Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1989-04-12 24900 ibeMINUTES OF THE ONE THOUSAND ONE HUNDRED AND FIFTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 12, 1989, the above meeting was held at the City Hall , 33000 C4vic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 00 P M Councilman Taylor delivered the invocation Roll was called with the following result Present Fernon P Feenstra, Laura Toy, Robert R Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin, Absent None Elected and appointed officials present Harry Tatigian, City Attorney, Robert F Nash, City Clerk, Robert D Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs , David Preston, Finance Director, Ron Reinke, Superintendent of Parks and Recreation , William Crayk, Chief of Police, Edith Davis, Personnel Director, Suzanne Wisler, Director of Community Resources , Ray Pomerville, Labor Relations Director, James Inglis, Housing Director, John Fegan, Director of Building Inspection, George Sills, Superintendent of Public Service Division and William LaPine, Planning Commission On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #284-89 RESOLVED, that the minutes of the 1 ,149th Regular Meeting of the Council of the City of Livonia, held March 22, 1989 are hereby approved The Council paused for a moment of silence in memory of Rosina Raymond, Schoolcraft College Trustee, Vice President of the Livonia Municipal Library Commission and longtime community activist in education as well as social issues LA communication from the Finance Director, dated March 20, 1989 forwarding various financial statements of the City of Livonia for the month ending February 28, 1989 was received and placed on file for the information of the Council 24901 On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was #285-89 RESOLVED, that having considered a letter from the Interim Rector of St Andrew' s Episcopal Church, 16360 Hubbard Road, Livonia, Michigan 48154, dated March 13, 1989, regarding an All-Parish Rummage/Garage Sale to be conducted on Friday, April 21 and Saturday, April 22, 1989, and wherein permission is requested to place signs announcing the sale on those two days which are to be double-sided 4 x 5 foot boards to be located at the northeast corner of Hubbard and Five Mile Road and the northeast corner of Hubbard and Six Mile Road, the Council does hereby approve and grant this request in the manner and form herein submitted #286-89 RESOLVED, that having considered a communication from the Chairman of the Gift Shop Committee of the Friends of the Livonia Public Library, dated March 13, 1989, to which is attached a recommendation regarding the room layout and equipment required for a Friends Room at the Civic Center Library, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation #287-89 RESOLVED, that having considered a letter which bears the signatures of certain residents of Hillcrest Avenue, dated March 14, 1989, wherein a request is submitted for a road improvement of Hillcrest Avenue from Seven Mile Road to St Martins, the Council does hereby refer this item to the Engineering Department for its report and recommendation A communication from the Executive Director of the Community Commission on Drug Abuse, dated March 8, 1989 forwarding the audited statements of the Commission Commission for calendar year 1988 was received and placed on file for the information of the Council #288-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 6, 1989, approved by the Director of Finance and approved for submission by the Mayor, and the attached final estimate dated March 6, 1989, the Council does hereby authorize final payment in the amount of $3,383 20 to Westland Tree Service, 41307 Five Mile Road, Plymouth, Michigan 48170, which sum includes the full and complete balance due on a contract dated January 25, 1989, in the amount of $14,350 00, the actual contract amount completed to date being $16,844 70, in connection with the 1989 Tree and Stump Removal Program, it appearing from the 24902 aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor' s affidavit has been filed #289-89 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 21 , 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2846 3/89, the Council does hereby accept the offer of Pitometer Associates, 2 North Riverside Plaza, Chicago, Illinois 60606, to perform testing and repairing of large commercial water meters at the unit prices bid in its letter of April 13, 1987, for all meter sizes requested for the period through December 31 , 1989, for a price not to exceed $15,375 00, further, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #290-89 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 29, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the purchase of four 1989 Dodge Dakota pickups from Van Dyke Dodge Inc , 28400 Van Dyke, Warren, Michigan 48093, for a total price of $33,351 92, the same to be appropriated and expended from the Unexpended Fund Balance Account for this purpose, 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 140D5 of the Livonia Code of Ordinances, as amended #291-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 29, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Independent Energy Co , P 0 Box 957, Elyria, Ohio 44036, for supplying the Public Service Division (Equipment Maintenance Section) with motor oil and hydraulic oil items specified at the unit prices bid through May 1 , 1990, for the total estimated amount of $5,241 00, the same having been in fact the lowest bid received and meets all specifications #292-89 RESOLVED, that having considered the report and recommendation of the Building Inspection Director, dated March 10, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Stanson Wrecking Company, 6855 Haggerty Road, Belleville, Michigan 48111 , to demolish and remove the 24903 structure located at 36434 Seven Mile Road, for the price of $4,287 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 a sum of $4,287 00 from the Municipal Refuse Account for this purpose #293-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 13, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby reject all bids received for the purchase and installation of an uninterruptible power supply system for the Police Department computers, further, the Council does hereby authorize the taking of new bids in accordance with provisions of law and City ordinance with respect to this item, the action herein being taken for the reasons indicated in the aforesaid communication #294-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 20, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of the following equipment for the Division of Police Item Quantity Unit Cost Total Cost Sig Sauer P226 semi- 1 $3,750 00 $3,750.00 automatic pistol retrofitted with laser device 9mm automatic plastic 2,000 $47 50 per $ 190 00 shells (unprimed) 500 9mm automatic primers 10,000 $25 00 per $ 250 00 Winchester 209 1 ,000 Total $4,190 00 from F ATS , Firearm Training Systems, Inc , 110 Technology Parkway, Norcross, Virginia 30092, and the Council does hereby appropriate and authorize the expenditure of a sum of $4,190 00 from Act 302 Sixty Percent Funds for this purpose, further, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #295-89 RESOLVED, that having considered a report and recommendation of the Chief of Police, dated March 20, 1989, which bears the signature of the Finance