Colsher for a change of zoning of property located on the north side of Bretton Road between Middlebelt and Louise in the Southeast 1/4 of Section 2, from P.L to RUFA, the City Planning Commission in its resolution 6-126-87 having recommended to the City Council that Petition 87-5-1-20 be approved, (3) Petition 87-4-1-19, submitted by S E.M M Company for a change of zoning of property located on the east side of Newburgh Road, north of Seven Mile Road in the Southwest 1/4 of Section 5 from RUFC to C-1 , the City Planning Commission in its resolution 6-125-87 having recommended to the City Council that Petition 87-1-1-19 be denied. FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth 160 above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution #638-87 RESOLVED, that having considered a communication dated July 2, 1987 from Rapid Oil Change 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 June 30, 1987 by the City Planning Commission in its resolution 6-147-87 with regard to Petition 87-5-2-21 , submitted by Rapid Oil Change requesting permission to construct and operate a quick oil change business located on the South side of Five Mile Road in Section 23, the Council does hereby designate Monday, August 31 , 1987, at 8 00 P.M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necesary 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 23507 LA roll call vote was taken on the foregoing resolutions with the following result. AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS: None. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #639-87 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated July 7, 1987 and submitted pursuant to Council Resolution 547-87 in connection with a communication from the Director of Finance dated June 4, 1987, approved for submission by the Mayor Pro Tem with regard to a possible change in the form of the City' s investments and having also considered a communication from the City Treasurer dated June 8, 1987 in connection therewith, the Council does hereby authorize the Finance Director to enter into negotiations with Michigan banking institutions regarding the establishment of a trust agreement for the purpose of investing in U.S. Government backed higher yield long term securities in accordance with applicable law On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #640-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated July 6, 1987 submitted pursuant to Council Resolution 552-87 in connection with a communication from the City Auditor, Plante & Moran, 27400 Northwestern Highway, P O. Box 307, Southfield, Michigan 48037-0307 dated May 18, 1987 to which is attached the financial report with additional information for the year ending November 30, 1986, the Council does hereby determine as follows. A. INVESTMENTS This matter is being reported out by the Finance and Insurance Committee; B. CITY CHARTER RECOMMENDATIONS (PURCHASES AND BIDDING PROCEDURES) Refer to the Finance Director for his report and recommendation as to any modification in the present Lordinance which the City Council should consider, 23508 Imo C. CITY COUNCIL PROCEDURES No further action, D. PENALTY & SHUTOFF PROCEDURE Refer to the Water & Sewer Board and the Water Department for a report and recommendation with respect to adding a reasonable fee or penalty on untility bills which are added to the tax roll , E. ELIMINATE & COMBINE UNNECESSARY FUNDS Refer to the Finance Director for a report and recommendation to be submitted to the Finance & Insurance Committee, F. BUDGETING Refer to the Finance Director for his report and recommendation, G. ADMINISTRATIVE FEES Refer to the Finance Director for his report and recommendation, H. INTERNAL AUDIT PROCEDURES Request the Finance Director to implement the comments and suggestions, I INTERFUND RECEIVABLES AND PAYABLES No further action, J. THE SINGLE AUDIT ACT No further action, K. LONG-TERM DEBT Refer to the Finance Director for his report and recommendation, and L. CONDITION OF ACCOUNTING RECORDS AND FINANCIAL REPORTING No further action On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was 23509 Ibm #641-87 RESOLVED, that having considered the report and recommendation of the Water, Drainage, Sewage and Waste Disposal Study dated July 7, 1987 with regard to the City's Waste Disposal Contract, the Council does hereby request that the Department of Public Works prepare specifications for solicitation of proposals for the City Waste Disposal Service. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #642-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated July 8, 1987 and submitted pursuant to Council Resolution 196-87 in connection with a request that the matter of Special Assessment District 271 , Parcel A2a, be held in abeyance until the Committee of the Whole has an opportunity to review findings to be submitted by Dykema, Gossett, Spencer, Goodnow & Trigg, the Council does hereby determine to take no further action with regard to reducing the assessment charged to parcel A2a, leaving the assessment roll as is, and the action taken in Council Resolution 196-87 is hereby terminated LA roll call vote was taken on the foregoing resolution with the following result. AYES. Feenstra, Taylor, Bennett, Ochala, McCann. NAYS. McCotter. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #643-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated July 8, 1987 submitted pursuant to Council Resolution 247-87 in connection with the report and recommendation of the City Engineer dated February 23, 1987 which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem and which submits final information with regard to Cavell (Five Mile To Oakley) and Oakley (Cavell to Inkster) Street Paving Project, S.A.D. 271 , the Council does hereby determine as follows. 