Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1995-01-18 28610 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 18, 1995, 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 Councilmember Feenstra delivered the invocation Roll was called with the following result Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A Jurcisin, and Gerald Taylor Absent None Elected and appointed officials present Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Michael Slater, Finance Director; Ronald Reinke, lbw Superintendent of Parks & Recreation; Jeanne Treff, Cable Television Director; Suzanne Wisler, Director of Community Resources; Lee Morrow, Planning Commission; and Dorothy Wilshaw, Arts Commission On a motion by McGee, seconded by Feenstra, and unanimously* adopted, it was #1-95 RESOLVED, that the minutes of the 1,287th Regular Meeting of the Council of the City of Livonia, held December 21, 1994, are hereby approved as submitted *Councilmember Toy abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances The following transpired during the audience communication portion of the meeting Councilmember Kavanagh wished his parents, Tom and Pat Kavanagh, a Happy 50th Wedding Anniversary; 28611 Bill Himm, a long-time resident of Livonia, commented on the timeliness of Councilmember Ochala' s resignation, in response to which Council President Taylor explained the process for filling this upcoming vacancy, with additional input from several other Council members; President Taylor announced that on January 20, 1995, St Mary Hospital will be sponsoring its Winter Red Cross Blood Drive during the hours of 6 00 a m through 5 30 p m ; and George Bisel introduced several individuals from the 4th District of Michigan who participated in the Middle School and the High School "Voice of Democracy" Speech Competitions which were sponsored by the Veteran's of Foreign Wars of the United States There are a total of 14 districts in Michigan, and these competitions are held every year The individuals introduced who participated in the Middle School competition were Tim Glenn Atkins - Clarenceville High School - 9th Grade; and Julie Ann Warner - Franklin High School - 9th Grade Julie read her 1st place speech The individuals introduced who participated in the High School competition were Angela Lietzau - Stevenson High School - Senior; Imo Eugenia M Patyna - Ladywood High School - Junior; Donna J Terry - Clarenceville High School - Junior; Candice L Ribar - Churchill - Senior (was not in attendance) ; and Sarah E Lank - Franklin High School - Senior Sarah read her 1st place speech, and Candice had placed 3rd The next step for Sarah will be the State Competition (14 individuals will be competing) to be held January 28 The 1st place winner from this competition will then go on to the National/Final Competition to be held in Washington, D C on March 7 (54 individuals will be competing) , where a $20,000 scholarship will be awarded to the winner with the other participants receiving not less than a $500 scholarship On a motion by Toy, seconded by McGee, it was A communication from the Office of the City Clerk, dated December 29, 1994, re tax levy rates for 1995 from the Wayne County Regional Educational Service Agency was received and placed on file for the information of the Council #2-95 RESOLVED, that having considered a communication from los the City Assessor, dated December 12, 1994, approved for submission by the Mayor, with regard to a request from Mr Thomas Morgan of 8932 Deering, Livonia, Michigan 48150, and Ms Marion 011ar of 8818 Merriman, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as 28612 well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos 46 144 01 0007 000 and 46 144 99 0073 000 into two parcels, the legal descriptions of which shall read as follows PARCEL Land situated in Livonia Township (now City of Livonia) , Wayne County, Michigan, being a part of the Southeast 1/4 of Section 36, Town 1 South, Range 9 East, further described as Lots 7, 8, and the South one foot of Lot 9, plat of "Joy Road Cozy Homesites" according to the plat thereof in Liber 69 of Plats, Page 7 of Wayne County Records Also, the North 101 feet of the South 536 feet of the West 100 feet of the East 1/2 of the Southeast 1/4 of said Section 36 Contains 0 464 acres, more or less Subject to easements of record PARCEL The North 50 ft of the South 435 ft of the West 100 ft of the East 1/2 of the S E 1/4 of Section 36, T1S, R9E as shown on the map attached to the aforesaid communication which Iwo is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals #3-95 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December 6, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached an agreement entered into between the City of Livonia and the Michigan Department of Natural Resources, dated September 16, 1991, for a one-year extension of a grant for the installation of lights at Bicentennial Park, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said agreement (Amendment No 2) ; and the City Clerk is requested to transmit two executed copies of the agreement and a certified copy of this resolution to the State of Michigan Department of Natural Resources #4-95 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 12, 1994, approved by the Finance Director and approved for submission by the Mayor, and which requests authorization to sell the following City vehicles and equipment, such authorization to be for a period of one year with respect to the following vehicles 28613 Veh ibmNo. Description Mileage 1 3 1985 Chevy Celebrity 88, 976 2 7 1985 Chevy Celebrity 74, 761 3 19 1986 Chevy Cavalier 91,132 4 20 1986 Chevy Cavalier 69, 868 5 543 1987 Chevy Caprice 46, 994 6 97 1973 Allis Chalmers Dozer 9, 958 hours 7 103 1960 Bros Rubber Tire Roller 3, 350 hours 8 184 1975 Fruehauf Chloride Tanker (none) 9 189 1979 Epoke Aggregate Spreader (none) 10 75 1984 Ford Ranger Pick-Up 78,654 11 205 1986 Dodge Van 114, 142 12 249 1979 Gladco Compactor No meter 13 259 1971 Myers Tree Sprayer No meter 14 319 1977 Ford Stake Truck 159,410 15 362 1958 I H C Truck Tractor 122, 582 16 378 1968 Nelson Tandem Lowboy Trailer No meter 17 849 1985 Ford Pick-Up A C 0 Truck 148,375 18 850 1985 Ford Pick-Up A C 0 Truck 123,619 19 477 1967 Miller Tilt Top Trailer No meter 20 478 1972 Tiger Line Trailer No meter and wherein the aforesaid vehicles would be delivered to Midwest Auto Auction & Service, Inc , 14666 Telegraph Road, Detroit, LMichigan 48239, and said vehicles would be sold in accordance with the procedure detailed in the aforesaid communication, the Council does hereby concur in and approve of the recommended action #5-95 RESOLVED, that having considered the report and recommendation of the City Assessor, dated December 16, 1994, with regard to Industrial Facilities Exemption Certificate #88-224, which is scheduled to expire on December 30, 2000, and which is referred to as City of Livonia Industrial Development District #46, relative to Borg-Warner Automotive, Inc , formerly located at 12000 Tech Center Drive, Item No 998-01-9891-051 (personal) , the Council does hereby determine to revoke the Personal Property component of the said Industrial Facilities Exemption Certificate, the action herein being taken for the reasons set forth in the aforesaid report and recommendation of the City Assessor A communication from the Inspection Department, dated December 19, 1994, re a complaint about a business being operated out of the home located at 11161 Garden, Livonia, was received and placed on file for the information of the Council (CR 837-94) #6-95 RESOLVED, that having considered the report and recommendation of the Housing Director, dated December 16, 1994, which bears the signature of the Finance Director and is approved 28614 for submission by the Mayor, the Council does hereby accept the 1160 bid of Tarjeft Construction, Inc , 20602 Telegraph, Brownstown, Michigan 48174, for the Efficiency Apartment Renovation Project at the McNamara Towers #1 Housing Facility for a total sum of $28, 900 00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $28, 900 00 from the Community Development Block Grant Account No 233-800-818-638 for this purpose #7-95 RESOLVED, that having considered a communication from the Chairperson of the Livonia Arts Commission and the Director of Community Resources, dated January 3, 1995, which is approved by the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the Livonia Arts Commission with the assistance of the Department of Community Resources, for and on behalf of the City of Livonia, to submit an application to the Michigan Equity Program for a $13, 000 00 grant to commission an artist and acquire a sculpture to be erected on the Livonia Civic Center grounds, the subject application to be authorized by the Mayor of the City of Livonia; and FURTHER, the Council does hereby authorize the pledge in such application of matching funds from the Arts Commission Trust in the