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HomeMy WebLinkAboutCOUNCIL MINUTES 1986-04-09 22398 lap MINUTES OF THE ONE THOUSAND AND SEVENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 9, 1986, 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 Bennett delivered the invocation. Roll was called with the following result: Robert R. Bishop, Joan McCotter, Fernon P. Feenstra, Robert E. McCann, Gerald Taylor, Robert D. Bennett and Ron Ochala; absent -- none. Elected and appointed officials present: Robert F. Nash, City Clerk; Cathryn Kerby White, Assistant City Attorney; Jack Dodge, Director of Finance; John Nagy, Planning Director; H. Shane, Assistant Planning Director, G. E. Siemert, City Engineer; Russell A. Gronevelt, Director of Public Works, Marilyn Kazmer, Director of Legislative Affairs; Joan Duggan, Executive Assistant to the Mayor, Barney Knorf, Fire Chief; L. Patricia Smith, Traffic Commission and Michael Reiser, Facility Maintenance Supervisor. By Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #325-86 RESOLVED, that the minutes of the 1 ,076th Regular Meeting of the Council of the City of Livonia, held March 26, 1986, are hereby approved. A communication from the City Attorney, dated March 17, 1986, re Application of Protest Petition to Amendment of Zoning Map was received and filed for the information of the Council . A communication from the Mayor, dated March 19, 1986, re Annual Report from Wayne Oakland Library Federation (WOLF) was received and filed for the information of the Council . On a motion by Councilman Taylor, seconded by Councilman Feenstra, and Imo unanimously adopted, it was 22399 #326-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 17, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Burke Equipment Company, 36000 Mound Road, Sterling Heights, Michigan 48077, for supplying the Public Service Division (Road Maintenance Section) with four (4) Trailer-Mounted Leaf Loaders for a net price of $54,396.00, based on a total price of $58,396.00 less trade-ins of $4000.00, the same having been in fact the lowest bid received and meets specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $54,396.00 from the Refuse Fund of the Unexpended Fund Balance Account for this purpose. #327-86 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 5, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Micro-Image Systems, Inc. , 17337 Lahser Road, Detroit, Michigan 48219, for the microfilming of Police Department Records at the unit prices bid, as set forth in the aforesaid communication, the same having been in fact the lowest bid received and meets all specifications. #328-86 RESOLVED, that having considered a letter from the Imo Michigan Liquor Control Commission, dated February 14, 1986, and the report and recommendation of the Chief of Police, dated March 14, 1986, in connection therewith, the Council does hereby approve of the request from L & R Super Market, Inc. , for transfer of ownership of 1985 SDM License from Chatham Super Markets, Inc. , for a business located at 31300 Five Mile Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #329-86 RESOLVED, that having considered a communication from the City Treasurer, dated March 17, 1986, with regard to the proposed cancellation of certain 1979 personal property taxes, the Council does hereby authorize the City Treasurer to petition the Circuit Court for the County of Wayne to cancel the said 1979 personal property taxes in accordance with the provisions of State Statute, and the Department of Law is hereby requested to institute the aforesaid litigation in the wanner and form herein authorized. #330-86 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 18, 1986, approved for submission by the Mayor, to which is attached an interim statement for services rendered through February 14, 1986 in the case of Grant/Capizzi v City of Livonia, in the amount of $2379.00, the Council does hereby approve and authorize the payment of same in the manner and form herein submitted. 22400 #331-86 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 18, 1986, approved for submission by the Mayor, to which is attached an interim statement for services rendered through February 14, 1986 in the case of Grant/Capizzi v City of Livonia, in the amount of $2379.00, the Council does hereby refer this item to the Finance and Insurance Committee for its information. #332-86 RESOLVED, that having considered a letter from the Co-Chair of Walk for Mankind, dated February 18, 1986, wherein a request is submitted for approval to use the W.W. Edgar Ice Arena on Saturday, May 17, 1986, as well as a request for a waiver of fees for services rendered by police reserves, the Council does hereby approve and authorize the use of the Eddie Edgar Ice Arena free of charge in the manner and form herein requested; and the Mayor is hereby requested to submit his report and recommendation with respect to the request for a waiver of fees and costs with regard to the services of the Police Reserves. #333-86 WHEREAS, the City Clerk has received an application for Industrial Facilities Exemption Certificate from Robert L. Recchia, Treasurer, GFV Communications, Inc. (Valassis Printing Co. ), 35955 Schoolcraft Road, Livonia, Michigan 48150, dated February 20, 1986, covering machinery and equipment to be located lbw within City of Livonia Industrial Development District No. 33; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA THAT IT DETERMINES AS FOLLOWS: 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council 's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council 's desire to hold a hearing on this Application on Wednesday, May 14, 1986, at 8:00 p.m. , at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. 