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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-03-06 26329 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETY SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 6, 1991 , 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 03 P M Councilwoman Toy delivered the invocation Roll was called with the following result Present Laura Toy, Robert R Bishop, Gerald Taylor, Ron Ochala, Fernon P Feenstra and Dale Jurcisin, Absent Joan McCotter (on vacation) . Elected and appointed officials present Robert F Nash, City Clerk, Harry Tatigian, City Attorney, Robert D Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs, Suzanne Wisler, Director of Community Resources, Ron Reinke, Superintendent of Parks and Recreation, David Preston, Director of Finance and Thomas Carey, Traffic tr, Commission On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted*, it was #146-91 RESOLVED, that the minutes of the 1 ,194th Regular Meeting of the Council of the City of Livonia, held February 6, 1991 are hereby approved *Councilman Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 1908 of the Livonia Code of Ordinances At the direction of the Chair, Items No 18 and 23 were removed from the Consent Agenda (re Award of Contracts for the Livonia Sewer System Rehabilitation Program and the Traffic Signal Cost Agreement for the Joy and Newburgh Intersection) On a motion by Councilman Bishop, seconded by Councilman Ochala, it was 26330 1147-91 RESOLVED, that having considered a letter from Stephen L L. Lindsay, 34O5O WadswOrth, LivoDia, MiChigan, dated February 7 , 1891 , wherein a request is submitted for a street improvement On Wadsworth east of Stark Road and for a sidewalk improvement on Wadsworth and Stark Road south to Plymouth Road, the Council does hereby refer this item to the Engineering Department for its report and recommendation which should include the question of providing sidewalks in this general area. #148-91 RESOLVED, that having considered a letter submitted by Eugene Szewski , 16723 Savoie, Livonia, Michigan, and certain Other residents on Savoie and Grove, dated February 11 , 1991 , which requests a street paving improvement on Savoie south of Six Mile Road, the Council does hereby refer this item to the Engineering Department for its report and recommendation. 1149-91 RESOLVED, that having considered a letter from the President of the Livonia Garden Club dated February 1 , 1991 , wherein a request is submitted for a waiver of fees in connection with conducting the Livonia Garden Club Flower Show at the Civic Center Library on September 14 and 15, 1091 , the Council does hereby concur in and approve this request in the manner and form herein submitted. 1150-91 RESOLVED, that having considered a letter from the 1991 Heritage Fair Chairman and the Chairperson of the Livonia Historical Commission dated February 4, 1991 , approved by the Finance Director, and approved for submission by the Mayor, with regard to the 1991 Heritage Fair to be conducted at Greenmead on June 2, 1991 , the Council does hereby waive the transient license fee for crafters participating in said event, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 1151-91 RESOLVED, that having considered the report and recommendation of the Housing Director dated February 13, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached a proposed rent collection policy and procedure for Silver Village and scattered site single family homes, including therein a provision with respect to delinquent rents/payments, the Council does hereby approve the said rent collection policy and procedure in the manner and form herein submitted. #152-91 RESOLVED, that having considered a communication from the City Clerk, dated February 8, 1091 , which indicates that the proprietor of Donna Estates Subdivision, situated in the Northwest 1/4 of Section 9, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval , and the Council having received a communication from the City Planning Commission, dated February 7, 1991 , wherein said Commission approves the final plat for 26331 the said subdivision in its resolution 2-20-91 , adopted on February 5, 1991 , and the Council having considered a report from the City Engineer, dated January 31 , 1991 , recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 825-90, adopted on September 12, 1990, said preliminary plat having been recommended for approval by the City Planning Commission on January 30, 1990 in its resolution 1-282-90, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of D0rind Estates Subdivision, located in the Northwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 1153-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 14, 1991 , which is approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the purchase from Bill Snethkamp' s Lansing Dodge, Inc. , 6131 S. Pennsylvania Avenue, Lansing, Michigan 48910 of one (1 ) 1991 Dodge 8-350 full-size van for a total price of $11 ,131 .72, � , furthSr the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 l40D5 of the Livonia Code of Ordinances, as amended, further, the Council does hereby request that the 1982 GMC van referred to in the aforesaid communication be disposed of in accordance with the surplus vehicle policy previously established by the City Council /154-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 14, 1991 , which is approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the purchase from Bill Snethkamp' s Lansing Dodge , Inc. , 6131 S Pennsylvania Avenue, Lansing, Michigan 48910 of five (5) 1991 Dodge Dynasty four-door sedans for a total price of $50,935 90 ($10,187, 18 per vehicle) , further, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3.04'l40D5 of the Livonia Code of Ordinances, as �m� amended. 26332 #155-91 RESOLVED, that having considered the report and L recommendation of the Director of Public Works dated March 1 , 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 1991 Chevrolet C-2500 3/4 ton pickups from Tennyson Chevrolet, 32570 Plymouth Road, Livonia, Michigan 48150, for a total price of $21 ,758 76 ($10,879 38 per vehicle) , further, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances #156-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 8, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the following bids which meet specifications for supplying the Public Service Division (Golf Courses and Park Sections) with the fertilizers specified at the unit prices bid (1 ) Turfgrass, Inc. , 28064 Pontiac Trail , South Lyon, Michigan 48178 Material to be Furnished Unit Price Bid 13-0-44 analysis fertilizer $402,40 per ton � 48-0-0 analysis fertilizer 265,60 per ton -~- 19-10-19 analysis fertilizer 27O.0U pSr t0n (2) Turf Chemicals, Inc. , 1011 E. Main Street, P O. Box 451 , Owosso, Michigan 48867 Material to be Furnished Unit Price Bid 25-0-25 analysis fertilizer $418.00 per ton Milorganite 259 00 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the material , the Council does hereby accept the following second lowest bids which meet specifications for supplying the Public Service Division (Golf Courses and Parks Sections) with the fertilizers specified at the unit prices bid (1 ) Turf Chemicals, Inc , 1011 E Main