amount of $13, 000 00 #8-95 RESOLVED, that having considered a communication from the Chairperson of the Livonia Arts Commission and the Director of Community Resources, dated January 3, 1995, which is approved by the Finance Director and is approved for submission by the Mayor, with respect to submission of an application for a Michigan Equity Grant for an outdoor sculpture to be erected on the Civic Center grounds, the Council does hereby request a report and recommendation from the Arts Commission with respect to the matter of blending such outdoor sculpture with the environmental sculpture currently existing on Civic Center grounds #9-95 RESOLVED, by the City Council of the City of Livonia, that the annual Memorial Day Celebration be, and hereby is approved for Saturday, May 27, 1995, beginning at 9 30 a m ; and that the Wayne County Road Commission is hereby requested to close Five Mile Road from Merriman to Farmington Road, Farmington Road between Lyndon and Five Mile, May 27, 1995, between the hours of 9 00 a m and 12 00 p m or until the road is returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, and that Lt Joseph C Derscha is hereby designated and authorized to sign the road closure permit in behalf of the City of Livonia 140 #10-95 RESOLVED, by the City Council of the City of Livonia, that the annual Spree Fireworks Display be, and hereby is approved for Sunday, June 25, 1995, beginning at 10 00 p m and that the Wayne County Road Commission is hereby requested to 28615 close Farmington Road from Five Mile Road to Schoolcraft Road between the hours of 8 00 p m and 11 30 p m or until the road is returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, and that Lieutenant Joseph Derscha is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia #11-95 RESOLVED, that having considered the report and recommendation of the Finance Director, dated December 12, 1994, approved for submission by the Mayor, and to which is attached a communication from the Executive Director of the Community Commission on Drug Abuse (CCODA) , dated December 8, 1994, requesting annual funding for CCODA, the Council does hereby authorize the appropriation of the sum of $24, 000 00 from Account 101-279-956-000, to be paid and transferred to CCODA in support of professional services provided by CCODA for the fiscal year ending November 30, 1995 #12-95 RESOLVED, that having considered a communication from the Finance Director, dated December 14, 1994, approved for submission by the Mayor, and to which is attached a communication from the Executive Director of the Southeast Michigan Council of Governments (SEMCOG) , dated December 15, 1994, and an annual membership notice from SEMCOG in the amount of $11,380 00 for the year beginning January 15, 1995, the Council does hereby approve and authorize the payment of same #13-95 RESOLVED, that having considered a communication from the Department of Law, dated December 21, 1994, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 7 foot strip of property, 163 feet in length, owned by Clark Refining & Marketing, Inc which land is more particularly described as follows The South 7 feet of the following described parcel Lots 530 to 537, inclusive, also the East 1 5 feet of Lot 538 and the South 1/2 of the adjoining vacated alley of Botsford Park Subdivision, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, as recorded in Liber 53, Page 77 of Plats, Wayne County Records (Seven Mile Road right-of-way) Part of Tax Parcel No 004-01-0530-000 subject to the following conditions 1 That the purchase price shall be in the sum of $1, 141 00; 2 That the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in the sum not to exceed $300 00; and 28616 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 $59 00 BE IT FURTHER RESOLVED, that a sum not to exceed $1, 500 00 is hereby authorized to be expended from the $12 Million Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #14-95 RESOLVED, that having considered a communication from the Department of Law, dated December 15, 1994, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 27 foot strip of property, 175 71 feet in length, owned by Rocco and Adelia Corsi which land is more particularly described as follows The South 60 feet of the following described parcel The South 168 71 feet of the East 208 71 feet of the East 1/2 of the S W 1/4 of the S E 1/4 of Section 1, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Seven Mile Road right-of-way) Part of Tax Parcel No 004-99-0057-000 subject to the following conditions 1 That the purchase price shall be in the sum of $4, 744 17; 2 That the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in the sum not to exceed $300 00; and 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 $144 17 BE IT FURTHER RESOLVED, that a sum not to exceed $4, 850 00 is hereby authorized to be expended from the $12 Million Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #15-95 RESOLVED, that having considered a communication from the Department of Law, dated December 21, 1994, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 17 foot strip of property, 68 9 feet in length, owned by Ervin A and Janice M Ehlers which land is more particularly described as follows 28617 The North 17 feet of the following described parcel 1 Lots 60 and 61 of Dohany Subdivision, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 64, Page 95 of Plats, Wayne County Records (Seven Mile Road right-of-way) Part of Tax Parcel No 045-03-0060-000 subject to the following conditions 1 That the purchase price shall be in the sum of $1, 171 30; 2 That the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in the sum not to exceed $300 00; and 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 $138 20 BE IT FURTHER RESOLVED, that a sum not to exceed $1,600 00 is hereby authorized to be expended from the $12 Million Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #16-95 RESOLVED, that having considered a communication from the Department of Law, dated December 20, 1994, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 17 foot strip of property, 68 feet in length, owned by Larry G Ehlers which land is more particularly described as follows The North 17 feet of the following described parcel Lots 62 and 63 of Dohany Subdivision, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 64, Page 95 of Plats, Wayne County Records (Seven Mile Road right-of-way) Part of Tax Parcel No 045-03-0062-000 subject to the following conditions 1 That the purchase price shall be in the sum of $1,156 00; 2 That the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in the sum not to exceed $300 00; and 28618 3 That the City's portion of the prorated City, County, County ILO Drain, School and Community College taxes shall be in a sum not to exceed $44 00 BE IT FURTHER RESOLVED, that a sum not to exceed $1,500 00 is hereby authorized to be expended from the $12 Million Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #17-95 RESOLVED, that having considered a communication from the Department of Law, dated December 21, 1994, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 27 foot strip of property, 629 49 feet in length, owned by the Galilean Baptist Church which land is more particularly described as follows The North 60 feet of the following described parcels The North 3/4 of the West 1/2 of the West 1/2 of the N E 1/4 of the N W 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except the West 30 feet thereof and also except the South 525 feet thereof (Seven Mile Road right-of-way) Part of Tax Parcel No 046-99-0031-000 AND The West 1/2 of the East 1/2 of the N W 1/4 of the N E 1/4 of the N W 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Seven Mile Road right-of-way) Part of Tax Parcel No 046-99-0033-000 AND That part of the N W 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan described as beginning at a point on the North line of said section distant East, 1, 809 39 feet from the Northwest corner of Section 12 and proceeding thence South 153 00 feet; thence East 164 49 feet; thence northerly 153 00 feet to the North line of Section 12; thence West along said line 164 49 feet to the point of beginning (Seven Mile Road right-of-way) Part of Tax Parcel Nos 046-99-0034-000 thru 046-99-0037-000 subject to the following conditions tio1 That the purchase price shall be in the sum of $16, 996 23; 28619 Lor 2 That the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in the sum not to exceed $300 00; and 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 $103 77 BE IT FURTHER RESOLVED, that a sum not to exceed $17, 000 00 is hereby authorized to be expended from the $12 Million Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #18-95 RESOLVED, that having considered a communication from the Department of Law, dated December 20, 1994, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 17 foot strip of property, 68 feet in length, owned by Harry Pletcher which