23510 1 Authorize reducing the assessments as set forth in the confirmed assessment roll for S A D 271 , the revised assessments to be based upon an assessment rate of $47.88 P.F.F rather than $50 65 P.F.F. 2 Establish the final project cost at $368,319.28. Of this total , $260,580 17 is to be charged to the Cavell (5 Mile to Oakley) and Oakley (Cavell to Inkster) S A.D. 271 and $107,811 .11 is to be assumed by the City' s Motor Vehicle Highway Fund receipts 3 Authorize the City Assessor to increase the assessments for parcels listed in Attachment III of City Engineer's letter dated February 23, 1987, so as to include the cost of additional work requested by homeowners within the assessment district. Councilwoman McCotter took from the table and gave second reading to the following Ordinance lb, AN ORDINANCE AMENDING SECTION 160 OF TITLE 9, CHAPTER 32 (ALCOHOLIC BEVERAGES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS None. The President declared the foregoing Ordinance duly adopted and would become effective on publication Councilman Ochala gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 12 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 87-2-1-7, change of zoning from RUF to P S ) Councilman Ochala invoked the Emergency Clause and gave second reading to the following Ordinance and a roll call vote was taken thereon with the following result 23511 liw AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS• None The President declared the foregoing Ordinance duly adopted and would become effective on publication Councilman Feenstra gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 12 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 87-1-1-1 , change of zoning from RUF to R-1 and P S ) Councilman Ochala invoked the Emergency Clause and gave second reading to the following Ordinance and a roll call vote was taken thereon with the following result AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS. None The President declared the foregoing Ordinance duly adopted and would become effective on publication. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #644-87 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated March 26, 1987, the report and recommendation of the Chief of Police dated June 5, 1987 in connection therewith, and a letter from Majid Hanna dated June 25, 1987, the Council does hereby deny the request for approval of a transfer of a 1986 SDM licensed business from Alexander B. Brandon to Majid Hanna for a business located at 16721 Middlebelt, Livonia, Michigan, the action herein being taken for the reasons indicated in the letter from Mr Hanna , and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result AYES. McCotter, Feenstra, Taylor, Ochala, McCann NAYS. Bennett. 23512 The President declared the resolution adopted ibm On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #645-87 RESOLVED, that having considered letters dated June 22, 1987 and July 9, 1987 from Donal M. Stanton, 19658 Melvin Street, Livonia, Michigan 48152 regarding the denial of his claim by the City's insurance representative, regarding alleged damages incurred by him on March 30, 1987 as a result of a sewer backup into his basement, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was #646-87 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated May 19, 1987, and the report and recommendation of the Chief of Police dated June 29, 1987 in connection therewith, the Council does hereby approve of the request from Richard E Sikorski , stockholder in Charley' s Restaurants, Inc. , to transfer ownership of 1987 Class C License Business from C. A. Muer Corporation with Outdoor Service Permit, for a business located at 31501 Schoolcraft, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following resolution AYES McCotter, Taylor, Bennett, Ochala, McCann NAYS Feenstra. The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #647-87 RESOLVED, that having considered a communication from the Director of Community Resources dated June 20, 1987, approved by the City Attorney and the Finance Director and approved for submission by the Mayor Pro Tem and to which are attached the 23513 following agreements for subsidized transportation for seniors and handicapped citizens in the communities of Livonia, Northville, Plymouth, Plymouth Township, Northville Township, Farmington and Farmington Hills. Agreement between City of Livonia and SEMTA for FY 1987 Agreement between City of Livonia and Northwest Transport for FY 1987 Amendatory Agreement between City of Livonia and SEMTA for FY 1987 the Council does hereby approve these agreements and authorize the Mayor Pro Tem and City Clerk for and on behalf of the City of Livonia to execute the proposed agreements subject to approval as to form by the Department of Law On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #648-87 RESOLVED, that having considered a communication from the Director of Community Resources dated June 30, 1987, approved by the City Assessor and the Finance Director and approved for submission by the Mayor Pro Tem and to which is attached an agreement between the City of Livonia and Alternative Community Transportaton Service for a portion of FY 1987 and all of FY 1988 with regard to subsidized transportation of seniors and handicapped citizens, the Council does hereby approve the revisions referred to in the aforesaid communication and does further authorize the Mayor Pro Tem and City Clerk for and on behalf of the City of Livonia to execute the attached agreements for SEMTA and Alternative Community Transportation Service/1987/1988 providing that the agreements are approved as to form by the Department of Law, and the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04 140.D.5 of the Livonia Code of Ordinances, as amended On a motion by Councilwoman McCotter, seconded by Councilman Feenstra, and unanimously adopted, it was #649-87 RESOLVED, that having considered a communication from the Michigan Municipal Workers' Compensation Fund dated June 25, 1987 regarding the 1987 election of seven Fund Trustees, the Council does hereby determine to take no further action. 