Director and is approved ibm for submission by the Mayor, the Council does hereby accept for and on behalf of the City of Livonia, cash donations in a total amount of $5,756 64 from the sources indicated in the 24904 aforesaid communication, the same to be deposited in Account No 702-000-285-211 for use in the DAR E Program #296-89 RESOLVED, that having considered a communication from the Historical Commission, dated March 27, 1989, approved by the Finance Director and approved for submission by the Mayor, with regard to a request from the Great Lakes Classic AMX Club to conduct a car show at Greenmead on Sunday, August 20, 1989, the Council does hereby approve and authorize the following a A $2 00 admission fee to the show area and museum, b A $5 00 booth fee for car vendors, c A $50 00 booth fee for the food vendor, and d A waiver of the $1 00 transient merchants license #297-89 RESOLVED, that having considered a letter from the Heritage Fair Committee of the Livonia Historical Society, dated March 20, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby waive the transient merchants license fee requirement for crafters who are participating in the Annual Heritage Fair to be conducted at Greenmead on Sunday, June 4, 1989 #298-89 RESOLVED, that having considered the report and recommendation of the Historical Commission, dated March 27, 1989, approved by the Finance Director and approved for submission by the Mayor, with regard to the Americana Craft Show to be conducted at Greenmead on Saturday, August 26 and Sunday, August 27, 1989, the Council does hereby authorize charging a $35 00 fee for each craft booth space and does further waive the $1 00 transient merchants license requirement for participants #299-89 RESOLVED, that having considered a communication from the Director of Finance, dated March 29, 1989, approved for submission by the Mayor, to which is attached a certified audit report for the City of Livonia for the fiscal year ending November 30, 1988, which was completed by Plante & Moran, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation A communication from the City Engineer, dated March 9, 1989 re Council Resolution 169-89 -- Detroit Edison power outages in Section 31 was received and placed on file for the information of the Council #300-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with regard to the improvement of Auburndale, Five Mile to Myrna (S A D 305) , the Council does hereby determine as follows 24905 a To authorize a reduction in the total assessments as set forth in the confirmed assessment roll for S A D 305 from $49,013 92 to $45,968 92 with the assessments to remain at the assessment rate of $12 70 p f f , b To establish the final project cost at $55,849 65, of this total , $48,247 77 is to be charged to the special assessment district and $7,601 88 is to be assumed by the City' s Michigan Transportation Fund receipts, c To authorize the City Assessor to increase the assessment for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, and d To authorize the expenditure in the amount of $55,849 65 from the $7 9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($48,247 77) and the next Michigan Transportation Fund (M T F ) receipts ($7,601 88) #301-89 RESOLVED, that having considered the report and imp recommendation of the City Engineer, dated March 16, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with regard to the improvement of Raleigh, Parkdale and Van Court in the Northwest 1/4 of Section 32 (S A D 306) , the Council does hereby determine as follows a To authorize a reduction in the total assessments as set forth in the confirmed assessment roll for S A D 306 from $67,011 00 to $61 ,351 95 with the assessments to remain at the assessment rate of $39 00 p f f for the Alternate III pavement and remain at $12 30 for the Alternate IV pavement, b To establish the final project cost at $99,268 16, of this total , $63,495 11 is to be charged to the special assessment district and $35,773 05 is to be assumed by the City' s Michigan Transportation Fund receipts , c To authorize the City Assessor to increase the assessment for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, and d To authorize the expenditure in the amount of $99,268 16 from the $7 9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be 24906 reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($63,495 11 ) and the next Michigan Transportation Fund (M T F ) receipts ($35,773 05) #302-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with regard to the improvement of Jarvis, South of Plymouth Road (S A D 307) , the Council does hereby determine as follows a To authorize a reduction in the total assessments as set forth in the confirmed assessment roll for S A D 307 from $22,891 46 to $21,841 46 with the assessments to remain at the assessment rate of $12 70 p f f , b To establish the final project cost at $26,169 41 , of this total , $22,809 58 is to be charged to the special assessment district and $3,359 83 is to be assumed by the City' s Michigan Transportation Fund receipts, c To authorize the City Assessor to increase the assessment for parcels listed in Attachment III so as to include iip the cost of additional work requested by property owners within the assessment district, and d To authorize the expenditure in the amount of $26,169 41 from the $7 9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($22,809 58) and the next Michigan Transportation Fund (M T F ) receipts ($3,359 83) #303-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 17, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with regard to the improvement of the Seven Mile Super Highway Subdivision (S A D 303) , the Council does hereby determine as follows a To authorize reducing the assessments for the Alternate IV as set forth in the confirmed assessment roll for S A D 303, the revised assessments to be based upon an assessment rate of $11 20 p f f rather than $12 00 p f f and to keep the assessment rate for Alternate II at $47 00 p f f , 24907 To establish the final project cost at $427,592 60, - Lb of thi5 tOtal , �244,9l3 O5 is tO b2 chdrged tO the specidl assessment district and 5182,678 75 is to be assumed by the City' s Michigan Transportation Fund receipts, c To authorize the City Assessor to increase the assessment for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, and d To authorize the expenditure in the amount of $427,592 60 from the $7 9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue and the next Michigan Transportation Fund (M T F ) receipts. A communication from the Chairman of the City Planning Commission, dated March 9, 1989 re Council Resolution 115-89 - report and recommendation on the possible change of the Master Thoroughfare Plan re designation of Hubbard Road from Schoolcraft Road to Six Mile Road was received and placed on file for the information of the Council #304-89 RESOLVED, that having considered a communication from the Planning Commission, dated March 9, 1989' and submitted pursuant to Council Resolution 115-99 in connection with the designation of Hubbard Road from Schoolcraft Road to Six Mile Road, and more particularly whether the same should be changed from a collector road to a local road, the Council does hereby refer this subject to the Committee of the Whole for its report and recommendation A communication from the Secretary of the City Planning Commission, dated February 17, 1989 