land is more particularly described as follows The North 17 feet of the following described parcel Lots 188 and 189 of Dohany Subdivision, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 64, Page 95, Wayne County Records (Seven Mile Road right-of-way) Part of Tax Parcel No 045-03-0188-000 subject to the following conditions 1 That the purchase price shall be in the sum of $1,156 00; 2 That the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in the sum not to exceed $300 00; and 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 $44 00 BE IT FURTHER RESOLVED, that a sum not to exceed $1, 500 00 is hereby authorized to be expended from the $12 Million Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution 28620 #19-95 RESOLVED, that having considered the report and 100 recommendation of the City Engineer, dated November 30, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, submitted pursuant to Council Resolution 644-94, with respect to the proposed installation of sidewalk on the south side of Ann Arbor Trail between Hanlon and Norwich, the Council does hereby determine as follows 1 The purchase of right-of-way on Ann Arbor Trail is hereby authorized in the amount of $3, 998 40 from Marvin E Pashukewich and Patricia Pashukewich, his wife, 3942 Stark Lane, Pittsfield Township, Michigan 48197, and said sum is hereby appropriated and authorized from the Michigan Transportation Fund (Major Road Account) 2 The purchase of right-of-way on Ann Arbor Trail is hereby authorized in the amount of $3,836 38 from Kim Stankey, 30499 Plymouth Road, Livonia, Michigan 48150-2120, and said sum is hereby appropriated and authorized from the Michigan Transportation Fund (Major Road Account) 3 A sum not to exceed $600 00 ($300 00 for each of the above parcels) is hereby authorized and appropriated from the Michigan Transportation Fund (Major Road Account) to cover the miscellaneous costs of title insurance, mortgage and lien discharge, recording fees, revenue stamps, etc The respective owners of lots and premises referred to in the attached list of sidewalks requiring installation along the south side of Ann Arbor Trail from Hanlon to Norwich in the City of Livonia, said list being included herein by reference and for the reasons stated in the aforementioned report and recommendation of the City Engineer, are hereby required to install sidewalk at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Title 12, Chapter 04, Section 340 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 1995, after which date the Engineering Department shall arrange for the construction of the said sidewalks as part of the 1995 Sidewalk Program; FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks in the same area in the City inasmuch as the same are the City's responsibility; and FURTHER, the Council does hereby authorize the City Treasurer to advise those owners where assessments exceed $400 00 that installment payments in the number of three (3) installments at 85k interest are available in connection with the sidewalk program; FURTHER, in order to make payments to the contractor, the Council does thot hereby authorize an advance in the amount of $4,718 48 from the General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such 28621 time as funds are subsequently received from the payment of bills and assessments by affected property owners, and an amount of $2, 000 00 from the Michigan Transportation Fund (Major Road Account) to pay for the City's portion of this project; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #20-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 6, 1994, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of 4" storm sewer as part of the construction of a Boston Chicken restaurant at 19055 Middlebelt Road, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further that the City will accept jurisdiction and maintenance (at no expense to the County) of approximately 25 1 f of 4" storm sewer within the Middlebelt Road right-of-way in connection with the development of the aforementioned site located on the west side of Middlebelt and south of Seven Mile Road in the Northeast 1/4 of Section 11 (See attached letter from Boston Chicken indicating its willingness to reimburse the City for any such maintenance that may become necessary) ; 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 #21-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 6, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with respect to the improvement of Grove Avenue, west of Merriman in the Northeast 1/4 of Section 15 (S A D No 369) , the Council does hereby determine as follows a) To authorize a decrease in the total assessment as set forth in the confirmed assessment role of S A D 369 from $22, 796 80 to $22,235 85, with the assessments to be reduced to the assessment rate of $15 75 p a f ; b) To authorize the City Assessor to increase the assessments in the total amount of $1,170 19 for parcels listed in Attachment III, so as to include the cost of additional work requested by property owners within the assessment district; 100 c) To establish the final project cost at $36,503 46, of which total $23,406 04 is to be charged to the special assessment district and $13,097 42 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts; and 28622 d) To authorize an expenditure in the amount of $36, 503 46 from the $12 Million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($23,406 04) and from Michigan Transportation Fund (Local Road Account) receipts ($13, 097 42) #22-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 7, 1994, approved for submission by the Mayor, wherein it is recommended that future rights-of-way associated with the widening and improvement of Seven Mile Road in the Northeast 1/4 of Section 12 be conveyed to Wayne County, the legal descriptions of which are as follows That part of Lot #20, Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 12, T 1 S , R 9 E Livonia Township (now City of Livonia) Wayne County, Michigan, said part being more particularly described as lying North of a line 60 feet South of and parallel to the North Line of Section 12 as currently monumented, said part measuring 31 84 feet along the East lot line and 31 70 feet along the West lot line of said Lot #20 as platted and laid out Seven Mile Road Right-of-Way Part of Tax Parcel No 045-01-0020-002 That part of vacated Foch Avenue 60 feet wide lying between Lots #21 and 54, Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 12, T 1 S , R 9 E , Livonia Township (now City of Livonia) , Wayne County, Michigan, said part being more particularly described as lying North of a line 60 feet South of and parallel to the North line of Section 12 as currently monumented, said part measuring 32 60 feet along the West line of Lot #54 and 32 26 feet along the East line of Lot #21 as platted and laid out Seven Mile Road Right-of-Way Part of Tax Parcel No 045-99-0005-000 That part of Lot #54, Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 12, T 1 S , R 9 E Livonia Township (now City of Livonia) , Wayne County, Michigan, said part being more particularly described as lying North of a line 60 feet South of and parallel to the North line of Section 12 as currently monumented, said part measuring 33 02 feet along the East lot line and 32 60 feet along the West lot line of said Lot #54, as platted and laid out Seven Mile Road Right-of-Way Part of Tax Parcel No 045-01-0054-001 16 That part of Lot #55, Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 12, T 1 S , R 9 E Livonia Township (now City of Livonia) , Wayne County, Michigan, 28623 said part being more particularly described as lying North of a line 60 feet South of and parallel to the North line of Section 12 as currently monumented, said part measuring 33 44 feet along the East lot line and 33 02 feet along the West lot line of said Lot #55 as platted and laid out Seven Mile Road Right-of-Way Part of Tax Parcel No 045-01-0055-001 That part of Lot #56, Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 12, T 1 S , R 9 E , Livonia Township (now City of Livonia) , Wayne County, Michigan, said part being more particularly described as lying North of a line 60 feet South of and parallel to the North line of Section 12 as currently monumented, said part measuring 33 86 feet along the East lot line and 33 44 feet along the West lot line of said Lot #56 as platted and laid out Seven Mile Road Right-of-Way Part of Tax Parcel No 045-01-0056-001 That part of Lot #57, Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 12, T 1 S , R 9 E , Livonia Township (now City of Livonia) , Wayne County, Michigan, said part being more particularly described as lying North of a line 60 feet South of and parallel to the North line of Section 12 as currently monumented, said part measuring 34 29 feet along the East lot line and 33 86 feet along the West lot line of said Lot #57 as platted and laid out Seven Mile Road Right-of-Way Part of Tax