23514 On a motion by Councilman Feenstra, seconded by Councilman Taylor, and Lem unanimously adopted, it was #650-87 RESOLVED, that having considered a communication from the Department of Law dated June 16, 1987 and submitted pursuant to Council Resolution 521-85 regarding the matter of whether a minimum age should be established for door-to-door solicitation, the Council does hereby determine to take no further action On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #651-87 RESOLVED, that having considered a letter from Joseph W. Sutschek, 4540 Arline, Orchard Lake, Michigan 48033 dated July 1 , 1987 which appeals a decision made by the Water and Sewer Board with regard to a request for reimbursement of expenses for sewer connection costs, the Council does hereby determine to deny this request and to take no further action. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #652-87 RESOLVED, that having considered a communication from the City Planning Commission dated April 29, 1987 which sets forth its resolution 4-77-87 adopted on April 21 , 1987 with regard to Petition 87-1-1-4, submitted by K-1 Partners for a change of zoning on property located on the south side of Five Mile Road, east and west of Gary Lane in the Northwest 1/4 of Section 21 , from R-2 to R-6, and the Council having conducted a public hearing with regard to this matter on Monday, June 29, 1987 pursuant to Council Resolution 452-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-1-1-4 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Bennett, I.. it was 23515 iim #653-87 RESOLVED, that having considered a communication from the City Planning Commission dated April 30, 1987 which sets forth its resolution 4-78-87 adopted on April 21 , 1987 with regard to Petition 87-2-1-11 , submitted by Richard M. Lewiston for a change of zoning on property located on the northwest side of Joy and Hix Roads in the Southwest 1/4 of Section 31 , from C-2, P S , and R-1 to R-7, and the Council having conducted a public hearing with regard to this matter on Monday, June 29, 1987 pursuant to Council Resolution 452-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-2-1-11 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result: AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS: None. On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was #654-87 RESOLVED, that having considered a communication from the City Planning Commission, dated April 30, 1987, which sets forth its resolution 4-79-87 adopted on April 21 , 1987 with regard to Petition 87-2-1-12, submitted by David Phipps for a change of zoning on property located on the west side of Farmington between Five Mile Road and Lyndon in the Northwest 1/4 of Section 21 , from R-2 to R-9II and P S , and the Council having conducted a public hearing with regard to this matter on Monday, June 29, 1987 pursuant to Council Resolution 452-87, 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, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS: None. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was #655-87 RESOLVED, that having considered a communication from im. the City Planning Commission, dated April 30, 1987, which sets forth its resolution 4-85-87 adopted on April 21 , 1987 with regard to Petition 87-3-6-1 , submitted by the City Planning 23516 lbw Commission to amend Section 2.10, Definitions of Miscellaneous Terms, of Zoning Ordinance 543 by incorporating language regarding the size of private garages, and the Council having conducted a public hearing with regard to this matter on Monday, June 29, 1987 pursuant to Council Resolution 452-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-3-6-1 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Councilman Bennett, seconded by Councilman Taylor, it was 1656-87 RESOLVED, that having considered a communication from the City Planning Commission, dated May 20, 1987 which sets forth its resolution 5-95-87 adopted on May 12, 1987 with regard to Petition 87-3-1-15, submitted by Ted D Zuchlewski for a change of zoning on property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4 from RUFC to C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, July 8, 1987 pursuant to Council Resolution 498-87, the Council does lbw hereby concur in the recommendation of the Planning Commission and the said Petition 87-3-1-15 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES McCotter, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS None On a motion by Councilman Feenstra, seconded by Councilman Ochala, it was #657-87 RESOLVED, that having considered a communication from the City Planning Commission, dated May 20, 1987 which sets forth its resolution 5-98-87 adopted on May 12, 1987 with regard to Petition 87-4-1-18, submitted by Anthony C Rea for a change of zoning on property located on the northeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33 from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, July 8, 1987 pursuant iww to Council Resolution 498-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-4-1-18 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. 