3. The Council hereby sets Wednesday, May 14, 1986, at 8:00 p.m. at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a public hearing on said Application. #334-86 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 22401 125.584), as well as Article XXIII of Ordinance No. 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 Wednesday, May 14, 1986, at 8:00 p.m. , at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: 1 . Petition 86-2-1-5, submitted by Milton and Patricia Vingsness, for a change of zoning of property located on the east side of Eckles Road, north of Schoolcraft Road, in Section 19, from R-1 to C-2, the City Planning Commission in its resolution 3-61-86 having recommended to the City Council that Petition 86-2-1-5 be approved; 2. Petition 86-2-1-6, submitted by Robert K. Seymour for James Martin, for a change of zoning of property located on the east side of Farmington Road, south of Eight Mile Road, in the Northwest 1/4 of Section 3 from R3-A to C-2, the City Planning Commission in its resolution 3-62-86 having recommended to the City Council that Petition 86-2-1-6 be approved as amended to rezone the property from R-3A to P; 3. Petition 86-1-1-4, submitted by Kenneth R. Hale for Jack Shenkman, for a change of zoning of property located on the north side of Seven Mile Road, east of Newburgh Road, in the Southwest 1/4 of Section 5 from RUFC to R-8, the City Planning Commission having recommended to the City Council that Petition 86-1-1-4 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 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. 22402 A roll call vote was taken on the foregoing resolutions with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #335-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 2, 1986, submitted pursuant to Council Resolution 277-86, in connection with a communication from the City Engineer, dated March 6, 1986, approved for submission by the Mayor, with regard to the matter of the permit application submitted by Detroit Edison Company for the placement (and replacement) of poles and overhead wiring along the Newburgh Road, Five Mile Road and Haggerty Road corridors with respect to establishing a new 13.2 KV Class "A" substation on the west side of Haggerty Road north of Six Mile Road, the Council does hereby approve and authorize the issuance of the said permit application in the manner and form herein submitted, and the Engineering and Building Department is hereby authorized to do all things necessary or incidental to the full performance of this resolution. On a motion by Councilman Bennett, seconded by Councilwoman McCotter, and unanimously adopted, it was #336-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 2, 1986, submitted pursuant to Council Resolution 90-86, in connection with a communication from the City Planning Commission, dated November 4, 1985, which sets forth its resolution 10-227-85 adopted on October 29, 1985 with regard to Petition 85-9-1-25 submitted by FCA Senior Citizens' Housing Corporation for a change of zoning of property located on the east side of Farmington Road between Pickford and Curtis in the Northwest 1/4 of Section 10 from R-1 to P.S. , and the Council having conducted a public hearing with regard to this matter on January 13, 1986, pursuant to Council Resolution 1029-85, the Council does hereby refer this item back to the City Planning Commission for a further report and recommendation with respect to alternative and appropriate viable uses for the subject property. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was 22403 #337-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 2, 1986, submitted pursuant to Council Resolution 590-85, in connection with a communication from the City Planning Commission, dated June 14, 1985, which transmits its resolution 6-113-85 adopted on June 11 , 1985, with regard to Sign Permit Application #1780A, submitted by Seafood Bay, requesting approval to erect a wall sign on property located on the north side of Seven Mile Road between Middlebelt and Parkville in Section 1 , the Council does hereby determine to take no further action with respect to this item. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, it was #338-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 2, 1986, submitted pursuant to Council Resolution 987-85, in connection with the report and recommendation of the Department of Law, dated October 14, 1985, approved by the City Assessor, the Director of Finance and approved for submission by the Mayor, submitted pursuant to Council Resolution 738-85, with regard to the proposed disposition of certain City-owned property located at 31736 West Chicago, Livonia, Michigan, the Council does hereby authorize and approve the rehabilitation of the subject property with Community Development Block Grant Funds for the purpose thereafter of renting the same to low income residents. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, McCotter, Feenstra, Taylor, Bishop. NAYS: Ochala, McCann. The President declared the resolution adopted. 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 85-9-3-7) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become 22404 effective on publication. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance: r`, AN ORDINANCE AMENDING SECTION 6 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 85-11-1-35) A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Feenstra, McCann, Taylor, Bishop. NAYS: Bennett, Ochala, McCotter. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first readifig to the following Ordinance: AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONI-A 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 85-8-1-21 ) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE GRANTING TO CONSUMERS POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, POWER AND AUTHORITY TO LAY, MAINTAIN 16. AND OPERATE GAS MAINS, PIPES AND SERVICES ON, ALONG, ACROSS AND UNDER THE HIGHWAYS, STREETS, ALLEYS, BRIDGES AND OTHER PUBLIC 22405 PLACES, AND TO DO A LOCAL GAS BUSINESS IN LI' THE CITY OF LIVONIA, WAYNE COUNTY, MICHIGAN. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . On a motion by Councilman Taylor, seconded by Councilman Bennett, it was RESOLVED, that having considered the report and recommendation of the Fire Chief, dated March 10, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the Fire Department to contact interested architectural firms concerning the preparation of appropriate studies for a proposed new fire station site and thereafter submit a report and recommendation to Council for its consideration. On a motion by Councilman Feenstra, seconded by Councilman Ochala, lbw it was #339-86 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated March 10, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the Fire Department to obtain proposals from interested architectural firms concerning the development and construction of a proposed new fire station, which proposals shall thereafter be submitted to the Council for its consideration. A roll call vote was taken on the substitute resolution with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. The President declared the substitute resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 22406 #340-86 RESOLVED, that having considered a letter from Ronald R. Feazel , Vice President, TRJ/BOR-CA, Inc. , 44702 Trinity Drive, Mt. Clemens, Michigan 48044, dated March 13, 1986, wherein it is indicated that TRJ/BOR-CA, Inc. intends to transfer facilities from 30952 Industrial Road, Livonia, Michigan, to Clinton Township, and it further indicates that said Company desires to obtain a 1974 PA 198 Exemption for the Clinton Township facility, the Council does hereby consent to the granting of the said Certificate in the manner and form requested; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #341-86 RESOLVED, that having considered a communication from the City Assessor, dated March 13, 1986, approved for submission by the Mayor, with regard to a request from Hans C. Hansen, 18340 Middlebelt, 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 find that the proposed division and combination of Tax Item Nos. 46 046 01 0002 000 (12D2) and 46 046 01 0003 000 (12D3) would not be contrary to the spirit and purpose of the aforesaid ordinance, and does, accordingly, approve of dividing and combining the same into two parcels, the legal descriptions of which shall read as follows: ORIGINAL DESCRIPTION Lot 2 and 3, "Thomas F. O'Connor's Middlebelt Sub. ", of part of the South 1/2 of the Northwest 1/4 of Section 12, Town 1 South, Range 9 East, Livonia Township (now City), Wayne County, Michigan. Recorded in Liber 68 of Plats on Page 96, Wayne County Records. Parcel "A" - Part of Lots 2 and 3 described as beginning at the Southwesterly corner of Lot 3 and proceeding thence along the Westerly line of Lots 3 and 2, North 00°10'30" 156.00 feet to the Northwesterly corner of Lot 2, thence along the Northerly line of Lot 2, North 83°02'09" East 512.73 feet; thence South 08°24'37" East 106.87 feet; thence along the Southerly line of Lot 3, South 68°47'00" West 312.35 feet, thence continuing along the Southerly line of Lot 3, North 89°51 '20" West 233.40 feet to the point of beginning. Subject to all easements and restrictions of record. Being a part of "Thomas F. O'Conner's Middlebelt Sub" of part of the South 1/2 of the Northwest 1/4 of Section 12, Town 1 South, Range 9 East, Livonia Township (now City), Wayne County, Michigan. Recorded in Liber 68 of plats on page 96, Wayne County Records. 22407 Parcel "B" - Part of Lots 2 and 3 described as beginning at the Southeasterly corner of Lot 3 and proceeding thence along the Southerly line of Lot 3 South 68°47'00" West 150.00 feet thence North 08°24'37" West 106.87 feet to a point on the Northerly line of Lot 2; thence along the Northerly line of Lot 2; North 83°02'09" East 150.00 feet to the Northeasterly corner of Lot 2; thence along the Easterly line of Lots 2 and 3, along a curve concave to the East, radius of 700.00 feet, whose chord bears South 05°23'27" East 69.93 feet, an arc distance of 70.00 feet to the point of beginning. Subject to all easements and restrictions of record. Being a part of "Thomas F. O'Connor's Middlebelt Sub. ", of part of the South 1/2 of the Northwest 1/4 of Section 12, Town 1 South, Range 9 East, Livonia Township (now City), Wayne County, Michigan. Recorded in Liber 68 of plats on Page 96, Wayne County Records. 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. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was 1342-86 RESOLVED, that having considered a communication from the City Assessor, dated March 13, 1986, approved for submission by the Mayor, with regard to a request from Giacomo Zugaro, 18450 Merriman, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing Tax Item No. 46 042 99 0047 002 (11U2B1B) into two parcels since the same would be in violation of the City's Zoning Ordinance and Law. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, McCotter, Feenstra, McCann. NAYS: Ochala, Taylor, Bishop. The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was 22408 #343-86 RESOLVED, that having considered a communication from the Mayor, dated March 18, 1986, regarding system support and administration of the City's data processing center, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #344-86 RESOLVED, that Biltmore Properties Company, 2900 West Maple Road, Troy, Michigan 48084, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Windridge Village Subdivision No. 5 in the West 1/2 of Section 4, the said proposed preliminary plat being dated February 20, 1979 (revised), and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on August 7, 1979; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated March 11 , 1986; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16.04 through 16.24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null , void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16.24.370 of the said Subdivision Control Ordinance, as amended, Imo (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, 22409 iLm (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: A. General Improvement Bond $ 1 ,519,000.00, of which at least $10,000.00 shall be in cash. B. Sidewalk Bond $ 86,000.00, of which at least $8,600.00 shall be in cash. C. Grading and Soil Erosion Control Bond $ 13,000.00, of which at least $2,500.00 shall be in cash. D. Entrance Markers - Landscaping $ 15,000.00, of which at least $2,000.00 (Eight Mile Road) shall be in cash. E. Monuments and Lot Markers $ 4,380.00, (all cash) and require cash payments in the total amount of $88,339.00. In accordance with the recommendation of the City Engineer, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision. On a motion by Councilman Bennett, seconded by Councilman Feenstra, lbw and unanimously adopted, it was 1345-86 RESOLVED, that Biltmore Properties Company, 2900 West Maple Road, Troy, Michigan 48084, having requested the City Council 22410 to approve the proposed preliminary plat of the following subdivision: Windridge Village Subdivision No. 6 in the West 1/2 of Section 4, the said proposed preliminary plat being dated February 20, 1979 (revised); and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on August 7, 1979; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated March 12, 1986; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16.04 through 16.24 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null , void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16.24.370 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; 22411 (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, cash bond, certified check, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: A. General Improvement Bond $ 531 ,000.00, of which at least $10,000.00 shall be in cash. B. Sidewalk Bond $ 38,000.00, of which at least $4,000.00 shall be in cash. C. Grading and Soil Erosion Control Bond $ 7,000.00, of which at least $2,000.00 shall be in cash. D. Landscaping (Adjacent to Laurel Road) $ 5,000.00, of which at least $2,000.00 shall be in cash. E. Monuments and Lot Markers $ 1 ,735.00, (all cash) and require cash payments in the total amount of $34,732.00. In accordance with the recommendation of the City Engineer, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #346-86 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 13, 1986, approved by the Director of Finance and the City Engineer, and approved for submission by the Mayor, submitted pursuant to Council Resolution 177-86, in connection with a communication from the City Treasurer, dated February 11 , 1986, with regard to the action taken in Council Resolution 27-86 in connection with the disposition of surplus S.A.D. funds, the Council does hereby request that the City Treasurer submit an annual report to the City Council with regard to such surplus funds which are on deposit with the City as a result of special assessments and have been lbw on deposit for six (6) years or more and which do not appear to be refundable and should therefore be authorized for transfer into the General Fund; further, the Council does hereby take this means to indicate that such funds as may become available from this process shall be earmarked and limited for road improvement projects only. 22412 On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #347-86 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 1986, which transmits its resolution 3-75-86 adopted on March 18, 1986, with regard to Petition 86-2-8-8 submitted by Fred J. Armour, requesting site plan approval in connection with a proposal to construct a multi-family development on the south side of Eight Mile Road between Farmington and Gill Roads in Section 4, 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. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was #348-86 RESOLVED, that the Council does hereby request that the Engineering and Building Department and the Planning Department submit their respective reports and recommendations with respect to the level of the 100 year flood that occurred in 1981 and the status of obstructions that exist in the flood plain area of the Tarabusi Creek south of Eight mile Road. On a motion by Councilman Bennett, seconded by Councilman Ochala, and unanimously adopted, it was #349-86 RESOLVED, that the Council does hereby request that the Engineering and Building Department submit its report and recommendation with respect to stream conditions, flood potentials, bank protections, stream configuration and/or relocation of the Tarabusi Creek South of Eight Mile Road. On a motion by Councilman Feenstra, seconded by Councilman Ochala, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 15, 1986 on all matters required by Sections 3.08.060 and 3.08.140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 26, 1986, after due notice as required by Section 3.08.070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code. 22413 (1 ) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of 100 watt high pressure sodium luminaries (gold/orange glow) mounted on 30' high davitt poles, with underground wiring, on Hillcrest between Seven Mile and Pickford, City of Livonia, Wayne County, Michigan, as described in said statement; and 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 the improvement as set forth in said statement dated January 15, 1986, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows: Lots 1 through 8a, both inclusive, lots 309 through 344, both inclusive, of Beverly Gardens Subdivision, lots 1 through 15, both inclusive, of Hillcrest Avenue Subdivision and Bureau of Taxation parcels No. 11H1a; 11H1b, H2a, 11H2b; 11H3a and 11H3b. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council 's determination on said statement as prepared by the City Engineer, dated January 15, 1986; and (8) that upon completion of said roll , the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Feenstra. NAYS: Bennett, McCotter, McCann, Taylor, Bishop. lb. The President declared the resolution denied. On a motion by Councilman Bennett, seconded by Councilman Taylor, and 22414 unanimously adopted, it was #350-86 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 15, 1986 on all matters required by Sections 3.08.060 and 3.08.140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 26, 1986, after due notice as required by Section 3.08.070 of said Code, and careful consideration having been given to all such matters, with respect to the proposed installation of ornamental street lights with underground wiring on Hillcrest Avenue, South of Seven Mile Road, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement. On a motion by Councilman McCann, seconded by Councilman Taylor, it was #351-86 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 266 for the proposed street improvement of Fairlane Avenue (Five Mile to Lyndon) consisting of placing approximately 4" of asphalt on the existing roadway (Alternate IV) 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 26, 1986, at 7:00 P.M. , at City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of said street improvement to be constructed in Special Assessment District No. 266; 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 February 5, 1986, in the amount of $46,793.81 , 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. 266 is hereby approved and confirmed in all respects. 22415 (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from 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 one percent (1%) above the average rate of interest 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 installments shall be due and payable December 1 , 1987, and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances, as amended, and iie 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 , 1986, pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1987 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 sixty (60) days after December 1 , 1986, 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 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 thow (6) The City Council does hereby determine to pay 15% of the paving costs in the amount of $8,257.73 and 100% of the drainage costs in the amount of $19,777.94, for a total amount of $28,035.67. 22416 tm, A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #352-86 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 267 for the proposed street improvement of Rougeway (Six Mile to Inkster) and Whitcomb (Rougeway to Inkster) consisting of placing approximately 4" of asphalt on the existing roadway (Alternate IV) 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 26, 1986, at 7:00 P.M. , at City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of said street improvement to be constructed in Special Assessment District No. 267, and Imo 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 February 5, 1986, in the amount of $55,795.10, 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. 267 is hereby approved and confirmed in all respects. (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds Imw 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 22417 two is not more than one percent (1%) above the average rate of interest 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 installments shall be due and payable December 1 , 1987, and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3.08.190. Any property owner assessed may, within sixty (60) days from December 1 , 1986, pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1987 low 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 sixty (60) days after December 1 , 1986, 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 as provided by Section 3.08.200, or after the expiration of the sixty (60) day period as provided by Section 3.08.220, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay 15% of the paving costs in the amount of $9,846.19 and 100% of the drainage costs in the amount of $2,413.23, for a total amount of $12,259.42. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. 22418 two On a motion by Councilman Feenstra seconded by Councilman McCann, it was #353-86 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 268 for the proposed street improvement of Bassett Drive (North of Ann Arbor Trail ) consisting of placing approximately 4" of asphalt on the existing roadway (Alternate IV) 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 Monday, March 31 , 1986, at 7:00 P.M. , at City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of said street improvement to be constructed in Special Assessment District No. 268; 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 February 5, 1986, in the amount of $20,778.55, 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. 268 is hereby approved and confirmed in all respects. (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from 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 one percent (1%) above the average rate of interest 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 low be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installments shall be due and payable December 1 , 1987, and subsequent installments on December 1st of succeeding years; 22419 Iww (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 , 1986, pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1987 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 sixty (60) days after December 1 , 1986, 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 lbw of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3.08.200, or after the expiration of the sixty (60) day period as provided by Section 3.08.220, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay 15% of the paving costs in the amount of $3,666.80. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #354-86 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation with respect to the question of whether or not "No Parking" and/or lbw "No Standing" signs should be installed at the North end of Bassett Drive, North of Ann Arbor Trail . 22420 On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #355-86 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 269 for the proposed street improvement of Grantland Avenue (West of Newburgh) consisting of placing approximately 4" of asphalt on the existing roadway (Alternate IV) 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 Monday, March 31 , 1986, at 7:00 P.M. , at City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of said street improvement to be constructed in Special Assessment District No. 269; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED THAT: 165 (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated February 5, 1986, in the amount of $40,372.33, 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. 269 is hereby approved and confirmed in all respects. (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from 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 one percent (1%) above the average rate of interest 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 lbw and as near Ten Dollars ($10.00) as possible. The first installments shall be due and payable December 1 , 1987, and subsequent installments on December 1st of succeeding years; 22421 (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 , 1986, pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1987 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 sixty (60) days after December 1 , 1986, 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 as provided by Section 3.08.200, or after the expiration of the sixty (60) day period as provided by Section 3.08.220, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay 15% of the paving costs in the amount of $7,124.53. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was 1356-86 RESOLVED, that the Council does hereby request that the Engineering and Building Department submit its report and recommendation with respect to the feasibility of extending the length of the barricade which exists at the end of Grantland tow Avenue, West of Newburgh. 22422 On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was 1357-86 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 1107-85 adopted on December 18, 1985, with respect to the S.A.D. Street Improvement project proposed for Lathers Avenue. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was 1358-86 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 14, 1985 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 December 16, 1985, 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 a 28' wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) on Lathers Avenue, North of Seven Mile, in the Southeast 1/4 of Section 1 , 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 October 14, 1985; (4) determine that the estimated cost of such improvement is $156,871 .65; (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 hereafter 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 ($17,493.25) and 100% of drainage Iry ($40,250.00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($99,128.40) shall be borne and paid by special 22423 160 assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom. (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district in the S.E. 1/4 of Section 1 , T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following property• Bureau of Taxation Parcel No. 665a1 ; BB6a1 ; B66a2; BB7a; BB8a; 669a; BB10a; BB11a, 6612a1 ; BB12a2, BB13a1 ; B613a2; BB14a; B615a; B616a; BB17a; 6618a; 6B19a; 6620a, BB21a; BB22a; B623a and 6624a1 , 6625a. (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 . A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it low was 22424 iim #359-86 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 19, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Holloway Construction Company, 29250 Wixom Road, Box 347, Wixom, Michigan 48096, for the 1986 Street Paving Program for the estimated total cost of $186,730.11 , based upon the Engineering 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; provided, however, that the improvement of Lathers, North of Seven Mile Road, is hereby deleted from this contract; further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $186,730.11 from the 7.9 Million Dollar General Obligation Road Improvement Bond Issue with the provisions that (1 ) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessment 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 the 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 other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #360-86 RESOLVED, that having considered a communication dated March 27, 1986, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated March 11 , 1986, executed by Linda K. Olshaysky, Treasurer, Robert C. Piasecki, Trustee, of Bethany Bible Church, a Michigan Corporation, for: The west 6 feet of lots 6, 7, 8 and 9 of Orr Subdivision, part of the N.W. 1/4 of Section 21 , T. 1 S, R. 9 E. , City of Livonia, Wayne County, Michigan. 22425 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 Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #361-86 RESOLVED, that having considered a communication from the Director of Community Resources, dated March 17, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby, for and on behalf of the City of Livonia, accept a cash donation in the amount of $199.74 from Project Concern, Inc. , the purpose of which is to fund the program's Project Impact classes and help support Outreach Services, and for this purpose the Council does hereby increase Sundry Income Account #101-000-698.000 and Community Resources Budget Account #101-891-886.140 each in the amount of $199.74. On a motion by Councilman Taylor, seconded by Councilman Bennett, and itio unanimously adopted, it was #362-86 RESOLVED, that having considered a petition dated March 12, 1986, submitted by certain residents on Loveland, between Seven Mile Road and Curtis, requesting the improvement of Loveland in this area, as well as the unpaved sections east and west of Loveland on Clarita, the Council does hereby refer this item to the City Engineer for his report and recommendation. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #363-86 RESOLVED, that having considered a letter dated February 25, 1986, from Gordon W. St. John,President, The St. John Agency, 1386 East Jefferson, Detroit, Michigan 48207, to which is attached a petition from certain residents on Curtis, requesting the improvement of Curtis Road, West of Merriman Road and ending at Rotary Park, the Council does hereby refer this item to the City Engineer for his report and recommendation. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 22426 ims #364-86 RESOLVED, that having considered a petition dated March 25, 1986, submitted by certain residents on Woodring between Seven Mile Road and Clarita requesting the improvement of Woodring in this area, the Council does hereby refer this item to the City Engineer for his report and recommendation. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #365-86 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 9, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a letter from Donald A. DiComo, Architect and Construction Manager for the Civic Center Library, dated April 7, 1986, and a letter from Woodlove Construction, Inc. , dated April 3, 1986, the Council does hereby accept the bid of Woodlove Construction, Inc. , 11000 West McNichols, Suite 302, Detroit, Michigan 48221 , in the amount of $347,800.00 for Earthwork Operations (Plan II) at the Civic Center Library site, with the provision that all work be started within 10 days of the contract date and completed within 70 days thereafter, the same having been in fact the lowest bid received for this item and meets all specifications; and the City Engineer is hereby authorized to approve minor adjustments in the 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 other things necessary or incidental to the full performance of this resolution; further, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $347,800.00 from the Library Building Construction Fund Account (#471-000-975) for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: Ochala. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #366-86 RESOLVED, that having considered a communication from the Department of Law, dated March 31 , 1986, submitted pursuant to Council Resolution 152-86, transmitting for Council acceptance a warranty deed dated March 27, 1986 from Meldon G. Bucher and Betty E. Bucher, his wife, conveying to the City certain property described as follows: 22427 im. That part of Southwest 1/4 of Section 5, Town 1 South, Range 9 East, described as beginning at South 1/4 corner of Section 5 and proceeding thence North 89 degrees 14 minutes 30 seconds West along the South section line 292.46 feet; thence North 0 degrees 14 minutes East 471 feet, thence South 89 degrees 14 minutes 30 seconds East 292.46 feet to a point in the North and South 1/4 Section line of said Section, thence South 0 degrees 14 minutes West along the North and South 1/4 Section line 471 .0 feet to the Point of Beginning, except the South sixty (60) feet thereof. 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 Councilwoman McCotter, and unanimously adopted, it was #367-86 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 475-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman McCann, seconded by Councilman Taylor, it was #368-86 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 30, 1986 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 April 7, 1986, 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 the placement of 4" of asphalt on existing roadway to a width of approximately 20' to 22' (Alternate IV) on Terrence, Sunnydale and Foch, in the E. 1/2 of Section 22428 13, 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 January 30, 1986; (4) determine that the estimated cost of such improvement is $154,159.05; (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 hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 64' - Parcel 13e4b ($768.00), 15% of paving (622,209.61 ) and 100% of drainage ($6,095.00) and that the balance of said cost and expense of said public improvement amounting to 84.4% of paving (6125,086.44) 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 lbw 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 13, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following property: Lots 167 through 207, both inclusive, of Park Woods Subdivision and Lots 1 through 34, both inclusive, 35a; 36a; 37a; 36b2; 37b, 38a; 38b1 ; P2a1 ; 81 , 38b2; 39b2; P2b2, 40 through 71 , both inclusive, and Bureau of Taxation Parcels 13R29a, 13R30a, 13R31a, 13R32a; 33alal , 13R33ala2, 13R33B1a1 , 13R33B1b1 , 13R33b1b2b;34A1 , 13R35A, 13R36Ala, 13R8lala, 13R81a2. (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 22429 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 . A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. On a motion by Councilman McCann, seconded by Councilwoman McCotter, and unanimously adopted, it was 1369-86 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation with regard to the matter of the proposed installation of stop signs at the inter section of Foch and Sunnydale. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #370-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 7, 1986, submitted pursuant to Council Resolution 266-86, in connection with a communication from the City Planning Commission, dated December 16, 1985, which sets forth its resolution 12-257-85 adopted on December 10, 1985 with regard to petition 85-11-1-34, submitted by Angelo D'Orazio for a change of zoning on property located on the Southwest corner of Seven Mile Road and Stamford in the Northeast 1/4 of Section 9 from R-3 and P.S. to C-2, and the Council having conducted a public hearing with regard to this matter on February 24, 1986, pursuant to Council Resolution 30-86, the Council does hereby concur in part in the recommendation of the Planning Commission and the said Petition 85-11-1-34 is ift. hereby approved and granted, as modified, so as to provide for the rezoning of the subject property from R-3 and P.S. to C-1 (and not C-2); and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating 22430 to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt 16 of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was called on the foregoing resolution with the following result: AYES: Bennett, Ochala, McCotter, Feenstra, McCann, Taylor, Bishop. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #371-86 RESOLVED, that pursuant to Section 23.O1a of the Livonia Zoning Ordinance, No. 543, as amended, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation with respect to the question of rezoning the balance of the property which is located on Seven Mile Road, between Stamford and Whitby, from R-3 to PS. ift. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was 072-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 7, 1986, submitted pursuant to Council Resolution 258-86, in connection with a communication from the City Planning Commission, dated January 15, 1986, which transmits its resolution 1-9-86 adopted on January 7, 1986, with regard to Petition 85-9-8-20 submitted by James Blain requesting site plan approval in connection with a proposal to construct a one-story office building on the South side of Six Mile between Quakertown Lane and Haggerty in Section 18, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, and the petitioner having submitted a revised site plan dated April 9, 1986, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-9-8-20 is hereby approved and granted, based upon the aforesaid revised site plan as well as the conditions set forth by the aforesaid recommendation of the Planning Commission and conditioned further upon the proposed use providing for the internal storage of refuse. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, this 1077th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:40 P.M. , April 9, 1986. '4941441- 2111104C Robert F. Nash, Cit,) Clerk