re Petition 88-12~7-3 amending Part VII of the Master Plan, the Future Land Use Plan was received and placed on file for the information of the Council A communication from the Director of the Livonia Housing Commission, dated March 14, 1989 re Livonia Housing Commission Financial Statements was received and placed on file for the information of the Council 24908 #305-89 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 10, 1989, approved by the Finance Director and the City Engineer and approved for submission by the Mayor Pro Tem, and to which is attached a proposed agreement between Spalding DeDecker & Associates, Inc and the City of Livonia for the purpose of having the said firm provide construction engineering services in connection with the Newburgh Road Pavement and Bridge Widening Project, Plymouth Road to Ann Arbor Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution A communication from the City Attorney, dated March 9, 1989 re Newburgh Road right-of-way acquisition costs was received and placed on file for the information of the Council #306-89 RESOLVED, that having considered a letter from Lionel E LaMay, President of the Riverside Arena Roller Rink, 36635 Plymouth Road, Livonia, Michigan 48150, dated March 27, 1989, expressing an interest in the acquisition of certain City-owned property located on Plymouth Road in return for the conveyance of certain right-of-way and a reasonable cash payment, the Council does hereby refer this item to the Department of Law for its report and recommendation #307-89 RESOLVED, that having considered a communication from the Cable Television Commission, dated March 27, 1989, approved by the Director of Community Resources and approved for submission by the Mayor, and which transmits its resolution 128-89, wherein it is recommended that MetroVision be authorized to purchase equipment as set forth in the attachment for community and municipal access use in an amount not to exceed $62,638 00, the Council does hereby concur in and approve this request in the manner and form herein submitted #308-89 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 27, 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2843 3/89, the Council does hereby accept the unit price bid of Troelsen Excavating Company, 1395 Rochester Road, Troy, Michigan 48084, for completing all work in connection with the construction of three pressure reducing valves and vaults located at Merriman and Eight Mile Road, Middlebelt and Eight Mile Road, and Penn Drive located lis in Quakertown Subdivision, including Alternate No 1 specified in the proposal for the estimated total cost of $95,222 50, based upon the Public Service Division ' s estimate of units involved and subject to a final payment based upon the actual 24909 units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Council does hereby appropriate a sum not to exceed $95,222 50 from the Unexpended Fund Balance Account of the Water Fund, further, the Council does hereby direct the Engineering Department to provide contract administration and inspection of this project, and the City Engineer is hereby authorized to approve any minor adjustments in the work as 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 #309-89 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 31 , 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits a recommendation of the Solid Waste Management Committee for the employment of a Public Opinion Research Consultant to conduct a trash disposal survey, the Council does hereby refer this item to the Solid Waste Disposal Study Committee for its report and recommendation #310-89 RESOLVED, that having considered a communication from the Personnel Director and the Director of Labor Relations, Impdated April 3, 1989, which transmits a resolution adopted by the Civil Service Commission on March 16, 1989, regarding salary adjustments and benefits for the classifications of Police Chief, Fire Chief and Deputy Police Chief for the period December 1 , 1988 through November 30, 1991 , and having also considered a letter from the Mayor, dated April 3, 1989, with regard to the position of Director of Labor Relations, the Council does hereby refer these items to the Committee of the Whole for its report and recommendation #311-89 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584) , as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, May 22, 1989, at 8 00 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items Petition 88-12-1-39, submitted by John Mahn, for a change of zoning on property located on the east side of Wayne Road, south of Ann Arbor Trail in the Southwest 1/4 of Section 33, from R-1 to C-2, the City Planning Commission in its resolution 2-31-89 having recommended to the City Council that Petition 88-12-1-39 be denied, 24910 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution #312-89 RESOLVED, that having considered a communication dated March 24, 1989, from Michael C DeLaere on behalf of Cinemark Corporation which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on March 20, 1989, by the City Planning Commission in its resolution 3-54-89, with regard to Petition 89-2-8-7, submitted by Michael C DeLaere, requesting approval of all plans in connection with a proposal to construct an addition to an existing theater located on the north side of Plymouth Road between Sears Drive and Tech Center Drive in the Southwest 1/4 of Section 26, the Council does hereby designate Monday, May 22, 1989 at 8 00 P M as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and the City Clerk is hereby requested to do all things 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 #313-89 WHEREAS, pursuant to the direction of the City Council in its resolution 136-89, adopted on February 6, 1989, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of March 7, 1989, an assessment roll dated March 7, 1989, for the proposed street improvement consisting of a 28 ft wide full-depth asphalt pavement (approximately 7 1/2" thick) with mountable asphalt curbs (Alternate III) , on Foch, Clarita, Pickford and Goff, located in the East 1/2 of the Northeast 1/4 of Section 12, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 136-89 24911 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council , that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, on Monday May 15, 1989, at 7 00 P M , to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of April 3, 1989, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor' s office A roll call vote was taken on the foregoing resolutions with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was #314-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 5, 1989, and submitted pursuant to Council Resolution 1056-88, in connection with the report and recommendation of the Director of Finance, dated October 6, 1988, approved for submission by the Mayor, regarding the use of general fund budgets for specific projects by the Historical Commission and the Historic Preservation Commission, and a letter from the Chairperson of the Historic Preservation Commission, dated January 18, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby reject and deny permission to transfer unused General Fund Budgets of the Historical Commission and Historic Preservation Commission into trust funds in the manner and form described herein LimA roll call vote was taken on the foregoing resolution with the following result 