23517 Imo A roll call vote was taken on the foregoing resolution with the following result AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #658-87 RESOLVED, that having considered a communication from the City Planning Commission, dated May 21 , 1987 which sets forth its resolution 5-105-87 adopted on May 12, 1987 with regard to Petition 87-3-1-13, submitted by S EMM G for a change of zoning on property located on the south side of Seven Mile Road, west of Stamford in the Northeast 1/4 of Section 9, from R-3 to R-2 and C-1 , and the Council having conducted a public hearing with regard to this matter on Wednesday, July 8, 1987 pursuant to Council Resolution 498-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-3-1-13 is hereby approved and granted except for the west 14 feet, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Feenstra, seconded by Councilman Bennett, the following substitute resolution was moved RESOLVED, that having considered a communication from the City Planning Commission, dated May 21 , 1987 which sets forth its resolution 5-105-87 adopted on May 12, 1987 with regard to Petition 87-3-1-13, submitted by S.E M.M G for a change of zoning on property located on the south side of Seven Mile Road, west of Stamford in the Northeast 1/4 of Section 9, from R-3 to R-2 and C-1 , and the Council having conducted a public hearing with regard to this matter on Wednesday, July 8, 1987 pursuant to Council Resolution 498-87, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 87-3-1-13 is hereby approved and granted in its entirety, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating im. the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 23518 A roll call vote was taken on the substitute resolution with the following result• AYES. Feenstra, Bennett. NAYS: McCotter, Taylor, Ochala, McCann. The President declared the substitute resolution denied On a motion by Councilman Feenstra, it was RESOLVED, that the foregoing resolution be amended so as to except the west 20 feet in lieu of the west 14 feet The foregoing motion failed for lack of support A roll call vote was taken on the original motion with the following result. AYES McCotter, Feenstra, Taylor, Bennett, Ochala, McCann NAYS None On a motion by Councilman Feenstra, seconded by Councilman Ochala, it was #659-87 RESOLVED, that having considered a communication from the City Planning Commission, dated June 17, 1987, which sets forth its resolution 6-128-87 adopted on June 16, 1987 with regard to petition 87-5-2-15 submitted by Lidia Veri requesting waiver use approval to utilize an SDM License in connection with a proposed bakery to be located on the north side of Seven Mile Road, east of Farmington Road in the Southwest 1/4 of Section 3, which property is zoned C-1 , and the Council having conducted a public hearing with regard to this matter on Wednesday, July 8, 1987 pursuant to Council Resolution 578-87, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition 87-5-2-15 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES• McCotter, Feenstra, Taylor, Bennett, Ochala NAYS• McCann The President declared the resolution adopted 23519 ImmOn a motion by Councilman Feenstra, seconded by Councilwoman McCotter, it was #660-87 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 6, 1987 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 July 8, 1987, 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 and water main construction improvements on Munger, east of Merriman, T.15. , R.9E in the Northwest 114 of Section 14, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated May 6, 1987, (4) determine that the estimated cost of such improvement is $52,485. (5) determine that the cost of said improvement shall be paid for 100% by special assessments on the property benefited thereby 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 0% and that the balance of said cost and expense of said public improvement amounting to $52,485.18 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 for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, ihm (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows. 23520 A special assessment district in the N. W. 1/4 of Section 14, T. 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment District Plan and the Special Assessment Roll . (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels 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 attached thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3.08.110 of the said Code A roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Feenstra, Bennett, Ochala, McCann. NAYS: Taylor. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was #661-87 RESOLVED, that having considered the report and recommendation of the Roads Beautification Committee dated July 9, 1987 and submitted pursuant to Council Resolution 462-87 and having also considered a letter from the Planning Director dated July 9, 1987 in connection with a letter from the Michigan Liquor Control Commission dated March 12, 1987 and the report and recommendation of the Chief of Police dated May 5, 1987, the Council does hereby approve of the request from Jeffery Yaffai to transfer ownership of a 1986 SDM licensed business from Noori Jolagh for a business known as Livonia Party Mart 23521 Imo and located at 28905 Plymouth Road, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #662-87 RESOLVED, that having considered a communication dated July 1 , 1987, from the Department of Law transmitting for Council acceptance a Warranty Deed, more particularly described as Warranty Deed dated June 29, 1987, executed by Angelo D'Orazio, Tony Naurato, Donato Veri , and Joseph