Street, P.O Box 451 , Owosso, Michigan 48867 Material to be Furnished Unit Price Bid 13-0-44 analysis fertilizer $488 00 per ton 46-0-0 analysis fertilizer 274 00 per ton 19-19-19 analysis fertilizer 332 OO per tO� - � 26333 0 (2) Turfgrass, Inc , 28064 Pontiac Trail , South Lyon, ' ' � Michigan 48178 Material to be Furnished Unit Price Bid 25-0-25 analysis fertilizer $432 80 per ton #157-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 15, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Lawnmower, Inc. , 34955 Plymouth Road, Livonia, Michigan 48150, for supplying the Public Service Division (Equipment Maintenance and Idyl Wyld Golf Course Sections) with three (3) turf vehicles (10 HP) for a net price of $11 ,500.00, based on a total price of t12,000.00 less trade-ins of $500.00, the same having been in fact the lowest bid received which meets specifications, and the bids of Lawn Equipment Service & Sales, Industrial Vehicle Sales, Inc, , and Wilkie Turf Equipment Div , Inc are hereby rejected inasmuch as they do not meet specifications. #158-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 15, 1991 , approved by the Director of Finance and approved NL for submission by the Mayor, the Council does herebyaccept the bid of Wilkie Turf Equipment Division. , Inc. , 1050 Opdyke Road, Pontiac, Michigan 48343 for supplying the Public Service Division (Idyl Wyld Course Section) with one (1 ) turf sprayer for a net price of $7,600.00, based on a total price of $8,137,50 less trade-in of $537 50, the same having been in fact the lowest bid received which meets specifications, and the bid Of Thesier Equipment Company is hereby rejected inasmuch as it does not meet specifications. #159-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 15, 1997 , which is approved by the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Campus Ford, Inc. , 1830 W. Grand River, Okemos, Michigan 48864, of seven (7) Ford Ranger pickups for a total price of $57,562.75 ($8,223.25 per vehicle) , FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04 l4UD5 of the Livonia Code of Ordinances, as amended 26334 #160-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated March 1 , 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the purchase of seven (7) 1991 Chevrolet Cavalier sedans from Tennyson Chevrolet, 32570 Plymouth Road, Livonia, Michigan 48150, for a total price of $52,068,80 ($7,438.40 per vehicle) , further, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04,l40D5 of the Livonia Code of ordinances, as amended. #161-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 20, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Wm. F. Sell & Son, Inc. , 16555 S. Telegraph Road, Taylor, Michigan 48180, for supplying the Public Service Division (Equipment Maintenance Section) with a lawn and garden tractor with attachments for a net price of $6,243.38, based on a total price of $7,743 98 less trade-in of $1 ,500,00, the same having been the lowest bid received and meets all specifications. #162-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 20, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept torthS bid of W. F. Miller Co, , 25125 Trans-X, Novi , Michigan 48375 for supplying the Public Service Division (Equipment Maintenance and Whispering Willows Golf Course Sections) with two (2) 72" front-mounted riding rotary mowers for a net price Of $10,854.00, based on a total price of $19,663.00 less trade-ins of $2,809 00, the same having been in fact the lowest bid received and meets all specifications #163-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 19, 1991 , which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposal for the City of Livonia , dated January 24, 1991 , prepared by Ghafari Associates, Inc , for a Geographic Information Systems Needs Assessment and Implementation Plan Study, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation. #164-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 6, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Core Concrete Construction, 21553 Gable, Livonia, MI 48152, to complete the work required for the 1991 Sidewalk Program for the estimated total cost of t182,409.40, �w" based upon the Engineering Department' s estimate of units 26335 involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, further, the Council does hereby (1 ) authorize an advance in the amount of $152,409 40 from the $12 million General Obligation Road Improvement Bond issue with the provisions that this bond issue be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners and (2) authorize an appropriation in the amount of $30,000 00 from the Michigan Transportation Fund, Local Road Account, to pay for the City' s portion of the contract, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #165-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 6, 1991 , approved for submission by the Mayor, the Council does hereby authorize the release to Paragon Properties, Suite 202, 32400 Telegraph Road, Birmingham, MI 48010, the proprietor of the th* Belden Industrial Park Subdivision located in the Southwest 1/4 of Section 28, of the financial assurances previously deposited with respect to the Soil Erosion Bond in the amount of $7,000 00, pursuant to Council Resolution 23-86, adopted on January 15, 1986 and subsequently amended by Council Resolutions 69-87 and 783-87, and all other financial assurances now on deposit with the City 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 #166-91 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) , dated January 29, 1991 , which is approved for submission by the Mayor, and submitted pursuant to Section 13(6)a of Act 51 , of the Public Acts of Michigan of 1951 , as amended with regard to the transfer of funds for the fiscal year 1990-91 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for the Major Street System to be used on the Local Street System, and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill IL. the purpose of this resolution 26336 1167-91 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) , dated January 29, 1991 , which bears the signature of the Finance Director, approved for submission by the Mayor and submitted pursuant to Section 13(6)(b) of Act 51 , of the Public Acts of Michigan of 1951 , as amended with regard to the transfer of funds for the fiscal year 1990-91 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $226,900 from those funds designated for use on the Major Street System to be used on the Local Street System, and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this re3VlUtiOn. A communication from the Planning Commission, dated February 7, 1991 , re Petition 90-11-3-1l - Withdrawal was received and placed on file for the information of the Council 1168-91 RESOLVED, that having considered a communication dated February 20, 1991 from Redstone Architects in behalf of Amoco Oil Company, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on February 19, 1991 by L ~the Citv Planning CVmmi3siOn in its resolutipn l-26-9l with regard to Petition 91-1-2-7 submitted by Louis G. Redstone Associates, Inc requesting permission to construct an Amoco Service Station and food shop as a waiver use on property zoned C-2, located on the northeast corner of Six Mile Road and Haggerty Road in the Southwest 1/4 of Section 7, the Council does hereby designate Wednesday, April 24, 1991 at 7: 30 p.m. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia #169-91 RESOLVED, that having considered a communication dated February 25, 1991 from John R Carney, submitted in behalf of Shell Oil Company and New Five Shell , Inc , which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on February 19, 1991 by the City Planning Commission in its resolution 2-28-91 with regard to Petition 91-1-2-3 submitted by Shell Oil CO. requesting waiver use �-- approval to add an auto wash facility to the Shell service 26337 station located at the southeast corner of Five Mile and Merriman L 'R��d� iD the N0rthwSst l /4 0f 3ection 23, the CnuDcil do85 hereby designate Wednesday, April 24, 1991 at 7.30 p.m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following result AYES Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin NAYS None. On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #170-91 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee dated March 4, 1991 * in connection L with the report and recommendation of the City Engineer and the Director of Public Works dated February 19, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the following unit price bids for the City of Livonia Sewer System Rehabilitation Program, based upon the Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein , said estimated cost and unit prices having been in each case the lowest bid received for these items a. Contract 1 Manhole Rehabilitation, is awarded to Imperial Construction, 24101 Novi Road, Novi , MI 48376 for the estimated total cost of $1 ,343,255 00, b Contract 2 Point Repair Rehabilitation, is awarded to Adamo Contracting Corporation, 300 East Seven Mile Road, Detroit, MI 48203 for the estimated total cost of $495,820'00, c. Contract 3 Six Mile Relief Sewer, is awarded to Ric-Man Construction Co. , Inc , 6850 Nineteen Mile Road, Sterling 16. Heights, MI 48314 for the estimated total cost of $1 ,287,540 36, and 26338 itod Contract 4 Permanent Flow Meters, is awarded to ADS Environmental Services, Inc , 5025 Bradford Blvd , Cummings Park, Huntsville, AL 35805 for the estimated total cost of $146,600 00, the foregoing awards of contracts are hereby made subject to and conditioned upon Wayne County and MDNR/EPA approval , and the City Engineer is hereby authorized to approve minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Livonia with the aforesaid bidders and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #171-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 28, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the relocation and the modernization of the traffic control signals located lbw at the intersection of Joy and Newburgh Roads, the Council does hereby agree to and approve of the City of Livonia participating in the actual cost of installation to the extent of 50%, the total estimated cost of such installation being in the amount of $24,250 00, and the City' s estimated cost of participating being in the amount of $12,125 00, further, the Council does hereby agree to the City of Livonia participating in the future maintenance and electrical energy charges to the extent of 25%, AND FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $12,125 00 from the Livonia Transportation Fund (Major Road Account) for this purpose, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the proposed cost agreement submitted in this regard, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed cost agreement, to the Wayne County Department of Public Services, Division of Roads. , FURTHER, the Engineering Division is hereby requested to submit its report and recommendation on the feasibility of adding a walk/don' t walk traffic control device for pedestrians at this intersection On a motion by Councilman Bishop, seconded by Councilwoman Toy, IL. and unanimously adopted, it was 26339 #172-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 11 , 1991 , and submitted pursuant to Council Resolution 1053-90 in connection with a communication from the City Planning Commission, dated October 25, 1990, which transmits its resolution 10-287-90, adopted on October 16, 1990, with regard to Petition 90-9-2-32, submitted by Vicki Castaneda requesting waiver use approval to remodel and expand an existing restaurant (Old Mexico Restaurant) located on the southwest corner of Five Mile Road and Harrison in the Northwest 1/4 of Section 24, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 90-9-2~32 is hereby approved and granted, such approval being made subject to a variance being granted by the Zoning Board of Appeals for an addition to a non-conforming building as well as compliance with the same conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Ochala, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 11 , 1991 , and submitted pursuant to Council Resolution 1064-90 in connection with a communication from the City Planning hw 0L CDmmi3sion, dated September 28, 1990, which transmits its resolution 9-446-90, adopted on September 18, 1990, with regard to Petition 90-8-2-?9, submitted by Vicki and Ramon Castaneda requesting waiver use approval to utilize a Class C Liquor License in conjunction with an existing restaurant (Old Mexico Restaurant) located on the southwest corner of Five Mile Road and Harrison in the Northwest 1/4 of Section 24, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on November 19, 1990, pursuant to Council Resolution 925-90, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 90-8-2-29 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission The motion failed for lack of support On a motion by Councilman Feenstra , seconded by Councilman Bishop, it was #173-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 11 , 1991 , and submitted pursuant to Council Resolution 1064-90 in connection with a communication from the City Planning IL. Commission, dated September 28, 1990, which transmits its 26340 resolution 9-446-90, adopted on September 18, 1990, with regard � to Petition 90-8-2-29, submitted by Vicki and Ramon Castaneda -~ reque5ting waiver use approval to utilize a Class C Liquor License in conjunction with an existing restaurant (Old Mexico Restaurant) located on the southwest corner of Five Mile Road and Harrison in the Northwest 1/4 of Section 24, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on November 19, 1990, pursuant to Council Resolution 925-90, the Council does hereby reject the recommendation of the City Planning Commission, and Petition 90-8-2-29 is hereby approved and graOt8d. A roll call vote was taken on the foregoing resolution with the following result AYES: Toy, Bishop, Taylor, Feenstra and Jurcisin. NAYS Ochala. The Vice President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilwoman Toy, it was 1174-91 RESOLVED, that having considered the report and ��- recommendation of the Committee of the Whole dated February 11 , 1991 , and submitted pursuant to Council Resolution 1120-90 in connection with a communication from the Michigan Liquor Control Commission dated November 21 , 1990 with regard to a request from Vicki Castaneda requesting a new full year Class C Liquor License to be located at 28407 Five Mile Road, Livonia, Michigan 48154, Wayne County in the corporate name of Old Mexico, Incorporated, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others," and the City Clerk is hereby requested to transmit 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 Toy, Bishop, Taylor, Feenstra and Jurcisin NAYS Ochala The Vice President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, 16. and unanimously adopted, it was 26341 #175-91 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated L F�brV�ry �5, l9�l , d�d �ubmftt�d pVrsudnt t� CUunCfl R�3�lutiVn 778-90 in connection with the report and recommendation of the Director of Finance dated August 2, 1990, approved for submission by the Mayor, with regard to the Special Event Insurance Program, the Council does hereby determine to take no further action. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #176-91 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated February 25, 1991 , in connection with a report and recommendation from the Finance Director dated February 20, 1991 with regard to the City' s Facility Use policies and procedures, and recommended insurance requirements for users of City-owned facilities submitted by the respresentative of MMRMA on February 25, 1991 , and a proposal for a five (5) tier insurance coverage plan ($0, $100,000, $300,000, $500,000, $1 ,000,000\ ^ the Council does hereby refer this item to the Mayor for his report and recommendation— On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #177-91 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated February 25, 1991 , in connection with and submitted pursuant to Council Resolution 684-88 in connection with a communication from the Director of Finance, dated July 5, 1988, approved for submission by the Mayor, with regard to current trends in self-insured workers' compensation insurance coverage, the Council does hereby determine to take no further action On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #178-91 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated February 25, 1991 , in connection with and submitted pursuant to Council Resolution 523-90 in connection with providing additional funding to the Western Wayne County Project on Domestic Assault and the Community Commission on Drug Abuse, 16. the Council does hereby determine to take no further action 26342 On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #179-91 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated February 25, 1991 , pursuant to Council Resolution 216-89 in connection with a proposal submitted by Councilman Ron Ochala, dated February 22, 1989, to adopt a resolution opposing the rate increase established by MetroVision for Tier II service from $12 25 to $13 95 per month for Livonia subscribers, the Council does hereby determine to take no further action Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 90-10- 3-10) thw A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin. NAYS None. The Vice President declared the foregoing Ordinance duly adopted, and would become effective on Publication Councilwoman Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 1 THROUGH 28 AND 31 THROUGH 36 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 90-10-1-25) A roll call vote was taken on the foregoing Ordinance with the following result L. AYES Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin. NAYS. None. The Vice President declared the foregoing Ordinance aduly adopted, and would become effective on publication 26343 Councilman Taylor took from the table, for second reading and adoption, 1. ;he following Ordinance AN ORDINANCE AMENDING SECTIONS 10 02 OF ARTICLE X, 13 06 OF ARTICLE XIII , 15 03 OF ARTICLE XV, 16 03 OF ARTICLE XVI, 18 09, 18 37, 18 45, 18 50C, 18 50D, 18 58 OF ARTICLE XVIII , 21 10 OF ARTICLE XXI , 22 04 OF ARTICLE XXII , 23 03 OF ARTICLE XXIII , 26 04 OF ARTICLE XXVI AND 29 04 OF ARTICLE XXIX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" (Petition 90-9-6-8) A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin NAYS None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #180-91 RESOLVED, that having considered a letter from the President of the Franklin Patriot' s Club dated February 20, 1991 with regard to the show to be held on Saturday, March 23, 1991 , and wherein it is requested that permission be granted to post signs which are 2' x 3' in size from March 18 through March 23, 1991 , and which will be removed promptly thereafter, and which will be posted at the following locations S E corner of Plymouth and Merriman S E corner of Plymouth and Middlebelt N E corner of Joy and Farmington N E corner of Joy and Merriman N W corner of Joy and Middlebelt S W corner of West Chicago and Inkster the Council does hereby concur in and approve of this request in the manner and form herein submitted On a motion by Councilman Taylor, seconded by Councilwoman Toy, Lis end unanimously adopted, it was 26344 INK #181-91 RESOLVED, that having considered a letter from the Livonia Woodcarvers Club dated February 11 , 1991 , wherein permission is requested to conduct the 17th Annual Woodcarving Show at the Eddie Edgar Ice Arena on August 3 and 4, 1991 , and which also requests a waiver of all fees in connection with the transient merchants license for exhibitors at the show, and further requests permission to display temporary advertising signs at Farmington and Five Mile, Farmington and Lyndon and Farmington and Schoolcraft from July 27 to August 4, the Council does hereby approve and grant this request in the manner and form herein submitted On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #182-91 RESOLVED, that having considered a letter from the Livonia Woodcarvers Club dated February 11 , 1991 , the Council does hereby take this means to indicate that the Livonia Woodcarvers Club is recognized as a non-profit organization operating in the community, the action herein being taken for the purpose of affording the Livonia Woodcarvers Club an opportunity to obtain a gaming license from the State of Michigan in accordance with the provisions of State statute On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #183-91 RESOLVED, that having considered a letter from the Vice President/Plant Manager of Borg-Warner Automotive Powdered Metals Corporation, 32059 Schoolcraft, Livonia, Michigan 48150-1864, dated February 11 , 1991 , requesting that they be permitted to make installment payments for the special assessment levied on their property in Special Assessment District No 329 pursuant to Council Resolution 911-89, and that they be refunded the money which they previously paid in this regard, the Council does hereby approve and authorize such action and requests that the City Treasurer do all things necessary or incidental to fulfill the purpose of this resolution in accordance with the report and recommendation submitted by the City Treasurer, dated March 5, 1991 for a refund in the amount of $33,648.00 On a motion by Councilman Taylor, seconded by Councilman Feenstra, I. and unanimously adopted, it was 26345 #184-91 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated January 8, 1991 , and the report and recommendation of the Chief of Police dated February 6, 1991 , the Council does hereby