24912 160 AYES Taylor, Jurcisin, Toy, Bishop and McCotter NAYS Ochala and Feenstra The President declared the resolution adopted. On a motion by Councilman Jurcisin, seconded by Councilwoman McCotter, and unanimously adopted, it was #315-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 5, 1989, and submitted pursuant to Council Resolution 120-89, in connection with the report and recommendation of the Director of Finance, dated January 12, 1989, approved for submission by the Mayor, with regard to establishing a Tenant/User Insurance Program which would afford tenant/users of City facilities the ability to obtain insurance coverage in the manner detailed, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia, to execute a contract with the K and K Insurance Agency, Inc , 1712 Magnavox Way, P 0 Box 2338, Fort Wayne, Indiana 46801 , wherein users and Iwo lessees of City facilities will be provided the benefit of an alternative insurance policy for use in connection with City facilities , further, the Council does hereby authorize a $3,000 00 refundable deposit with this Company so that the said policy can take affect upon approval herein On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #316-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 5, 1989, and submitted pursuant to Council Resolution 130-89, in connection with a communication from the Department of Law, dated December 28, 1988, approved for submission by the Mayor, to which is attached a proposed Facility Use Policies and Procedures Manual , the Council does hereby approve the proposed Facility Use Policies and Procedures Manual in the manner and form herein submitted, such approval to include the attached fee schedule with the exception, however, that the fees set forth in Council Resolution 1055-88 shall , to the extent applicable, supersede those authorized herein On a motion by Councilman Bishop, seconded by Councilwoman Toy, Land unanimously adopted, it was 24913 1317-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 5, 1989, and submitted pursuant to Council Resolution 121-89 in connection with a communication from the City Treasurer, dated January 19, 1989, with regard to the proposed cancellation of certain 1980, 1981 and 1982 personal property taxes, the Council does hereby authorize the City Treasurer to petition the circuit court for the County of Wayne to cancel the said personal property taxes in accordance with provisions of State statute, and the Department of Law is hereby requested to institute the aforesaid litigation in the manner and form herein authorized On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #318-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 5, 1989, and submitted pursuant to Council Resolution 121-89 in connection with a communication from the City Treasurer, dated January 19, 1989, with regard to the proposed cancellation of certain 1980, 1981 and 1982 personal property taxes, the Council does hereby determine to keep this subject in the Committee of the Whole for further consideration Councilwoman McCotter took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 88-9-3-7) A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 7 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 24914 III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-10-1-30) A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, Ochala, Toy and Bishop NAYS Jurcisin, McCotter and Feenstra The President declared the foregoing Ordinance duly denied inasmuch as a protest, signed by owners of at least twenty (20) percent of the land included in the proposed zoning change, had been filed in a timely manner requiring a 3/4 affirmative vote by the Council pursuant to City Zoning Ordinance and State Law Councilman Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 3 OF THE ZONING 161, 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 88-7-1-19) A roll call vote was taken on the foregoing Ordinance with the following result AYES Jurcisin , Toy, Bishop and Feenstra NAYS Taylor, Ochala and McCotter The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Ochala took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 88-10-3-10) Ibli A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter 24915 ii• NAYS Feenstra The 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 VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 88-11-3-12) A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication imm Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 31 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 88-4-1-8) A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilwoman McCotter gave first reading to the following Ordinance Iwo AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND 24916 ibis 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 88-11-1-36) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances it the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council Councilman Taylcr gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 21 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 LVIONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-10-1-32) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances iiimin the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #319-89 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 29, 1989, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the purchase of four Buick Century four-door sedans from Tamaroff Buick Inc , 28585 Telegraph Road, Southfield, Michigan 48034, for a total price of $41 ,440 32, the same to be appropriated and expended from the Unexpended Fund Balance Account for this purpose, 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 iiim 3 04 14005 of the Livonia Code of Ordinances, as amended 24917 tio On a motion by Councilman Taylor, seconded by Councilman Bishop, it was #320-89 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated October 28, 1988 (reauthorized January 5, 1989) and the reports and recommendations of the Chief of Police dated March 10, 1989 and the City Treasurer, dated April 3, 1989, in connection with a request from John Kotsopodis and Christ Kotsopodis, partners, to transfer ownership, through Circuit Court Order, of a 1987 Class C licensed business with dance permit held in escrow from Browne Brothers, Inc , John Kotsopodis, temporary receiver, which business is located at 32826 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Bishop, McCotter and Feenstra NAYS Ochala, Jurcisin and Toy The President declared the resolution adopted ImoOn a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #321-89 RESOLVED, that having considered communications from the Mayor, dated March 22, 1989 and April 6, 1989, with regard to Project Concern ' s Walk for Mankind, as authorized in Council Resolution 204-89, and having also considered a letter from the Director of Finance, dated March 30, 1989, approved for submission by the Mayor, the Council does hereby determine to appropriate and authorize the expenditure of the sum of $1 ,323 00 from the Unexpended Fund Balance account to cover the cost of public safety assistance with respect to this activity, further, the Council does hereby authorize waiving the requirement for liability insurance, inasmuch as the City' s current policy will provide sufficient coverage On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was RESOLVED, that having considered a letter from The lim