P. Durso, co-partners of Stark Plaza, a Michigan co-partnership, for: The North 60 feet and also the West 40 feet of the following parcel of land. A parcel of land located in the N E 1/4 Section 33, T.1S. , R.9E. , City of Livonia, being more particularly described lio as: Beginning at the North 1/4 corner of Section 33, proceeding thence S. 0 degrees 56' E. 478.0 feet; thence N. 88 degrees 29' E. 399 94 feet, thence N. 0 degrees 56' W. 467.41 feet, thence due West 400.00 feet to the point of beginning. (Plymouth Road and Stark Road rights-of-way respectively) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty 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 On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was 1663-87 RESOLVED, that having considered a communication from the Department of Law, dated July 1 , 1987, submitted pursuant to Council Resolution 520-87, transmitting for Council acceptance a warranty deed dated July 1 , 1987, executed by Anna E. Lockwood, survivor of herself and Willard E. Lockwood, her deceased husband, conveying to the City certain property described as follows. Iwo Lot 8, except the West 70 feet thereof, Horton' s Subdivision, as recorded in Liber 32, Page 24 of Plats, Wayne County Records. 23522 the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 1664-87 RESOLVED, that having considered a communication dated June 25, 1987, from the Department of Law transmitting for Council acceptance two (2) Grants of Easement, more particularly described as: (1 ) Grant of Easement dated June 12, 1987, executed by Earl P. Harkins and Patricia A Harkins, his wife for The South 10 feet of the following described parcel : Lot 146 of Brightmoor Home Acres Subdivision, being a part of the S.W. 1/4 of Section 15, T.1S. , R.9E. , Livonia Township, (now City of Livonia), Wayne County, Michigan. (Bureau of Taxation parcel 15b146) AND (2) Grant of Easement dated June 12, 1987, executed by Donald N. Misenar and Linda S. Misenar, his wife for: The South 10 feet of the following described parcel . The South 70 feet of lot 135 of Brightmoor Homes Acres Subdivision, being a part of the S W. 1/4 of Section 15, T.1S. , R.9E. , Livonia Township (now City of Livonia), Wayne County, Michigan (Bureau of Taxation Parcel 15b135B) 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 Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. 23523 On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #665-87 RESOLVED, that having considered a communication from the Mayor Pro Tem dated July 6, 1987 which bears the signature of the Finance Director and which recommends certain salary and benefit changes for administrative and professional and other employees of the City including appointees and confidential and other employees not covered by contracts which adjustments and wages and other benefits are subject to final adjustment pursuant to Local 192 contract settlement and which proposal is made for the years beginning December 1 , 1986, December 1 , 1987 and December 1 , 1988, with the wage adjustment for the first year being made retroactive to and commencing from December 1 , 1986, and the overall terms and conditions of which are as follows• WAGE ADJUSTMENT: 1986-87 4. 5% 1987-88 3 0% 1988-89 3.0% Wages subject to final adjustment pursuant to Local 192 contract settlement lip PENSION. For the period December 1 , 1986 through November 30, 1989, an early retirement window will be provided which will permit employees whose age and length of city service equals at least 80 years or employees age 55 with at least 10 years of service to retire with full benefits HOLIDAYS. Presidents Day in lieu of Lincoln's Birthday. VACATION: YEARS OF SERVICE DAYS OF ANNUAL 1 - 5 10 working days 5 - 10 15 working days 10 - 20 20 working days 20 - 25 22 working days 25 or more 23 working days PAID UP LIFE INSURANCE FOR RETIREES. ift. $3000 with $1 ,000 decrease per step in the present life insurance plan for active members 23524 lbw DENTAL Employee is permitted to carry over unused benefits up to amounts indicated on the table below They will also be permitted to receive an advance on benefits, subject to a pro-rata pay back on termination prior to the end of the contract. The pay back will be deducted from the employee's last check 12/1/85 12/1/86 12/1/87 12/1/88 Reimbursed 275 325 350 375 Carry Over 500 600 675 725 OPTICAL The amounts shown below apply once every two years to the provider of the employee' s choice. This is an alternative to once every two years for each of the employee's family members as presently provided. 12/1/86 12/1/87 12/1/88 Iwo 45 60 75 TRAINING ALLOWANCE• One time only allowance of $100.00 in 1986-87 for each employee who works on a CRT or an electric typewriter MEDICAL BENEFITS. Will be adjusted pursuant to the Local 192 settlement the Council does hereby concur in and approve of the aforesaid action in the manner and form herein submitted On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was 4666-87 WHEREAS, it has recently been determined that CTANS may no longer be utilized in connection with summer tax collections, and WHEREAS, the Livonia and Clarenceville School Districts ib. now find themselves to be in the pre-CTAN environment concerning tax collections, and 23525 ImmtWHEREAS, the School Districts are concerned with frequency and timeliness of collections, to preclude the liquidity problems the summer tax collections were intended to eliminate; and WHEREAS, a solution to this problem has been proposed in the form of a remittance schedule to cover summer tax collections for the period July 1 to October 15, 1987, which schedule is as follows. SUMMER TAX COLLECTION July 1 to October 15, 1987 REMITTANCE SCHEDULE Collection Period Remittance Schedule 7/01 - 7/10 7/17 7/13 - 7/24 7/31 7/27 - 7/31 8/07 8/03 - 8/07 8/14 8/10 - 8/14 8/21 8/17 - 8/21 8/28 8/24 - 8/28 9/04 8/31 - 9/04 9/11 9/07 - 9/11 9/18 9/14 - 9/18 9/25 Settlement 10/15 Ten payments plus a final settlement over a 105 day interval . NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby request that the City Treasurer do all things necessary in the collection, remittance and distribution of summer taxes to the Livonia and Clarenceville Public Schools School Districts to conform to and comply with the aforesaid remittance schedule. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #667-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 26, 1987 and approved for submission by the Mayor pro Tem, the Council does hereby authorize the Mayor Pro Tem and City Clerk for and on behalf of the City of Livonia to execute an appropriate deed conveying the following right-of-way for Merriman Road from the City of Livonia to the County of Wayne: i.. 23526 A parcel of land in the N.E. 1/4 of Section 27, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, described as follows: Commencing at the E. 1/4 corner of Section 27, T.1S. , R.9E. , and proceeding thence along the E. line of said Section 27, N. 09D2'20" W. , 48. 53 feet, thence N 89°22' 35" W. , 60.00 feet to the point of beginning of the parcel herein described, said point being the intersection of the W. line of Merriman Road (120.00' wide) with the N. line of the Chesapeake and Ohio Railroad right-of-way, thence along the N. line of the Chesapeake and Ohio Railroad right-of-way, N. 89°22'35" W. , 80.00 feet, thence N. 5°00'31 " E , 401 .08 ft. , thence S. 89°22' 35" E. , 44.71 ft. to a point on the W. line of Merriman Rd (120 00' wide) , thence along said line, S. 0°02' 20" E , 399.93 ft. to the point of beginning, containing 0. 5725 acres. (Merriman Rd. Right-of-Way - Road Purposes and Uses) A communication from the Planning Director, dated July 6, 1987, re Council Resolution 540-87 - Complaint from Laurel Woods Condo Association was received and placed on file for the information of the Council . On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was #668-87 RESOLVED, that having considered a letter from Judy Weiser, 33110 Perth, Livonia, Michigan 48154 dated June 28, 1987 wherein it is requested that the City of Livonia consider adopting legislation regulating and/or prohibiting the ownership of pit bulls in this community, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #669-87 RESOLVED, that having considered a communication dated July 9, 1987, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as. Grant of Easement dated July 1 , 1987, executed by Jalil F. Warra and Nahil Warra, his wife, for. The North 12 feet of the following parcel of land: 23527 Land situated in the City of Livonia , Wayne County, Michigan, described as follows. That part of the East 1/2 of the Southeast 1/4 of Section 36, described as beginning at a point on the North line of Joy Road distant N. 0°03' East 60.0 feet and North 89°41 ' West 395. 11 feet from the Southeast corner of Section 36, and proceeding thence N 89°41 ' West along said line 80.0 feet, thence N. 0°04'40" East 390.0 feet, thence South 89°41 ' East 80 feet; thence S. 0°04'40" West 390.0 feet to the point of beginning, also described as the West 80 feet of the East 475.11 feet measured along the South line of Section 36 of the South 450 feet of the East 1/2 of the Southeast 1/4 of Section 36, T.1S. , R 9E. , except therefrom the South 60 feet to be used for road purposes. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Ochala, seconded by Councilwoman McCotter, and unanimously adopted, it was #670-87 RESOLVED, that having considered a communication dated July 6, 1987, from the Engineering and Building Department which bears the signature and approval as to form by the City Attorney and is approved for submission by the Mayor Pro Tem, transmitting for Council acceptance five (5) Grants of Easement, more particularly described as: Five (5) Grants of Easement dated June 25, 1987, executed by William G. Barker, Chief Financial Officer, Senior Vice-President of the CBS/Fox Company, a New York Partnership, for: EASEMENT DESCRIPTIONS (1 ) A 10 ft. wide easement for sanitary sewer being a part of the S.W. 1/4 of Section 6, T 1S. , R. 9E. , City of Livonia, Wayne County, Michigan described as follows: Commencing at the S.W. corner of Section 6, T. 1S. , R. 9E. , City of Livonia, Wayne County, Michigan and proceeding thence; N. 01° 51 ' 00" E. 922.71 feet along the west line of said section and N. 89° 11 ' 00" E. 60.20 feet and N. 01 ° 51 ' 00" E. 1 ,122.81 feet and S. 88° 47' 02" E 871 41 feet to the m. point of beginning and proceeding thence N. 01 ° 47 ' 48" E. 499.97 feet, thence S. 88° 47' 02" E. 10.00 feet, thence S. 23528 01 ° 47' 48" W. 500.01 feet, thence N. 88° 12' 12" W. 10.00 feet to the point of beginning and containing 0.115 acres of land more or less. (2) A 20 ft. wide sanitary sewer easement being a part of the fractional S.W. 1/4 of Fractional Section 6, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, lying 10 feet on each side of a centerline described as: Commencing at the S.W. corner of Fractional Section 6, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan and proceeding thence S. 89° 14' 49" E. 946.05 feet along the South line of said section and N. 03° 00' 56" E. 60 02 feet and S. 88° 14' 49" E. 73.66 feet and N. 00° 17' 43" E. , 182 15 feet and N. 49° 13' 17" W. 202.00 feet and N. 04° 35' 47" W. 335.00 feet and N. 24° 59' 13" E. 350.00 feet to the point of beginning and proceeding thence N. 20° 45' 47" W. 