Parcel No 045-01-0057-000 That part of Lot #58 and adjacent vacated Pershing Avenue, Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 12, T 1 S , R 9 E , Livonia Township (now City of Livonia) , Wayne County, Michigan, said part being more particularly described as lying North of a line 60 feet South of and parallel to the North line of Section 12 as currently monumented, said part measuring 35 05 feet along the East line of vacated Pershing Avenue and 34 29 feet along the West lot line of said Lot #58 as platted and laid out Seven Mile Road Right-of- Way Part of Tax Parcel No 045-01-0058-000 That part of Lot #91, Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the N E 1/4 of Section 12, T 1 S , R 9 E , Livonia Township (now City of Livonia) , Wayne County, Michigan, said part being more particularly described as lying North of a line 60 feet South of and parallel to the North line of Section 12 as currently monumented, said part measuring 35 47 feet along the East lot line and 35 05 feet along the West lot line of said Lot #91 as platted and laid out Seven Mile Road Right-of-Way Part of Tax Parcel No 045-01-0091-000 28624 The North 17 feet of Lots #64 and 65, Dohany Subdivision, of the West 1/2 of the West 1/2 of the N E 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 64, Page 95, Wayne County Records Seven Mile Road Right-of-Way Part of Tax Parcel No 045-03-0064-001 The North 27 feet of Lot #19 and the East 1/2 of Lot 18, Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the East 1/2 of the N E 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan Seven Mile Road Right-of-Way Part of Tax Parcel No 045-01-0018-004 The Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute proper deeds of conveyance of the aforesaid Seven Mile Road Rights-of-Way to the County of Wayne, subject to approval as to form by the Department of Law #23-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 7, 1994, approved for submission by the Mayor, the Council does hereby authorize the release to Livonia Builders, Inc , 35189 Vargo, Livonia, Michigan 48152, the proprietor of Willow Creek Subdivision, located in the Northeast 1/4 of Section 14, of the financial assurances previously deposited pursuant to Council Resolution 493-93 adopted on June 23, 1993, and subsequently amended by Council Resolution 41-94 adopted on January 26, 1994, specifically a) General Improvement Bond $9, 000 00 ($5, 000 00 minimum cash) ; b) Grading and Soil Erosion Control ($4, 000 00 cash) ; c) Entrance Markers-Landscaping $10, 000 00 ($3, 000 00 minimum cash) ; and d) Street Lighting ($1,465 60 cash balance) ; FURTHER, all other financial assurances (including Monument and Marker Bond in the amount of $970 00 cash) now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #24-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 8, 1994, tft. approved by the Director of Inspection and the Director of Public Works, and approved for submission by the Mayor, regarding the removal of debris from the public alley adjoining the southeast corner of property located at 27500 Grand River in the City of 28625 Livonia and in the amount indicated in the attachment to the aforesaid communication, which work was done in accordance with the provisions of Section 12 04 400 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amount listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the Council does hereby establish the evening of Wednesday, March 22, 1995, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #25-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 13, 1994, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution No 685-87, adopted on August 10, 1987, as amended by Council Resolution 162-88, so as to reduce the financial assurances now on deposit with the City for Sidewalk Improvements in the Carrington Estates Subdivision located in the Northwest 1/4 of Section 9 to $3,300 00 cash, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, the Council does hereby authorize the release to William Roskelly, 33177 Schoolcraft, Livonia, Michigan 48150, the proprietor of the Carrington Estates Subdivision, of the financial assurances previously deposited with respect to the General Improvements in the amount of $2, 000 00 cash; Grading and Soil Erosion Control in the amount of $3,600 00 ($2, 000 00 cash) ; Monuments and Markers $690 00 cash; FURTHER, all other financial assurances now on deposit with the City, if any, shall remain the same and unchanged #26-95 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 1994, which transmits its Resolution 12-202-94, adopted on December 13, 1994, with regard to Petition 94-9-3-8, submitted by William L Roskelly requesting the vacating of a storm sewer easement on Lots 53 and 54, Western Golf Estates Subdivision, located on Santa Anita Avenue between Jamison Avenue and Oakley Avenue in the Northeast 1/4 of Section 24, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 94-9-3-8, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #27-95 RESOLVED, that having considered a communication from this the City Planning Commission, dated December 21, 1994, which transmits its Resolution 12-203-94, adopted on December 13, 1994, with regard to Petition 94-9-3-9, submitted by William L Roskelly requesting the vacating of an easement and/or alley in 28626 the rear of Lots 1 through 10, Horton's Newburgh Subdivision, iMp located west of Newburgh Road between Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 94-9-3-9, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #28-95 RESOLVED, that having considered a communication from the City Planning Commission, dated December 28, 1994, which transmits its Resolution 12-204-94, adopted on December 13, 1994, with regard to Petition 94-9-3-10, submitted by William L Roskelly requesting the vacating of an easement for storm water drainage located on Lots 4 through 7 of the proposed Fargo Woods Subdivision, located east of Merriman Road between Pembroke Avenue and Fargo Avenue in the Northwest 1/4 of Section 2, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 94-9-3-10, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #29-95 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 Wednesday, March 1, 1995, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 94-10-1-22, submitted by Ronald M Parz for a change of zoning of property located on the southeast corner of Middlebelt Road and Terrence Avenue in the Northwest 1/4 of Section 13, from C-1 to C-2, the City Planning Commission in its resolution 12-197-94 having recommended to the City Council that Petition 94-10-1-22 be denied for the following reasons a) That the subject area currently contains sufficient C-2 zoned lands to serve the needs of the area; b) That the proposed zoning district would tend to attract uses which are incompatible to and not in harmony with the adjacent residential uses in the area; c) That the subject site is located so as to provide commercial services principally to the surrounding neighborhood; tow d) That the uses permitted in the existing C-1 zoning district, as well as the several waiver uses, are sufficient to serve the area; 28627 e) That the rezoning of this land to the C-2 zoning classification will set an undesirable precedent for the area and will encourage other C-1 property to similarly be rezoned; and (2) Petition 94-10-1-23, submitted by Charles G Tangora on behalf of Masoud Shango for a change of zoning of property located on the south side of Schoolcraft Road, east of Merriman Road in the Northwest 1/4 of Section 26, from P to C-3, the City Planning Commission in its resolution 12-198-94 having recommended to the City Council that Petition 94-10-1-23 be denied for a change to the C-3 zoning classification for the reasons listed below, but recommends approval to the C-2 district a) That the proposed change of zoning represents an undesirable increase in a less restrictive commercial district in the area; and b) That the proposed change of zoning is not needed to utilize the property in the manner proposed; 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 certified 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 A roll call vote was taken on the foregoing resolutions with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS None On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #30-95 RESOLVED, that having considered the report and tier recommendation of the Committee of the Whole, dated December 19, 1994, with respect to the proposed Time Warner MetroVision merger, the Council does hereby authorize the Department of 28628 Community Resources to obtain legal and financial assistance to supplement City expertise with respect to matters involving the telecommunications industry including the proposed merger, in an amount not to exceed $25, 000 00, such amount to be expended on an as-needed basis and appropriated from the Unexpended Cable Fund Balance; provided, FURTHER, that 500 of such costs