Hertz Corporation, dated March 9, 1989, wherein permission is requested for the use of Henry Ford Centennial Athletic Field 24918 to conduct a private car sale on Saturday, July 15, 1989, from � 9 00 A M to noon, said sale to be conducted in the south section 0L of the Eddie Edgar Arena parking lot, the Council does hereby grant and approve this request in the manner and form herein submitted, subject to providing a certificate of insurance in the amount of $1 ,000,000 that names the City as additional insured, the same to be approved as to form by the Department Of Law, further, that a fee of $500 00 shall be charged for this event. A roll call vote was taken on the foregoing resolution with the following result AYES Toy and McCotter NAYS Taylor, Ochala, Jurcisin, Bishop and Feenstra The President declared the resolution denied On a motion by Councilman Jurcisin, seconded by Councilman Bishop, it was #322-89 RESOLVED, that having considered a letter from The Hertz Corporation, dated March 9, 1989, wherein permission is requested for the use of Henry Ford Centennial Athletic Field � to conduct a private car sale on Saturday, July 15, 1989, from 9 00 A M to noon, said sale to be conducted in the south section of the Eddie Edgar Arena parking lot, the Council does hereby reject and deny this request A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin , Bishop and Feenstra NAYS Toy and McCotter The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #323-89 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 22, 1989, approved for submission by the Finance Director and the Mayor, and which transmits Parks and Recreation Commission resolution 2015-89 wherein it is recommended that permission be granted for the use of Ford Field by area sporting goods stores to sell baseball equipment during team photo sessions, UL such sales to be limited to Saturday, May 13, 1989 and Saturday, 24919 June 10, 1989 between the hours of 8 00 A M and 5 00 P M , the Council does hereby concur in and approve of this request in the manner and form herein submitted On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was #324-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 15, 1989, approved for submission by the Mayor, and submitted pursuant to Council Resolution 1170-88 in connection with a petition submitted by Earl and Mable Cox, 32650 Pembroke, Livonia, Michigan, wherein a request is submitted for additional street lighting at or near Jaycee Park, the Council does hereby authorize and request that the City Clerk make application to the Detroit Edison Company, on forms provided by such company, for increasing the wattage of two existing lights within the Jaycee Park from 100 to 250 watts, it being the determination of the Council that such lighting is required in order to further protect the safety of the residents of the community A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #325-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 20, 1989, which transmits its resolution 2-44-89, adopted on February 28, 1989, with regard to revised site plans submitted in connection with Petition 86-6-8-33, submitted by Chestnut Hills for the construction of a multi-use complex on the east side of Haggerty Road between Seven and Eight Mile Roads in Section 6, pursuant to the provisions set forth in Section 18 47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and the revised site plans for Petition 86-6-8-33 are 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 imiOn a motion by Councilwoman Toy, seconded by Councilwoman McCotter, it was 24920 #326-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 20, 1989, which transmits its resolution 2-45-89, adopted on February 28, 1989, with regard to revised sign plans for the Laurel Park Professional Center located on the south side of Six Mile Road between South Laurel Park Drive and Newburgh in the Northeast 1/4 of Section 18, the Council does hereby concur in the recommendation of the Planning Commission and approves the revised sign plans, subject to compliance with the same conditions as set forth in the aforesaid action of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was #327-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 20, 1989, which transmits its resolution 2-34-89, adopted on February 28, 1989, with regard to Petition 89-1-2-1 , submitted by Kirk' s Kwik Stop, Inc , requesting waiver use approval to utilize an SDD license in connection with an existing party store located on the southeast corner of Ann Arbor Road and Knolson Avenue in the Southwest 1/4 of Section 31 , which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Toy, McCotter and Feenstra NAYS Taylor, Jurcisin and Bishop The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Taylor, it was 24921 RESOLVED, that having considered a communication from imm the City Planning Commission, dated March 22, 1989, which transmits its resolution 3-46-89, adopted on March 14, 1989, with regard to Petition 89-1-2-2, submitted by the Rotary Club of Livonia, requesting waiver use approval to hold a fund-raising carnival at Ladbroke DRC located at the southeast corner of Schoolcraft Service Drive and Middlebelt Road in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby reject the recommendation made by the Planning Commission and Petition 89-1-2-2 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements set forth in Section 19 06 of the Zoning Ordinance 543 2 That the proposed use is incompatible to and not in harmony with the surrounding uses in the area 3 That traffic to and from the subject site will be such that it will unduly conflict with the normal traffic generated by adjacent and surrounding uses in the area On a motion by Councilwoman McCotter, seconded by Councilman Ochala, Lit was #328-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 22, 1989, which transmits its resolution 3-46-89, adopted on March 14, 1989, with regard to Petition 89-1-2-2, submitted by the Rotary Club of Livonia, requesting waiver use approval to hold a fund-raising carnival at Ladbroke DRC located at the southeast corner of Schoolcraft Service Drive and Middlebelt Road in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the referral resolution with the following result AYES Ochala, Jurcisin, McCotter and Feenstra NAYS Taylor, Toy and Bishop The President declared the resolution to refer adopted On a motion by Councilman Ochala, seconded by Councilman Taylor, lomit was 24922 #329-89 RESOLVED, that having considered a communication from � the City Planning Commission, dated March 20, 1989, which transmits its resolution 2-37-89, adopted on February 28, 1989, with regard to Petition 89-1-2-5, submitted by Stan' s Market, Inc , requesting waiver use approval to utilize an SDM license within an existing retail store located on the southwest corner of Ann Arbor Road and KnUlsUn in the Southwest 1/4 of Section 31 , which property is zoned C-1 , the Council does hereby concur in the recommendation made by the Planning Commission and Petition 89-1-2-5 is hereby approved and granted, the Council having determined to waive the 500' separation rule set forth in Section 10 03(g) of Ordinance 543 A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was � #330-89 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated December 20, 1988, the report and recommendation of the Chief of Police, dated January 5, 1989, and the report and recommendation of