190.00 feet, thence N. 04° 54' 13" E. 620.00 feet, thence N. 11 ° 49' 13" W. 265.00 feet to the point of ending. (3) A 40 ft. wide storm sewer easement being a part of the Fractional S.W. 1/4 of Fractional Section 6, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan described as follows• Commencing at the S.W. corner of Fractional Section 6, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, and proceeding thence S. 89° 14' 49" E. 946.05 feet along the south line of said section and N. 03° 00' 56" E. 60.02 feet and S. 88° 14' 49" E. 248.95 feet and N. 01 ° 45' 11 " E. 40.00 feet and S. 88° 14' 49" E. 210.00 feet and N. 46° 45' 11 " E. 176.78 feet and N. 010 45' 11" E. 213.05 feet to the point of beginning, proceeding thence; N 54° 37' 42" W 40 00 feet, thence N. 35° 22' 18" E. 439.47 feet, thence N 24° 29' 57" E. 66.19 feet, thence S 65° 30' 03" E. 40.00 feet, thence S. 24° 29' 57" W. 70.00 feet, thence S. 35° 22' 18" W 443.28 feet to the point of beginning and containing 0.468 acres of land, more or less (4) A 20 ft. wide sanitary sewer easement being a part of the Fractional S.W. 1/4 of Fractional Section 6, T.1S. , R 9E , City of Livonia, Wayne County, Michigan, lying 10 feet on each side of a centerline described as: Commencing at the S.W. corner of Fractional Section 6, T.1S. , R.9E , City of Livonia, Wayne County, Michigan and proceeding thence S. 89° 14' 49" E. 946.05 feet along the South line of said section and N. 03° 00' 56" E. 60.02 feet and S. 88° 14' 49" E. 73.66 feet to the point of beginning, proceeding thence N. 00° 17' 43" E. 182.15 feet, thence N. 49° 13' 17" W. 202.00 feet, thence N. 04° 35' 47" W. 335.00 feet; thence N. 24° 59' 13" E. 350.00 feet; thence N 84° 30' 00" E. 115.00 feet to the point of terminus of said easement. 23529 (5) A 20 ft. wide water main easement being a part of the Fractional S.W. 1/4 of Fractional Section 6, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, lying 10 feet on each side of a centerline described as follows: Commencing at the S.W. corner of Fractional Section 6, T.1S , R.9E. , City of Livonia, Wayne County, Michigan, and proceeding thence S. 88° 14' 49" E 946 05 feet along the South line of said section and N. 03° 00' 56" E. 60.02 feet and S. 88° 14' 49" E. 228.95 feet to the point of beginning, proceeding thence N. 01 ° 45' 11 " E. 185.00 feet, thence N. 61° 45' 11 " E. 88.00 feet, thence N. 39° 15' 11 " E. 128.00 feet, thence N. 08° 15' 11 " E. 162.00 feet, thence N. 24° 15' 11 " E 145.00 feet; thence N. 35° 30' 11 " E. 200.00 feet; thence N. 15° 30' 11 " E. 170.00 feet, thence N. 43° 00' 11 " E. 90.00 feet; thence N. 15° 30' 11 " E. 137.00 feet, thence N. 43° 00' 11 " E. 90.00 feet; thence N. 15° 30' 11 " E. 292.00 feet, thence N 35° 29' 49" W. 60.00 feet, thence N. 74° 29' 49" W. 480.00 feet; thence N. 84° 29' 49" W 290.00 feet, thence N. 59° 47' 02" W. 555.00 feet, thence N. 88° 47' 02" W. 275.00 feet, thence N. 78° 47' 02" W. 75.00 feet, thence N. 88° 47' 02" W. 70.00 feet to the point of terminus of said 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 the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Council Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was I67 -87 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 Bennett, seconded by Councilwoman McCotter, and unanimously adopted, it was 1672-87 WHEREAS, pursuant to the direction of the City Council in its resolution 608-87, adopted on July 1 , 1987, and in accordance with Section 3.08.100 of the Livonia Code of ift. Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of July 9, 1987 an assessment roll dated July 9, 1987 for street improvement of Brightmoor Home Acres Subdivision, located in 23530 16 the Southwest 1/4 of Section 15 which property would be improved by either 4" of asphalt over the existing roadway, 20' to 22' wide (Alternate IV) or with a 28 ft wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) with an Alternate II improvement at all intersections of Farmington and Five Mile Roads in front of the commercial property 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 No. 608-87, 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 Monday, August 17, 1987 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; 161, 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 August 17, 1987. The City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor' s office. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #673-87 WHEREAS, pursuant to the direction of the City Council in its resolution 1174-86, adopted on December 8, 1987, 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 July 9, 1987 an assessment roll dated July 9, 1987 for street improvement consisting of placing 4" of asphalt over the existing roadway (Alternate IV) on Myrna, Loveland to Hubbard, located Ift. in the Southwest 1/4 of Section 15 of the City of Livonia containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district 23531 heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution No. 608-87, 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 Monday, August 17, 1987 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 August 17, 1987. The City Clerk is also directed to give notice of said hearing by sending written notice thereof by 161. first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #674-87 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, August 31 , 1987, at 8.00 p m. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 87-5-1-24, submitted by John Del Signore for a change of zoning of property located on the north side of Schoolcraft Road between Eckles road and the I-96 Freeway in the Southwest 1/4 of Section 19 from R-1 to C-2 and P, the City Planning Commission in its resolution 6-145-87 lbw having recommended to the City Council that Petition 87-5-1-24 be approved, 23532 Further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #675-87 RESOLVED, that having considered a communication from the City Planning Commission, dated March 6, 1987, which sets forth its resolution 2-47-87 adopted on February 24, 1987 with regard to Petition 87-2-1-8, submitted by William Roskelly for Jack Shenkman for a change of zoning on property located on the south side of Seven Mile Road and on the east and west side of Newburgh Road in the Northeast 1/4 of Section 7 and the Northwest 1/4 of Section 8 from AG to R-3, R-4, R-7 and R-8, and the Council having conducted a public hearing with regard to this matter on Monday, May 4, 1987, pursuant to Council Resolution 271-87, the Council does hereby concur in part and reject in part the recommendation of the Planning Commission and the said Petition 87-2-1-8 is hereby approved and granted with respect to the requested R-3 and R-4, and from AG to R-3 in lieu of the requested R-7 and R-8 west of Newburgh Road, and from AG to R-4 in lieu of the requested zoning change to R-7 and R-8, east of Newburgh Road, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. By Councilman Ochala, seconded by Councilman Feenstra, the following substitute resolution was moved RESOLVED, that having considered a communication from the City Planning Commission, dated March 6, 1987, which sets 23533 Lforth its resolution 2-47-87 adopted on February 24, 1987 with regard to Petition 87-2-1-8, submitted by William Roskelly for Jack Shenkman for a change of zoning on property located on the south side of Seven Mile Road and on the east and west side of Newburgh Road in the Northeast 1/4 of Section 7 and the Northwest 1/4 of Section 8 from AG to R-3, R-4, R-7 and R-8, and the Council having conducted a public hearing with regard to this matter on Monday, May 4, 1987, pursuant to Council Resolution 271-87, the Council does hereby concur in the recommendation of the Planning Commission and said Petition 87-2-1-8 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the substitute resolution with the following result: AYES McCotter, Feenstra, Ochala. NAYS: Taylor, Bennett, McCann. The President declared the resolution denied. A roll call vote was taken on the original motion with the following result: AYES Taylor, Bennett, Ochala, McCann NAYS. McCotter, Feenstra. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was 1676-87 RESOLVED, that the Council does hereby refer to the City Council/Schools Liaison Committee for its report and recommendation the matter of the current use and zoning classification and the Dickinson School Property located on the east side of Newburgh Road north of Six Mile. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 1677-87 RESOLVED, that having considered a communication from the City Planning Commission, dated March 6, 1987, which sets forth its resolution 2-48-87 adopted on February 24, 1987 with regard to Petition 87-2-1-9, submitted by William Roskelly for Jack Shenkman for a change of zoning on property located on the south side of Seven Mile road and on the east and west sides 23534 of Newburgh Road in the Northeast 1/4 of Section 7 and the Northwest 1/4 of Section 8 from C-2 and AG to C-2, C-4-II , P.O. I and P.O. II , and the Council having conducted a public hearing with regard to this matter on Monday, May 4, 1987, pursuant to Council Resolution 271-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-2-1-9 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was 1678-87 RESOLVED, that the Council does in accordance with the provisions set forth in Section 23.01 (a) of Zoning Ordinance No. 543, as amended, request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation to the Council on the question of whether or not the property which was the subject of Petition 87-2-1-9 (not including the existing C-2) should be rezoned from AG to R-3 west of Newburgh Road and from AG to R-3 west of Newburgh Road and from AG to R-4 east of Newburgh Road. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was #679-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated July 15, 1987 and submitted pursuant to Council Resolution 588-87 in connection with a communication from the City Planning Commission dated June 18, 1987 which transmits its resolution 6-130-87 adopted on June 16, 1987 with regard to Petition 87-5-2-16, submitted by Michael Boggio Associates requesting waiver use approval to construct a retail shopping plaza on the south side of Five Mile Road between Bainbridge and Spanich Court in the Northwest 1/4 of Section 23, which property is zoned C-2, P and RUF, the Council does hereby concur in the recommendation of the Planning Commission and Petition 87-5-2-16 is hereby approved and granted, the action herein conditioned upon and subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission as well as based upon a revised building elevation plan dated June 12, 1987 and the following additional conditions. 1 A sign plan must first be approved by the City Council before issuance of any sign permit for a free standing lb. sign. 23535 Imw 2. There shall be constructed a public sidewalk within the Bainbridge Avenue right-of-way in accordance with City standards. A roll call vote was taken on the foregoing resolution with the following result: AYES• McCotter, Feenstra, Taylor, Bennett, McCann. NAYS: Ochala. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, this 1 ,108th Regular Meeting of the Council of the City of Livonia was adjourned at 9 30 P.M. , July 15, 1987 --(e-14AIR sf-#4•11 Robert F. Nash, City Clerk