related to the proposed merger shall be subject to request for reimbursement from MetroVision pursuant to Section 5-1805 (f) (2) of the Cable Television Franchise Ordinance 1685 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 94-9-1-20) 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 On a motion by Kavanagh, seconded by Toy, it was RESOLVED, that having considered a communication from Sandra Beslach, Secretary of B J 's of Michigan, Inc , dated December 14, 1994, with regard to a request for sign plan approval to erect a sign on Seven Mile Road and a sign to be affixed to the building over the front doors, and change of color of neon, for a business located at 36000 Seven Mile Road, Livonia, Michigan 48152, in Section 5, (to be named The Sideline, currently Tavern on the Green) , the Council does hereby approve the sign plan as submitted subject to the condition that an opaque covering be installed over the green neon A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh and Taylor NAYS Feenstra, McGee, Ochala, Toy, and Jurcisin The President declared the resolution denied On a motion by Feenstra, seconded by Jurcisin, it was imi #31-95 RESOLVED, that having considered a communication from Sandra Beslach, Secretary of B J 's of Michigan, Inc , dated December 14, 1994, with regard to a request for sign plan approval to erect a sign on Seven Mile Road and a sign to be 28629 affixed to the building over the front doors, and change of color IN, of neon, for a business located at 36000 Seven Mile Road, Livonia, Michigan 48152, in Section 5, (to be named The Sideline, currently Tavern on the Green) , the Council does hereby approve the sign plan as submitted A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Ochala, Toy, Jurcisin, and Taylor NAYS Kavanagh The President declared the resolution adopted On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #32-95 RESOLVED, that having considered a communication from the City Assessor, dated December 20, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct public hearings in 1995, which public hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 FIRST SESSION Tuesday March 7, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m Wednesday March 8, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m Friday March 10, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m Saturday March 11, 1995 9 00 a m - 2 00 p m SECOND SESSION Monday March 13, 1995 2 00 p m - 8 00 p m Tuesday March 14, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m Wednesday March 15, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m Friday March 17, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m Saturday March 18, 1995 9 00 a m - 2 00 p m Monday March 20, 1995 2 00 p m - 8 00 p m Tuesday March 21, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m Wednesday March 22, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m Friday March 24, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m 28630 FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E V ) for the year 1995 CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Residential 50 00 1 0000 Personal 50 00 1 0000 On a motion by McGee, seconded by Toy, and unanimously adopted, it was #33-95 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 12, 1994, and the report and recommendation from the Chief of Police, dated November 30, 1994, approved for submission by the Mayor, with respect to a request from Dallo's Brothers, Inc , stockholders Carl Dallo and Ralph Dallo, for a transfer of ownership of a 1994 SDM licensed business from Arbor Ridge, Inc for a business located at 9479 Newburgh Road, Livonia, Michigan 48150, Wayne County, the Council does hereby refer this matter to the Committee of the Whole for further consideration McGee made the following disclosure respecting a conflict of interest on this matter Mr President, I would like the record to reflect that the petitioner here is represented by my law firm, Miller, Canfield, Paddock and Stone, and that I therefore will abstain from any consideration of this agenda item as required by Chapter IV, Section 9, of the Livonia City Charter and the relevant provisions of State law I refer to my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting Thank you McGee left the podium at 8 34 p m On a motion by Feenstra, seconded by Jurcisin, it was #34-95 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 27, 1994, and the report and recommendation from the Chief of Police, dated December 2, 1994, approved for submission by the Mayor, the 28631 Council does hereby recommend approval of the request from Corporate Property Associates 6 and Corporate Property Associates 7, co-licensees, to drop Integra - a hotel and restaurant company and Livonia Inn Management, Inc , as co-licensees in 1994 B-Hotel licensed business with Dance Permit, Entertainment Permit without dressing rooms, Official Permit (Food) , located at 17123 Laurel Park, Livonia, Michigan 48152, 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 result AYES Feenstra, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS None The President declared the resolution adopted McGee returned to the podium at 8 35 p m On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #35-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 14, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, submitted pursuant to Council Resolution 770-94, with respect to the widening of Seven Mile Road from Newburgh Road west to Victor Parkway, the Council does hereby determine as follows a) To authorize the Mayor and City Clerk to enter into an agreement with Nowak & Fraus Corporation, 1310 North Stephenson Highway, Royal Oak, Michigan 48067-1508, to prepare construction documents for the above-referenced project for a lump sum fee not to exceed $44, 000 00; b) To authorize the Mayor and City Clerk to enter into an agreement with Providence Hospital for the reimbursement of $44, 000 00 for the engineering work to be accomplished by Nowak & Fraus Corporation; c) To authorize an advance of $44,000 00 from the Michigan Transportation Fund (Major Road Account) to pay Nowak & Fraus Corporation for their work, said funds to be reimbursed from monies received from Providence Hospital for this purpose; and FURTHER, waive the bidding process for these engineering services in accordance with Section low 3 04 140 of the Livonia Code of Ordinances, as amended; and (CORRECTED PAGE-SEE CR #36-95) 28632 d) To advise the Wayne County Department of Public Services of the City's willingness to participate in the local share of the cost of improving Seven Mile Road from Newburgh Road to Victor Parkway On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #36-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 14, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to the reconstruction of Seven Mile Road from Newburgh Road to Victor Parkway and the proposed installation of sidewalks, and to which is attached the supplemental list requiring such installation, the Council does hereby determine to require the respective owners of lots and premises referred to in said list on the north and south sides of Seven Mile Road between Newburgh and Haggerty Roads to construct and install sidewalks at such premises referred to above, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12 04 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalks on or before November 1, 1995, after which date the Engineering Department shall arrange for the construction of the said sidewalks in accordance with Section 12 04 350 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Jurcisin, it was #37-95 RESOLVED, that having considered a communication from the City Planning Commission, dated December 22, 1994, which transmits its resolution 12-205-94, adopted on December 13, 1994, with regard to the proposed preliminary plat of Hickory Oak Subdivision to be located east of Purlingbrook Avenue between Seven Mile Road and St Martins Avenue in the Southeast 1/4 of Section 2, City of Livonia, Wayne County, Michigan; and the preliminary plat having been approved by the City Planning Commission on December 13, 1994, the Council does hereby waive the open space dedication requirement set forth in the Subdivision Rules and Regulations and does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements 28633 A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Ochala, Toy, Jurcisin, and Taylor NAYS Kavanagh The President declared the resolution adopted On a motion by Kavanagh, seconded by McGee, and unanimously adopted, it was #38-95 RESOLVED, that having considered a communication from the City Planning Commission, dated December 28, 1994, which transmits its resolution 12-208-94 adopted on December 13, 1994, with regard to Petition 94-11-8-27 submitted by Charles C Spera requesting approval of all plans required by Section 18 47 of Ordinance No 543, as amended, in connection with a proposal to alter the exterior