the Director of Inspection, dated March 28, 1989, in connection therewith, the Council does hereby approve of a request from Stan ' s Market, Inc , for the transfer of the location of a 1988 3DM Licensed Business from 38001 Ann Arbor Road to 38741 Ann Arbor Road, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission, and Council Resolution 23-89, adopted on January 9, 1989, is hereby repealed and rescinded A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS` Feenstra The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Taylor, NL- and unanimously adopted, it was 24923 #331-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 20, 1989, which transmits its resolution 2-38-89, adopted on February 28, 1989, with regard to Petition 89-1-2-6, submitted by Nesbitt Partners, requesting waiver use approval to utilize a Class C liquor license in conjunction with the Embassy Suites Hotel proposed to be located on the east side of the I-275 Expressway between Seven and Eight Mile Roads in the South 1/2 of Section 6, which property is zoned C-4, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 89-1-2-6 is hereby approved and granted On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #332-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 23, 1989, which transmits its resolution 3-52-89, adopted on March 20, 1989, with regard to Petition 89-2-2-17, submitted by Trapp Associates Ltd , requesting waiver use approval to construct a restaurant to be located on the south side of Seven Mile Road between I-96 ( I-275) and Haggerty Road in the Northwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby refer this lis item to the Committee of the Whole for its report and recommendation On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was #333-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 23, 1989, which transmits its resolution 3-53-89, adopted on March 20, 1989, with regard to Petition 89-2-2-15, submitted by Trapp Associates Ltd , requesting waiver use approval to utilize a Class C liquor license (serving of liquor, beer and wine by the glass) in conjunction with a restaurant to be located on the south side of Seven Mile Road between I-96 ( I-275) and Haggerty Road in the Northwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was 24924 #334-89 RESOLVED, that having considered the report and � recommendation of the Housing Director, dated March 15, 1989, approved for submission by the Mayor Pro Tem, which transmits its resolution adopted by the Housing Commission on March 14, 1989, wherein an adjustment is recommended to the Silver village admission and continued occupancy income limits which is as follows Section I - Eligibility for Admission and Section IV - Eligibility for Continued Occupancy (annual re-examination Present Admission Limits Revised Admission Limits $21 ,200 Single $22,350 Single $24,200 Couple $25,500 Couple Present Continued Occupancy Revised Continued Occupancy $23,500 Single $24,650 Single $26,800 Couple $28,100 Couple the Council does hereby concur in and approve of such action On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, mm� it was RESOLVED, that having considered a communication from the City Clerk, dated March 13, 1989, which indicates that the successful bidder for the purchase of certain City-owned property located at 11884 Cardwell has declined to complete the purchase of the said property in accordance with the terms and conditions on the basis of the bid accepted in connection with Council Resolution 1199-88, the Council does hereby authorize the Finance Department to proceed with the taking of new bids for the sale of this property, and the $500 00 bid deposit of Franklin Hall Homes, Inc and Jack Stone is hereby declared forfeited and authorized to be deposited in the City treasury On a motion by Councilman Ochala, seconded by Councilman Taylor, it was #335-89 RESOLVED, that having considered a communication from the City Clerk, dated March 13, 1989, which indicates that the successful bidder for the purchase of certain City-owned property located at 11684 Cardwell has declined � to complete the purchase of the said property in accordance 24925 Li with the terms and conditions on the basis of the bid accepted in connection with Council Resolution 1199-88, and having also considered a letter from Franklin Hall Homes, Inc dated April 12, 1989, wherein he is rescinding his earlier request for a short term land contract, the Council does hereby reaffirm Council Resolution 1199-88 which authorized the sale of the subject property on a cash basis, the said transaction to be completed no later than ten (10) days after the effective date of this resolution, in the event the prospective purchaser fails to proceed with the completion of this transaction as herein specified, the bid deposit shall be declared forfeited and authorized to be deposited in the City treasury A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy and McCotter NAYS Bishop and Feenstra The President declared the resolution adopted On a motion by Councilman Jurcisin , seconded by Councilman Taylor, and unanimously adopted, it was #336-89 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 9, 1989, approved for submission by the Mayor, the Council does hereby accept the offer of Roy Hubenschmidt, 13938 Grant Drive, Plymouth, Michigan , to convey to the City of Livonia, the following described property Property in the Northeast 1/4 of Section 12, Town 1 South, Range 9 East, City of Livonia, County of Wayne, State of Michigan, described as that part of Lot 20, Garden Farms Subdivision, Liber 40, Page 56 of Plats, Wayne County Records, beginning at the Northeast corner of Lot 20 and proceeding thence South 0° 15' East along the East line 155.57 feet, thence North 32° 00' West 14 71 feet, thence North 24° 15' West 43 06 feet, thence North 0° 30' West 104 19 feet to the North line of Lot 20, thence South 89° 15' East along said line 25 86 feet to the point of beginning (Parcel No 46-045 01 0020-002) and the Department of Law is hereby requested to prepare and place in legal form such documents as may be necessary to consummate this transaction 24926 On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #337-89 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 9, 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the execution of the attached Stipulation for Consent Judgment and entry of the Consent Judgment in Wayne County Circuit Court Case No 86-616988 CC, providing for the taking of property located on the South side of Plymouth Road between Inkster and Arcola , BE IT FURTHER RESOLVED, that the Council does hereby appropriate a sum of $16,000 as additional compensation, a sum of $4,248 89 as additional interest, a sum of $727 97 as that portion of ad valorem real estate taxes upon said lands from September 26, 1986 the date of taking, to December 18, 1986 the date of conveyance, the sum of $13,000 00 as attorney fees, the sum of $75 00 as mediation fees, the sum of $1 ,800 00 as appraisal fees, the sum of $71 65 as transcript fees, the sum of $30 00 as jury fees and the sum of $10 00 as motion fees, further, the Council does hereby authorize the aforesaid sums be paid to the former owners of the property Frank J Frischkorn and June R Frischkorn, 690 Fairford Road, Grosse Pointe, immMichigan 48236, and the Council does further authorize the sum of $500 00 for the appraisal update of June 16, 1988 to Charles W Allen Jr , MAI , SRPA, 15337 Farmington Road, Livonia, Michigan 48154, and the Council does hereby appropriate the aforesaid sums from the unexpended fund balance account for this purpose , and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Jurcisin, seconded by Councilwoman McCotter, and unanimously adopted, it was #338-89 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 27, 1989, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2845 3/89, wherein it is recommended that an amendment to Table 13 20 120 of Chapter 13. 