approve of the request from Roger B Calo, stockholder in Calo Companies, Inc. , to transfer ownership of 1990 SDM licensed business from Veri ' s Party Shoppe, for a business located at 34395 Plymouth, Livonia, Michigan, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #185-91 RESOLVED, that having considered a communication from the City Planning Commission dated February 7, 1991 , which transmits its resolution 2-23-91 , adopted on February 5, 1991 , with regard to a Sign Permit Application submitted by Chapman Sign Inc. for Sveden House for a new wall sign on property located at 29477 Seven Mile Road, Livonia, Michigan, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #186-91 RESOLVED, that having considered a communication from the City Planning Commission dated February 7, 1991 , which transmits its resolution 2-24-91 adopted on February 5, 1991 with regard to Petition 91-1-8-1 submitted by Kamp DiComo Associates, requesting site plan approval in connection with a proposal to construct a new office building on the east side of Newburgh between Six Mile Road and Vargo in Section 8, pursuant to the provisions set forth in Section 18.47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 91-1-8-1 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Ochala, seconded by Councilwoman Toy, tor and unanimously adopted, it was 26346 #187-91 RESOLVED, that having considered the report and N�- recommendation of the Mayor and Director of Administrative Services dated February 20, 1991 , which bears the signature of the Finance Director and to which is attached a report and recommendation from the Code Enforcement Officer and the Director of Building Inspection dated February 12, 1991 , the Council does hereby authorize the purchase and installation of Steelcase Context Furniture per attached specifications by Contract Interiors/Carson, 10 Oak Hollow, Southfield, Michigan 48034, for the price of $15,995.00; FURTHER, the Council does hereby authorize the installation of a new partition and the relocation of an existing wall , as per attached specifications by Spec/Tech Solutions, 10 Oak Hollow, Southfield, Michigan 48034, for a total price of $4,300,00; and the Council does hereby authorize the said items without competitive bidding in accordance with Section 3.04.l4OD5 of the Livonia Code of Ordinances, as dmended. On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #188-91 RESOLVED, that having considered the report and recommendation of the Mayor and the Director of Administrative Services dated February 20, 1991 , which bears the signature thim ' 'of the Finance DireCtnr and to which is attached a reoorand recommendation from thu C0dS EnforcgmeOt Dff�cer and thS Director of Building Inspection dated February 12, 1991 , with regard to noise level problems incurred by City Hall personnel on the fourth and fifth floors, the Council does hereby refer this subject to the Capital Improvement Committee for its report and recommendation. On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #189-91 WHEREAS, there exists in and for the City an imperative need to acquire, construct, furnish and equip additions, improvements and renovations to the City's existing Court Facilities, together with site improvements and all appurtenances and attachments therefor ("Court Improvements") , and WHEREAS, this City Council has determined, and does hereby reaffirm, that it is necessary for the public health, Safety and welfare of the City to acquire the Court Improvements for the use of the City; and WHEREAS, Act 31 , Public Acts of Michigan, 1948 (First � Extra Session) , as amended, provides through the procedures - of building authority financing a means for the acquisition, construction and financing of the Court Improvements, and 26347 lbwWHEREAS, the City, in accordance with the provisions of said Act 31 , as amended, has previously adopted Articles of Incorporation and has established the Municipal Building Authority of Livonia (the "Authority") , with full powers to acquire, construct and equip the Court improvements, and WHEREAS, this City Council determines it to be in the best interest of the City to acquire, construct and finance the Court Improvements through the Authority in accordance with the provisions of said Act 31 , as amended, and WHEREAS, a Contract between the City and the Authority providing for the acquisition, construction, furnishing, equipping and financing of the Court Improvements and such matters as are deemed necessary thereto is in the process of being prepared, and WHEREAS, this City Council is desirous of publishing a Notice of Intention of Entering into Contract of Lease so as to begin the statutory referendum period NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Council hereby determine it to be necessary for the public health, safety and welfare of the City to acquire and construct the Court Improvements for the use of the City 2 This City Council deems it to be in the best interest of the City to finance the cost of the Court Improvements through the Authority in accordance with the provisions of the aforesaid Act 31 , as amended, which cost is not expected to exceed Seven Hundred Fifty Thousand ($750,000) Dollars 3 The Notice of Intention of Entering into Contract of Lease as hereto attached shall be published in the Observer-Eccentric, a newspaper of general circulation in the City, promptly upon adoption of this resolution, said Notice to appear as a display advertisement at least one-quarter (1/4) page in size 4 The City Council does hereby determine that the designated newspaper is the newspaper circulating in the City which reaches the largest number of persons to whom the aforesaid Notice is directed and that publication of the aforesaid notice in the designated newspaper represents the most practical and feasible means of informing the taxpayers and electors of the City of the Court Improvements and the financing thereof A copy of the Contract shall be placed on file in the office of the City Clerk and shall be available for public examination immediately upon its adoption by this City Council and in no event later than 30 days from the date of publication of said Notice of Intent 26348 5. All resolutions and parts of resolutions insofar L as the same conflict with the provisions of this resolution be and the same hereby are rescinded. On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was 1190-91 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, has authorized the publication of a Notice of Intent in connection with the issuance and sale by the Municipal Building Authority of Livonia of the Authority' s Building Authority Bonds, Series 1991 pursuant to Act 31 , Public Acts of Michigan, 1948 (First Extra Session) , as amended, in an amount of not to exceed Seven Hundred Fifty Thousand Dollars (t750,000) , for the purpose of acquiring, constructing, furnishing and equipping additions, improvements and renovations to the existing District Court Facility, together with all site improvements and appurtenances and attachments therefor ("Court Facilities") in the City, and WHEREAS, prior to issuance of bonds the Authority and/or the City must either receive prior approval of the bonds from the Michigan Department of Treasury or be exempt from prior approval as provided in Chapter III , Section II of Act 202, LPVb7fc Acts of Michigan, 1943, as amended, and WHEREAS, in order to be exempt from prior approval , the Authority must notify the Department of Treasury of its intent to issue the bonds and must agree to pay the filing fees required by the aforesaid Act NOW, THEREFORE, BE IT RESOLVED THAT 1 . The City Clerk and Finance Director are each authorized to notify the Department of Treasury of the Authority' s intent to issue the bonds described in the preamble to this resolution and request an order providing an exception for the bonds from prior approval by the Department of Treasury 2. The Authority has already agreed to pay to the state the filing fees prescribed by law in connection with the issuance of an obligation with respect to the bonds described in the preamble to this resolution 3 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. 