building elevations, and by Media Six, Inc requesting approval for one ground sign and one wall sign for the building located at 19276 Middlebelt Road in the Southwest 1/4 of Section 1, the Council does hereby concur in the recommendation of the Planning Commission (with the exception of the condition requiring the painting of the building) and Petition 94-11-8-27 is hereby approved and granted, subject to the removal of the existing cyclone fence and subject to the following additional conditions 1 That the Site & Landscape Plan, defined as Sheet A-1 dated 11/28/94 by Mamola Associates Architects, is hereby approved and shall be adhered to, and that the landscape materials as shown shall be installed prior to the issuance of a Certificate of Occupancy Permit and thereafter permanently maintained in a healthy condition; 2 That the Elevation Plan, defined as Sheet A-3 dated 11/28/94 by Mamola Associates Architects, is hereby approved and shall be adhered to; 3 That the Sign Package by Media Six, Inc , as submitted as part of this site plan application and received by the Planning Commission on 11/22/94, is hereby approved for the wall sign only; 4 That the tenant is restricted from any other type of outdoor advertising whatsoever; 5 That there shall be no more than 25% window signage permitted; 6 That the entire parking lot for this site shall be repaved and restriped; 28634 7 That the Planning Commission does hereby approve the 7 8% landscaping provided and waives the balance of the 15% landscape requirement; 8 That the petitioner as represented by his architect has agreed to the above conditions; and 9 That the entire building will be steam cleaned or sand blasted On a motion by Toy, seconded by Ochala, and unanimously adopted, it was #39-95 RESOLVED, that having considered a communication from the City Planning Commission, dated December 20, 1994, which sets forth its resolution 12-199-94 adopted on December 13, 1994, with regard to Petition 94-10-2-32 submitted by Teh-Yuan Yu requesting waiver use approval to operate a full service restaurant within the Laurel Park Place shopping center located on the west side of Newburgh Road between Six Mile Road and Laurel Park Drive in the Southeast 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 94-10-2-32 is hereby approved and granted, subject to the following conditions 1 That the proposed restaurant shall be limited to no more than 190 customer seats; 2 That the building elevation plan marked Sheet 2 dated 9-26-94 prepared by DiMattia Associates, Architects, which is hereby approved, shall be adhered to; and 3 That this approval does not include the proposed signage shown on the exterior building elevation On a motion by Toy, seconded by Ochala, and unanimously adopted, it was #40-95 RESOLVED, that having considered a communication from the City Planning Commission, dated December 20, 1994, which transmits its resolution 12-200-94, adopted on December 13, 1994, with regard to Petition 94-10-2-33, submitted by Teh-Yuan Yu requesting waiver use approval to utilize a Class C or resort license for a proposed full service restaurant located in the Laurel Park Place shopping center located on the west side of Newburgh Road between Six Mile Road and Laurel Park Drive in the Southeast 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 94-10-2-33 is hereby approved and granted, including therein the waiver of the 1, 000 foot separation requirement prescribed in Section 11 03 (h) of the (CORRECTED PAGE - SEE CR #42-95) 28635 Zoning Ordinance, as amended, and such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #41-95 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 1994, which transmits its resolution 12-201-94, adopted on December 13, 1994, with regard to Petition 94-10-2-34, submitted by Bottles & Stuff II requesting waiver use approval to utilize an SDD license for an existing store located on the west side of Newburgh Road between Five Mile Road and Lancaster Avenue in the Southeast 1/4 of Section 18, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 94-10-2-34 is hereby approved and granted, including therein the waiver of the 1, 000 foot separation requirement prescribed in Section 11 03 (r) of the Zoning Ordinance, as amended, and such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #42-95 RESOLVED, that the Council does hereby amend Council Resolution 843-94 so as to have the same read as follows RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 18, 1994, which bears the signatures of the Finance Director and the City Attorney, and is approved for submission by the Mayor, wherein it is recommended that the City enter into a contract with the Michigan Department of Transportation and the County of Wayne with respect to the responsibilities of the parties and cost allocations associated with the Merriman Road Grade Separation and Road Resurfacing Project, the Council does hereby authorize the City's estimated participation ($2,131, 550 00) in the project cost as outlined in the tri-party agreement; FURTHER, the Mayor and City Clerk are hereby authorized to execute a contract agreement (No 94-2022) for and on behalf of the City of Livonia with the Michigan Department of Transportation and the County of Wayne with respect to this project and to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum estimated to be $2,131,550 00 from the $12 Million General Obligation Road Improvement Bond Issue for this purpose; AND FURTHER, an advance in a sum not to exceed $784,000 00 from the aforementioned appropriation is hereby authorized to be 28636 forwarded to the County of Wayne by March 1, 1995, for purposes of making construction payments relative to the Merriman Road Grade Separation Project; and the City Clerk is hereby requested to send a certified copy of this resolution to the Michigan Department of Transportation On a motion by Kavanagh, seconded by Ochala, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 2, 1994, 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 January 9, 1995, 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 (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of a street lighting system consisting of 100 watt high pressure sodium lights on colonial post top poles with underground wiring in Hunters Pointe Subdivision and the areas immediately east thereof that have been established by lot splits located in the Southeast 1/4 of Section 30, T 1 S , R 9 E , City of Livonia, Wayne County, lbw 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 November 2, 1994; (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 A Special Assessment District in the S E 1/4 of Section 30, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as the Hunters Pointe Subdivision (Liber 107, Pages 23 to 26, W C R ) and the following 7 parcels of land Tax Parcel Numbers 120-02-0536-002, 120-02-0536-003, 120-02-0535-002, 120-02-0535-003, 120-02-0534-002, 120-02-0534-003, and 120-02-0533-000 (2 units assessed) , as shown on the Special Assessment Plan and on the Special Assessment Roll 28637 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated November 2, 1994; 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 On a motion by Jurcisin, seconded by Toy, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 2, 1994, and an amended statement dated January 11, 1995, 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 January 9, 1995, after due notice as required by Section ibm 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 (1) accept and approve said statement, as amended, in all respects; (2) determine to make the improvement consisting of the installation of a street lighting system consisting of four (4) 100 watt high pressure sodium lights on colonial post top poles with underground wiring in Hunters Pointe Subdivision located in the Southeast 1/4 of Section 30, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as described in said statement, as amended; such lights to be installed at the following locations at the entrance to the subdivision at Chase Boulevard and Plymouth Road, the intersection of Birch Run and Chase Boulevard, the corner where Chase Boulevard joins Chase Court, and on the cul-de-sac at the end of Chase Court; 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 November 2, 1994, as amended on January 11, 1995; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 28638 (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 Hunters Pointe Subdivision, as recorded in Liber 107, Pages 24 to 27, both inclusive, said subdivision being a part of the S E 1/4 of Section 30, T 1 S , R 9E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council' s determination on said statements as prepared by the City Engineer dated January 10, 1995; 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 ibiof Ordinances A roll call vote was taken on the motion to substitute as follows AYES McGee, Toy, Jurcisin, and Taylor NAYS Feenstra, Kavanagh, and Ochala