20, Section 13 20 120D3 of the Livonia Code of Ordinances be amended to reflect new charges effective July 1 , 1989, and on all bills rendered after August 1 , 1989, with regard to industrial waste control charge rates, the Council does hereby refer this item to the Department of Law for the preparation of the ordinance amendment necessary to implement this recommendation 24927 I-' On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was #339-89 RESOLVED, that having considered a communication from the City Planning Commission, dated February 8, 1989, which sets forth its resolution 1-4-89, adopted on January 31 , 7989° with regard to Petition 88-12-2-52, submitted by David Ted Pettey for waiver use approval to utilize a Class C liquor license in conjunction with a new billiard hall proposed to be located within an existing shopping center located on the south side of Eight Mile Road between Grand River Avenue and Angling Road in the Northeast 1/4 Of Section 1 , which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter VD March 20, 1989, pursuant to Council Resolution 163-89, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition 88-12-2~52 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, Lit was #340-89 RESOLVED, that having considered a communication from the City Planning Commission, dated February 8, 1989, which sets forth its resolution 1-5-89, adopted on January 31 , 1989, with regard to Petition 88-12-2-53, submitted by Meadowdale Foods, Inc , requesting waiver use approval to utilize an SDD license in conjunction with a new Great Scott Supermarket to be located within the Northridge Commons Shopping Center on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 20, 1989, pursuant to Council Resolution 164-89, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition 88-12-2-53 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra LThe President declared the resolution adopted 24928 Imp On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was #341-89 RESOLVED, that having considered a communication from the City Planning Commission, dated February 13, 1989, which sets forth its resolution 1-10-89, adopted on January 31 , 1989, with regard to Petition 87-5-2-21 (extension) , submitted by Rapid Oil Change, requesting waiver use approval to construct a fast oil change facility on the southwest corner of Five Mile Road and Bainbridge in the Northwest 1/4 of Section 23, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 20, 1989, pursuant to Council Resolution 105-89, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition 87-5-2- 21 is hereby approved and granted A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala , Jurcisin, McCotter and Feenstra NAYS Toy and Bishop LThe President declared the resolution adopted. On a motion by Councilwoman McCotter, seconded by Councilman Bishop, it was #342-89 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 72-89, adopted on January 25, 1989, which determined public necessity for a road improvement consisting of a 28 ft wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) on Northland and St Martins and the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) on Bethany in the Southeast 1/4 of Section 6, City of Livonia, Wayne County, Michigan A roll call vote was taken on the foregoing resolution with the following result AYES' Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter NAYS Feenstra The President declared the resolution adopted 24929 On a motion by Councilwoman McCotter, seconded by Councilman Ochala, Lit was #343-89 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 27, 1988 on all matters required by Sections 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 14, 1988, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) on Northland, St Martins and Bethany in the Southeast 1/4 of Section 6, T 1S , R 9E, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated April 13, 1989 (4) determine that the estimated cost of such improvement is $110,990 59, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be born and paid by the City shall be 15% of paving ($16,131 09) and 100% of drainage ($3,450 00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($91 ,409 50) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 24930 (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district in the S E 1/4 of Section 6, T l S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Proposed Assessment Roll and Plan (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and L /lO) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3 08 110 of said Code On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was 1344-89 RESOLVED, that having considered a communication from the Director of Community Resources, dated March 7, 1989, approved by the Finance Director and approved for submission by the Mayor, and which transmits cash donations for senior citizen programs received from various sources in a total amount of $1 ,185 00, the Council does, for and on behalf of the City of Livonia, accept the said cash donations and authorize the deposit of the same in Account No 702-000-285-216 for use in the senior citizen programs 24931 lieOn a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #345-89 RESOLVED, that having considered a communication dated March 29, 1989, from the Department of Law transmitting for Council acceptance an Amended Warranty Deed more particularly described as Amended Warranty Deed dated March 20, 1989, executed by Canterbury Park Associates, a Michigan Partnership, by David L Bittker, Partner, and Marvin Rosenthal , Partner, for A part of the southwest 1/4 of Section 3, T 1S , R 9E , City of Livonia, Wayne County, Michigan Commencing at the southwest corner of Section 3, T 1S ,R.9E. , and proceeding thence N 89°38'30" E , 1612 06 feet along the south line of said Section 3, thence N 00°21 '30" W , 60 00 feet to the point of beginning of the parcel herein described, thence N 00°21 ' 30" W , 90 00 feet, thence N 08°10'21" E , 50 56 feet, thence N 00°21 '30" W , 79 99 feet to the beginning of a curve concave to the southwest having a radius of 120.00 feet, thence northwesterly 176 93 feet along said curve, thence N 00°01 ' 15" W , 60 16 feet to a point on a curve concave to the southwest having a radius of 180 00 feet, thence southeasterly 270 84 feet along said curve, thence S 00°21 '30" E. , 79 99 feet, thence S 08°53'21" E. , 50 56 feet, thence S 00°21 '30" E 90 00 feet, thence S 89°38'30" W 75 00 feet to the point of beginning (Mayfield Avenue right-of-way) Sidwell No 46-11-990009002-000 the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Amended Warranty Deed and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #346-89 RESOLVED, that having considered a communication dated March 29, 1989, from the Department of Law transmitting for Council acceptance two (2) Grants of Easement, more particularly described as 24932 (1 ) Grant of Easement dated March 2, 1989, executed by Tooling & Equipment International Inc. , a LMiChigOn Corporation, by Wendell Doolin, President, and Clifford Rothwell , Vice President, for: The West 12 feet of the East 357.51 feet of the North 12 feet of the following parcel of land That part of the S.E 1/4 of Section 28, T 13' ,R 9E , City of Livonia, Wayne County, Michigan described as Beginning at the N E corner of Lot 119 Alden Village Subdivision, as recorded in Liber 66 of Plats, Page 78, Wayne County Records and proceeding thence S 15«03' 10x W along the east line of said subdivision 174 18 feet, thence S. 88"20' 40" E , 776.94 feet, thence N 0"39' E. , 169 47 feet, thence N 86p20'40" W. , 733.60 feet to the point of beginning (2) Grant of Easement dated March 7, 1989° by Cass Erectors Inc , a Michigan Corporation, by John A Brenneman, Secretary/Treasurer, and Eileen 8, Brenneman, President, for* The Westerly most twelve (12) feet of the following Lparcel of land Part of the S C. ./4 of Section 28, I.1S. ,D.