26349 On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #191-91 WHEREAS, there exists in and for the City an imperative need to acquire, construct, furnish and equip fire station improvements, together with site improvements and all appurtenances and attachments therefor ("Fire Improvements") , and WHEREAS, this City Council has determined, and does hereby reaffirm, that it is necessary for the public health, safety and welfare of the City to acquire the Fire Improvements for the use of the City, and WHEREAS, Act 31 , Public Acts of Michigan, 1948 (First Extra Session) , as amended, provides through the procedures of building authority financing a means for the acquisition, construction and financing of the Fire Improvements, and WHEREAS, the City, in accordance with the provisions of said Act 31 , as amended, has previously adopted Articles of Incorporation and has established the Municipal Building Authority of Livonia (the "Authority") , with full powers to acquire, construct and equip the Fire Improvements, and WHEREAS, this City Council determines it to be in the best interest of the City to acquire, construct and finance the Fire Improvements through the Authority in accordance with the provisions of said Act 31 , as amended, and WHEREAS, a Contract between the City and the Authority providing for the acquisition, construction, furnishing, equipping and financing of the Fire Improvements and such matters as are deemed necessary thereto is in the process of being prepared, and WHEREAS, this City Council is desirous of publishing a Notice of Intention of Entering into Contract of Lease so as to begin the statutory referendum period NOW, THEREFORE, BE IT RESOLVED THAT 1 . The City Council hereby determines it to be necessary for the public health, safety and welfare of the City to acquire and construct the Fire Improvements for the use of the City 2 This City Council deems it to be in the best interest of the City to finance the cost of the Fire Improvements through 11010 the Authority in accordance with the provisions of the aforesaid Act 31 , as amended which cost is not expected to exceed One Million Five Hundred Thousand ($1 ,500,000) Dollars 26350 L 3 The Notice of IOteOtinO Of Enterfn into CPDtraCt �of Lease as hereto attached shall be published in the Observer-Eccentric, a newspaper of general circulation in the City, promptly upon adoption of this resolution, said Notice to appear as a display advertisement at least one-quarter (1/4) page in size. 4. The City Council does hereby determine that the designated newspaper is the newspaper circulating in the City which reaches the largest number of persons to whom the aforesaid Notice is directed and that publication of the aforesaid Notice in the designated newspaper represents the most practical and feasible means of informing the taxpayers and electors of the City of Fire Improvements and the financing thereof A copy of the Contract shall be placed on file in the office of the City Clerk and shall be available for public examination immediately upon its adoption by this City Council and in no event later than 30 days from the date of publication of said Notice of Intent 5. All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded. �—' On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #192-91 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, has authorized the publication of a Notice of Intent in connection with the issuance and sale by the Municipal Building Authority of Livonia of the Authority' s Building Authority Bonds, Series 1991 pursuant to Act 31 , Public Acts of Michigan, 1948 (First Extra Session) , as amended, in an amount of not to exceed One Million Five Hundred Thousand Dollars /$1 ,500,000l , for the purpose of acquiring, constructing, furnishing and equipping fire station improvements, together with all site improvements and appurtenances and attachments therefor in the City, and WHEREAS, prior to issuance of bonds the Authority and/or the City must either receive prior approval of the bonds from the Michigan Department of Treasury or be exempt from prior approval as provided in Chapter III , Section II of Act 202, Public Acts of Michigan, 1943, as amended, and WHEREAS, in order to be exempt from prior approval , the Authority must notify the Department of Treasury of its intent to issue the bonds and must agree to pay the filing fees 26351 NOW, THEREFORE, BE IT RESOLVED THAT: 1 . The City Clerk and Finance Director are each authorized to notify the Department of Treasury of the Authority' s intent to issue the bonds described in the preamble to this resolution and request an order providing an exception for the bonds from prior approval by the Department of Treasury. 2. The Authority has already agreed to pay to the state the filing fees prescribed by law in connection with the issuance of an obligation with respect to the bonds described in the preamble to this resolution. 3. All resolutions and parts of resolutions insofar as they conflcit with the provisions of this resolution by and the same hereby are rescinded. On a motion by Councilman Feenstra , seconded by Councilman Ochala, and unanimously adopted, it was #193-91 WHEREAS, the City Council of the City intends to authorize the issuance of special assessment bonds for the purpose of defraying part of various special assessment districts' share of the cost in connection with certain public improvements in the City; AND WHEREAS, notice of intent to issue bonds must be published at least forty-five (45) days before the issuance of the same in order to comply with the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended , NOW, THEREFORE, BE IT RESOLVED THAT. 1 . The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in the Observer-Eccentric, a newspaper of general circulation in the City, as a display advertisement at least one-quarter page in size. 2. Said notice of intent so published shall be in substantially the following form. OFFICIAL NOTICE TO ELECTORS AND TAXPAYERS OF THE CITY OF LIVONIA OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON 26352 PLEASE TAKE NOTICE that the City Council of the City of Livonia, County of Wayne, Michigan, intends to issue special assessment bonds of the City, in total principal amount of not to exceed $2 , 000, 000, for the purpose of defraying part of various special assessment districts ' share of the cost of street and related improvements in the City. Said bonds shall mature serially in not to exceed twenty (20) annual installments with interest payable on the unpaid balance at a rate of not to exceed 10% per annum or such higher rate as may be permitted by law. SOURCE OF PAYMENT OF BONDS THE PRINCIPAL AND INTEREST OF THE SPECIAL ASSESSMENT BONDS shall be payable primarily from collections of an equal amount of special assessments and the bonds shall also pledge the limited tax full faith and credit of the City of Livonia. IN CASE OF THE INSUFFICIENCY OF THE SPECIAL ASSESSMENTS, THE PRINCIPAL AND INTEREST ON SAID BONDS SHALL BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY LAWFULLY AVAILABLE FOR SUCH PURPOSE. RIGHT OF REFERENDUM THE BONDS will be issued without vote of the electors unless a PETITION requesting an election on the question of issuing the bonds, signed by not less than 10% OF THE REGISTERED ELECTORS in the City is filed with the City by depositing the same with the City Clerk WITHIN FORTY-FIVE (45) DAYS after publication of this notice. If such a petition is filed, the bonds cannot be issued without an approving vote by a majority of electors voting on the question THIS NOTICE is given pursuant to the requirements of Section 5 (g) of Act 279, Public Acts of Michigan, 1909 , as amended. Further information concerning the matters set out in this notice may be secured from the City Clerk ' s office. Robert F. Nash City Clerk 3. The City Council does hereby determine that the foregoing form of notice of intent to issue bonds and the manner of publication directed is adequate notice to the electors and taxpayers of the City and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bond issue, the security for the bonds and the right of referendum of the electors with respect thereto under all of the circumstances, and that the provision of forty-five (45) days within which to file a referendum petition is necessary and adequate to insure that the City' s electors may exercise their right of referendum with respect to the bonds. 26353 1104. All resolutions and part of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #194-91 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan (the "City") , intends to authorize the issuance and sale of 1991 Special Assessment Limited Tax Bonds pursuant to Act 279, Public Acts of Michigan, 1909, as amended, in an amount of not to exceed Two Million Dollars ($2,000,000), and General Obligation Unlimited Tax Bonds, Series 1991 pursuant to Act 279, Public Acts of Michigan, 1909, as amended in an amount not to exceed Four Million Dollars ($4,000,000) both for the purpose of defraying all or any part of the costs of acquiring and constructing various public improvements in the City, and WHEREAS, prior to issuance of both issues of the bonds the City must either receive prior approval of the bonds from the Michigan Department of Treasury or be exempt from prior 110 approval as provided in Chapter III , Section II of Act 202, Public Acts of Michigan, 1943, as amended, and WHEREAS, in order to be exempt from prior approval , the City must notify the Department of Treasury of its intent to issue both issues of the bonds and must agree to pay the filing fees required by the aforesaid Act, NOW, THEREFORE, BE IT RESOLVED THAT. 1 . The City Clerk and the Finance Director are each authorized to notify the Department of Treasury of the City's intent to issue both issues of the bonds described in the preamble to this resolution and request orders providing an exception for both issues of the bonds from prior approval by the Department of Treasury 2. The City agrees to pay to the state the filing fees prescribed by law in connection with the issuance of an obligation with respect to both issues of the bonds described in the preamble to this resolution 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution by and the same hereby are rescinded 100 On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was 26354 11100 #195-91 RESOLVED, that having considered a communication from the Council President dated February 19, 1991 with regard to Civic Center Senior Citizen parking and the need, if any, to provide for additional handicapped parking spaces, and having also considered the report and recommendation of the Mayor, dated March 6, 1991 , the Council does hereby determine to take no further action. On a motion by Councilman Taylor, seconded by Councilman Bishop, it was #196-91 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 355 for a street improvement consisting of the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) on Floral and Lathers located in the Southeast 1/4 of Section 12, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, February 27, 1991 , at 7 30 p m at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No. 355, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated December 7, 1989, in the amount of $118,370 00, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council , (2) Said Special Assessment Roll No 355 is hereby approved and confirmed in all respects, effective January 1 , 1991 , (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance 26355 IL of the assessment from December 1 , 1991 . Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1 , 1991 and subsequent installments on December 1st of succeeding years. (4) Pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08.190 Any property lio owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1 , 1991 , (5) The first installment shall be spread upon the 1992 City tax roll in the manner required by Section 3.08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1991 , and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) years interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3.08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08 220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 15% of the paving costs ($21 ,284 12) and 100% of drainage costs ($11 ,500.00) for a total amount of $32,784.12 A roll call vote was taken on the foregoing resolution with the following result ILm AYES• Toy, Bishop, Taylor and Jurcisin. 26356 NAYS: Ochala and Feenstra. The Vice President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #197-91 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 356 for a street improvement consisting of the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) on Hoy and Melvin located in the Northeast 1/4 of Section 23, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, February 27, 1991 , at 7 30 p m at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No. 356, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated December 7, 1990, in the amount of $39,116 00, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council ; (2) Said Special Assessment Roll No. 356 is hereby approved and confirmed in all respects, effective January 1 , 1991 , (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from December 1 , 1991 . Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation low of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be not more than 1% above the average rate of interest 26357 Ims borne by said bonds In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1 , 1991 and subsequent installments on December 1st of succeeding years. (4) Pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08.190. Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1 , 1991 , (5) The first installment shall be spread upon the 1992 City tax roll in the manner required by Section 3 08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1991 , and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) years interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08.200, or after the expiration of the sixty (60) day period as provided by Section 3.08.220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay for 152 feet of paving ($2,128.00) , 15% of the paving costs ($7,278.35) and 100% of drainage costs ($3,450 00) for a total amount of $12,856.35 On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 1198-91 RESOLVED, that having considered a communication from the City Planning Commission, dated December 18, 1990, which sets forth its resolution 12-502-90 adopted on December 11 , 26358 1990, with regard to Petition 90-11-1-29, submitted by Carolyn Fullwood for a change of zoning on property located on the northwest corner of Middlebelt and Munger in the Northeast 1/4 of Section 14, from O.S. to C-1 , and the Council having conducted a public hearing with regard to this matter on February 27, 1991 , pursuant to Council Resolution 21-91 , the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-11-1-29 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission, as well as for the reason that Munger Road has an Alternate IV improvement and was not designed to carry commercial traffic. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #199-91 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated February 14, 1991 , approved for submission by the Mayor and the Finance Director, the Council does for and on behalf of the City of Livonia accept the following donations from the Friends of Livonia Parks and Recreation' 1 Scoreboard for diamond #2 at Ford Field valued at $2,500 00 installed, and 2 Landscape materials installed in the Spring and Fall of 1990 at Fox Creek Golf Course valued at $3,000.00 On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 1200-91 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated February 19, 1991 , approved for submission by the Mayor and Finance Director, the Council does for and on behalf of the City of Livonia accept the donation of a picnic shelter from Tom Celani , Action Distributing Co , to be installed at the Ben Celani Recreation Area at the E.H. McNamara-Bicentennial Park, valued at $14,000.00 On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was 26359 #201-91 RESOLVED, that having considered a communication from the Director of Community Resources, the President of the Senior Citizen Achievement Needs and the Treasurer of the Senior Citizen Achievement Needs dated February 12, 1991 , 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 a 1990, 16 passenger Ford Mini-Bus valued at $30,234.00 from S.C.A.N , which Mini-Bus is to be used in the Senior Citizen Transportation Program. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #202-91 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda On a motion by Councilman Feenstra, seconded by Councilman Bishop, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 4, 1991 and submitted pursuant to Council Resolution 587-90 in connection with a communication from the City Planning Commission dated April 3, 1990, which sets forth its resolution 3-316-90 adopted on March 27, 1990, with regard to Petition 90-2-1-4, submitted by Frank Jonna for Pentagon Properties, for a change of zoning on property located on the east side of Haggerty Road north of Seven Mile Road in the Southwest 1/4 of Section 6 from P 0 and M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on May 30, 1990, pursuant to Council Resolution 406-90, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 90-2-1-4 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Taylor and Feenstra NAYS• Toy, Ochala and Jurcisin The Vice President declared the resolution denied 26360 On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #203-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 4, 1991 and submitted pursuant to Council Resolution 587-90 in connection with a communication from the City Planning Commission dated April 3, 1990, which sets forth its resolution 3-316-90 adopted on March 27, 1990, with regard to Petition 90-2-1-4, submitted by Frank Jonna for Pentagon Properties, for a change of zoning on property located on the east side of Haggerty Road north of Seven Mile Road in the Southwest 1/4 of Section 6 from P.O. and M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on May 30, 1990, pursuant to Council Resolution 406-90, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-2-1-4 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission On a motion by Councilman Ochala, seconded by Councilwoman Toy, 16, it was #204-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 4, 1991 and submitted pursuant to Council Resolution 28-91 , in connection with a communication from the City Planning Commission dated December 20, 1990, which transmits its resolution 12-515-90, adopted on December 18, 1990 with regard to a Sign Permit Application submitted by Detroit-Detroit Inc. on behalf of Livonia Travel requesting approval for two awning signs to be located at 29225 W Seven Mile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission, as well as the additional condition that the wrap-around portion of the awning shall be approximately 14 feet in length and shall extend only to the end of the current sign A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, Ochala and Jurcisin NAYS Taylor and Feenstra. The Vice President declared the resolution adopted 26361 16 On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted*, it was #205-91 RESOLVED, that having considered a communication from the Mayor dated March 4, 1991 , wherein it is requested that greens fees be waived with respect to the proposed golf tournament to be held at Whispering Willows Golf Course on July 31 , 1991 by the Livonia Cultural League, the Council does hereby approve and grant this request in the manner and form herein submitted. *Councilman Bishop abstained from voting which is recorded as a "yes" vote. On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #206-91 RESOLVED, that having considered a communication from Councilman Fernon P Feenstra where it is suggested that Cathedral between Gillman and Deering be vacated, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #207-91 RESOLVED, that having considered a communication from Councilman Fernon P Feenstra with regard to numerous complaints as to congestion and installation of one-way signage on Cathedral between Gillman and Deering in front of the Cleveland Elementary School , the Council does hereby refer this item to the Livonia City Council/Schools Liaison Committee and to the Streets, Roads and Plats Committee for their respective reports and recommendations On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, this 1 ,196th Regular Meeting of the Council of the City of Livonia was adjourned at 9 55 P M , March 6, 1991 ...,11:74,144t/5Alltg% Robert F Nash, City Clerk