The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution, as follows #43-95 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 2, 1994, and an amended statement dated January 11, 1995, 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 January 9, 1995, 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 (1) accept and approve said statement, as amended, in all respects; 28639 (2) determine to make the improvement consisting of the installation of a street lighting system consisting of four (4) 100 watt high pressure sodium lights on colonial post top poles with underground wiring in Hunters Pointe Subdivision located in the Southeast 1/4 of Section 30, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as described in said statement, as amended; such lights to be installed at the following locations at the entrance to the subdivision at Chase Boulevard and Plymouth Road, the intersection of Birch Run and Chase Boulevard, the corner where Chase Boulevard joins Chase Court, and on the cul-de-sac at the end of Chase Court; 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 November 2, 1994, as amended on January 11, 1995; (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 liostatement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Hunters Pointe Subdivision, as recorded in Liber 107, Pages 24 to 27, both inclusive, said subdivision being a part of the S E 1/4 of Section 30, T 1 S , R 9E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated January 10, 1995; 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 with the following result AYES Feenstra, McGee, Toy, Jurcisin, and Taylor 28640 NAYS Kavanagh and Ochala The President declared the resolution adopted On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #44-95 RESOLVED, that having considered a communication dated January 5, 1995, from the Department of Law transmitting for Council acceptance two Quit Claim Deeds, more particularly described as (1) Quit Claim Deed dated December 22, 1994, executed by John J Trybus and Kathleen J Trybus, to the City of Livonia, for The South ten (10) feet of the following parcel of land A parcel of land located in the N W 1/4 of Section 2, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the East and West 1/4 line of said Section 2 distant North 89°25' 01" West, 30 00 feet from the center of said Section 2; thence continuing along said East and West 1/4 line North 89°25' 01" West, 170 00 feet; thence North 00°37' 04" East, 133 30 feet; thence South 89°25' 01" East, 170 00 feet to the west right- of-way line of Purlingbrook Road; thence along said right-of- way line South 00°37' 04" West, 133 30 feet to the point of beginning (Pembroke Ave Right-of-Way - Sidwell No 006-99-0025-002) (2) Quit Claim Deed dated December 22, 1994, executed by Kathleen J Trybus, to the City of Livonia, for The South ten (10) feet of the following parcel of land A parcel of land located in the N W 1/4 of Section 2, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the East and West 1/4 line of said Section 2 located distant North 89°25' 01" West, 200 00 feet from the center of said Section 2; thence continuing along said East and West 1/4 line North 89°25' 01" West, 153 61 feet; thence North 00°39' 18" East, 133 30 feet; thence South 89°25' 01" East, 153 52 feet; thence South 00°37' 04" West, 133 30 feet to the point of beginning (Pembroke Avenue Right-of-Way - Sidwell No 006-99-0025-001) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deeds and the City Clerk is hereby requested to have the same recorded in the Office of lbw the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution 28641 On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #45-95 RESOLVED, that having considered a communication dated December 13, 1994, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement dated November 22, 1994, executed by Shawn E Kelley to the City of Livonia for The East ten (10) feet of the following parcel of land Lots 40 and 41, except the East 200 feet of said lots, Iris Gardens Subdivision, as recorded in Liber 67, page 55, Wayne County Records, said subdivision being a part of the S W 1/4 of Section 1, T 1 S , R 9 E , Livonia Township (now City of Livonia) , Wayne County, Michigan (Sidwell No 003- 02-0040-001) 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 Toy, seconded by Jurcisin, and unanimously adopted, it was #46-95 RESOLVED, that having considered a communication dated December 28, 1994, from the Department of Law transmitting for Council acceptance three Grants of Easement, more particularly described as Grants of Easement dated September 2, 1993, executed by James R Graves, Jr and Jeanne Graves, his wife, and Odell LeChevalier and JoAnne LeChevalier, his wife, to the City of Livonia, for Sanitary Sewer Easement The South 12 feet of the East 65 00 feet of Lot 69 of Garden Farms Subdivision, of part of the Northeast 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 40 of Plats, on Page 56, Wayne County Records Subject to easements and restrictions of record (Sidwell #045-01-0069-000) AND 28642 The South 12 feet of the West 60 00 feet of the East 125 00 feet of Lot 69 of Garden Farms Subdivision, of part of the Northeast 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 40 of Plats, on Page 56, Wayne County Records Subject to easements and restrictions of record (Sidwell #045-01-0069-001) AND The South 12 feet of the West 65 00 feet of Lot 69 of Garden Farms Subdivision, of part of the Northeast 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 40 of Plats, on Page 56, Wayne County Records Subject to easements and restrictions of record (Sidwell #045-01-0069-002) 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 Toy, seconded by Ochala, and unanimously adopted, it was #47-95 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 8, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash grant in the amount of $3,600 00 from the Target Corporation, the same to be credited to and deposited in Account #702-000-285-215 for activities in the Livonia Youth Assistance Program On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #48-95 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 8, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $500 00 from the Livonia Heart Fund to the Livonia Youth Assistance Program and does for this purpose deposit and credit the same to Account #702-000-285-215 On a motion by Toy, seconded by Ochala, and unanimously adopted, it was 28643 L #49-95 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 12, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of computer equipment from Electronic Data Systems (EDS) to the Livonia Youth Assistance Program as indicated in the aforesaid communication On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was #50-95 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 15, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of $1, 592 54 from the sources indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the sum of $1, 592 54 to Account #702-000-285-216 for use in the Senior Citizen Programs On a motion by Ochala, seconded by McGee, and unanimously adopted, it was #51-95 RESOLVED, that having considered a communication from the City Librarian, dated December 16, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the amounts and from the sources indicated therein for use by the Livonia Public Library and such cash donations to be deposited in the accounts identified in the aforesaid communication On a motion by Ochala, seconded by McGee, and unanimously adopted, it was #52-95 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda McGee made the following disclosure respecting a conflict of interest on this matter Mr President, pursuant to the provisions of Chapter IV, Section 9, of the Livonia City Charter and the relevant provisions of State law, I am hereby disclosing the existence of a conflict of interest with respect to this matter As I believe the Council and the Administration are aware, I am an employee of the law firm of Miller, Canfield, Paddock and Stone of Detroit, Michigan Miller, Canfield has acted as bond counsel to the City 28644 for many years This matter involves a pending bond issue for which Miller, Canfield has been retained by the City to act as bond counsel As such, I have a pecuniary interest in this matter and, under the foregoing authorities, I must abstain from consideration of and voting upon this matter I refer to my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting Thank you McGee left the podium at 8 51 p m On a motion by Jurcisin, seconded by Toy, it was #53-95 WHEREAS, there exists in the City of Livonia, County of Wayne, State of Michigan (the "City") , the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local enterprise in order to strengthen and revitalize the City' s economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, a program to accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation") ; and WHEREAS, a project (the "Project") has been proposed to the Corporation by Madonna University, a Michigan not-for-profit corporation and educational institution (the "University") ; and WHEREAS, the Corporation in conformity with Act No 338, Public Acts of Michigan, 1974, as amended ("Act 338") , has designated the hereinafter described project area for such a Project to this Council for its approval thereof; and WHEREAS, it is also necessary for this Council to establish project district area boundaries; and WHEREAS, it is also necessary for this Council to approve the appointment of two additional directors to the Board of Directors of the Corporation pursuant to the provisions of Section 4 (2) of Act 338; and WHEREAS, the Corporation in conformity with Act 338 has prepared and submitted a project plan (the "Project Plan") describing the project to be undertaken on behalf of the University (the "Project") ; and WHEREAS, pursuant to Act 338 and the Internal Revenue Code of 1986, as amended, it is necessary to hold a public hearing concerning the Project, the Project Plan and the bonds proposed L therein to be issued by the Corporation (the "Bonds") , prior to taking legislative action relating to the Project and the Bonds 28645 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS 1 This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached 2 This Council does hereby establish as a project district area the property described in Exhibit B hereto attached 3 This Council does hereby certify its approval of the individuals listed on Exhibit C as additional Directors of the Corporation to serve in conformity with the provisions of Section 4 (2) of Act 338 4 It is hereby determined that the requirements of Section 20 of Act 338 have been met and that the formation of a project citizens district council is not required 5 The Council shall meet on Monday, February 6, 1995, at 8 00 o' clock p m , at which time it shall conduct a public hearing on the Corporation' s submission of the Project Plan and the issuance by the Corporation of the Bonds 6 The City Clerk be and is hereby directed to give notice of such public hearing by (1) publishing a notice thereof in the Livonia Observer, a newspaper of general circulation in the City; (2) posting in at least ten (10) conspicuous and public places in the project district area; and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given at least fourteen (14) full days prior to the date set for said hearing 7 Said notice shall be in substantially the following form OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROJECT PLAN AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN AS SUBMITTED TO THE LIVONIA CITY COUNCIL BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR THE MADONNA UNIVERSITY PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia (the "EDC") has submitted a project plan to the City Council for its approval Said project plan deals with the acquisition and construction of certain modifications, improvements and renovations to the educational facilities at Madonna University, to be located on a project area or site described as follows 28646 Parcel 1, consisting of an approximately rectangular parcel at the Northwest corner of Levan Road and Schoolcraft Service Drive (Jeffries Expressway) with approximately 1, 350 feet fronting on Schoolcraft Service Drive and 1, 850 feet fronting on Levan Road Parcel 2, consisting of an approximately rectangular parcel at the Northeast corner of Levan Road and Schoolcraft Service Drive (Jeffries Expressway) with approximately 367 feet fronting on Schoolcraft Service Drive and 300 feet fronting on Levan Road The street addresses of the facilities are 36200 Schoolcraft Road, 36300 Schoolcraft Road, 36600 Schoolcraft Road, and 14221 Levan Road, Livonia, Michigan 48150 The Project consists generally of the acquisition of lighting, heating, air conditioning and ventilation, mechanical system, and energy management system improvements and roof replacements on or in various of the University's buildings; the purchase of land and a structure at 36300 Schoolcraft Road and renovations and remodeling thereof; parking lot improvements, including lighting; telephone, computer, information system and communications equipment replacement and upgrade, and related work; and miscellaneous site and building improvements at the lia University's facilities Said project plan details all information required by law relative to said project and its impact on the community No persons will be displaced from the project area as a result of this project Said project plan also proposes the issuance of revenue bonds by the EDC in a maximum principal amount not to exceed $5, 000, 000 to assist in the financing of said project The revenue bonds proposed to be issued shall not be a debt of the City and the City shall not be liable for the payment thereof The City Council will meet at 8 00 o'clock p m , Monday, the 6th day of February, 1995, in the Auditorium at City Hall, 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing on the advisability of the Council approving, modifying or rejecting by resolution said project plan and the issuance of bonds as proposed therein THIS NOTICE is given pursuant to the requirements of Section 10 and 17 of Act 338, Public Acts of Michigan, 1974, as amended, and of Section 147 (k) of the Internal Revenue Code of 1986, as amended The project plan and relevant maps or plats are available for inspection at the City Planning Department firAll interested citizens are encouraged and will be offered an opportunity at said hearing to address the City Council 28647 concerning said project, said project plan, and the bonds proposed to be issued Written comments may also be submitted to the City Clerk prior to said hearing JOAN McCOTTER City Clerk 8 The City Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the City to hold a public hearing and the purpose of the public hearing 9 The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation and to bond counsel 10 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS None The President declared the resolution adopted McGee returned to the podium at 8 52 p m On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #54-95 RESOLVED, that the Council does hereby discharge from the Streets, Roads and Plats Committee from further consideration the subject matter of a proposed sidewalk installation project on the east and west sides of Newburgh Road from Joy Road to Plymouth Road and on the west side only of Newburgh Road from Plymouth Road to Schoolcraft Road, which was submitted pursuant to Council Resolution 875-94 On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was 111 #55-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 21, 1994, approved for submission by the Mayor, submitted pursuant to Council Resolution 159-94 with respect to proposed sidewalk 28648 installation on the east and west sides of Newburgh Road from Joy Road to Plymouth Road and on the west side only of Newburgh Road from Plymouth Road to Schoolcraft Road, to which is attached lists requiring such installation, the Council does hereby determine to require the respective owners of lots and premises referred to in said lists to construct and install sidewalks at such premises referred to above, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12 04 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalks on or before June 1, 1995, after which date the Engineering Department shall arrange for the construction of the said sidewalks in accordance with Section 12 04 350 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall also advise the respective owners of lots and premises herein referred to that (1) if construction of sidewalks is arranged by the Engineering Department, 75% of the construction costs will be funded through the Transportation Enhancement Fund, and property owners will pay only 25% of the construction costs, and (2) if the property owner constructs and installs the sidewalk, the property owner will be responsible for 100% of the costs thereof On a motion by McGee, seconded by Kavanagh, and unanimously adopted, it was #56-95 RESOLVED, that having considered a communication from the Mayor, dated January 18, 1995, submitted pursuant to Section 2 48 020 of the Livonia Code of Ordinances, as amended, with respect to the appointment of Mr Tod G Jaggi, 9610 Arcola, Livonia 48150, as a member of the Local Officers Compensation Commission for a term which shall expire on April 2, 2001, the Council does hereby confirm the appointment of Mr Jaggi; and it is further provided that he take the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk There was no audience communication at the end of the meeting On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, this 1,288th Regular Meeting of the Council of the City of Livonia was adjourned at 9 00 p m , January 18, 1995 ifts - ' ;It- 'Mt (I,t07_, J. :n McCotter, City Clerk