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 15"03' lO" West 243-84 feet and South 88"20/40" East 378.09 feet from the S E corner of Lot 116 Alden Village Subdivision, Liber 66, Page 78, Wayne County Records, and proceeding thence North 01"39'20" East 140.08 feet; thence along a curve to the left, radius 66 00 feet, central angle 90 degrees, an arc distance of 103.67 feet, and whose chord bears North 46"39'20° East a distance of 93.34 feet, thence South 88"20'40, East 287,90 feet; thence South 00"39'OO" West 206.10 feet; thence North 88"20'40" West 357.51 feet to the point of beginning. 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 Councilwoman Toy, seconded by Councilman Taylor, lirmInd unanimously adopted, it was 24933 #347-89 RESOLVED, that having considered a letter from the Executive Director of the Livonia Chamber of Commerce, 15401 Farmington Road, Livonia, Michigan 48154, dated April 5, 1989, the Council does hereby take this means to indicate that the Livonia Chamber of Commerce is recognized as a non-profit oganization operating in the community, the action herein being taken for the purpose of affording the Livonia Chamber of Commerce an opportunity to obtain a gaming license from the State of Michigan in accordance with provisions of State Statute On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #348-89 RESOLVED, that having considered a letter from Racquetime Health Club, 36600 Plymouth Road, Livonia, Michigan 48150, wherein a request is submitted for a proposal for a course for a one mile Family Fun Run and four mile "Run For Your Life" to be held on May 6, 1989, the Council does hereby refer this item to the Chief of Police, the Finance Director and the Director of Public Works for their respective reports and recommendations /mrsOn a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #349-89 WHEREAS, Special Assessment Rolls as described below (the "Rolls" ) for the construction of street improvements in various special assessment districts similarly denominated in the City have been prepared, reviewed and confirmed by the City, and WHEREAS, the City Council has determined that it will be necessary to issue special assessment bonds, pledging for their payment collections on the Rolls, and NOW, THEREFORE, BE IT RESOLVED THAT 1 The estimated period of usefulness of said improvements is not less than twenty (20)years 2 Special Assessment Bonds be issued in the amount of One Million Seven Hundred Five Thousand Dollars ($1 ,705,000) (the "SA Bonds") in anticipation of the collection of an equal amount of future due installments on the Rolls, together with interest and investment income thereon as set forth below, the amount of each Roll pledged for payment of the SA Bonds to be as follows 24934 Roll Amount 303 - Alt II $ 37,520 53 303 - Alt IV 139,723 35 305 27,905 20 306 32,036 79 307 17,366 96 312 182,299 20 313 124,613 00 314 - Alt III 120,510 80 314 - Alt IV 33,319 20 315 405,789 19 316 270,768 00 317 23,256 00 318 49,243 78 319 35,688 00 322 204,960 00 In addition to the special assessments primarily pledged as aforesaid, the full faith, credit and resources of the City are pledged secondarily for the prompt payment of the principal of and interest on the SA Bonds as the same become due If the pledged special assessments are not collected in amounts sufficient to pay the principal of and interest on the SA Bonds as the same become due, the City will promptly advance from its general funds as a first budget obligation sufficient moneys to pay said principal and interest or, if necessary, levy taxes upon all taxable property in the City therefor, subject to applicable constitutional , statutory and charter tax rate limitations 3 The SA Bonds shall be designated 1989 SPECIAL ASSESSMENT LIMITED TAX BONDS, shall consist of bonds registered as to principal and interest of the denomination of $5,000 or multiples of $5,000 up to the amount of a single maturity, numbered consecutively in order of authentication from 1 upwards, dated as of May 1 , 1989, and shall be payable annually on March 1 of the years as follows $130,000 1991 , 125,000 1992, 150,000 1993 and 1994, 125,000 1995, 150,000 1996 125,000 1997 and 1998, 150,000 1999, 100,000 2000, 75,000 2001 to 2005, inclusive 24935 4 The SA Bonds shall bear interest at rates determined on sale thereof, not exceeding ten percent (10%) per annum, payable on March 1 , 1990, and semiannually thereafter, by check drawn on the transfer agent mailed to the registered owner at the registered address, as shown on the registration books of the City maintained by the transfer agent Interest on the SA Bonds from May 1 , 1989 to March 1 , 1990 shall be capitalized and paid from the proceeds of the SA Bonds Interest shall be payable to the registered owner of record as of the fifteenth (15th) day of the month prior to the payment date for each interest payment The date of determination of registered owner for purposes of payment of interest as provided in this paragraph may be changed by the City to conform to market practice in the future The principal of the SA Bonds shall be payable at Michigan National Bank, Detroit, Michigan, which is hereby designated by the City Council as registrar and transfer agent The SA Bonds shall be subject to redemption prior to maturity, as set forth in Section 9 hereof 5 The SA Bonds shall be executed in the name of the City with the facsimile signatures of the Mayor, the City Clerk and the City Treasurer and shall have the City' s seal or a facsimile printed or affixed on them No bond shall be valid until authenticated by an authorized officer of the transfer agent The SA Bonds shall be delivered to the transfer agent for authentication and be delivered by him to the purchaser in accordance with instructions from the Finance Director of the City upon payment of the purchase price for the SA Bonds in accordance with the bid therefor when accepted Executed blank bonds for registration and issuance to transferees shall simultaneously, and from time to time thereafter as necessary, be delivered to the transfer agent for safekeeping 6 Any bond may be transferred upon the books required to be kept pursuant to this section by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of the bond for cancellation, accompanied by delivery of a duly executed written instrument of transfer in a form approved by the transfer agent Whenever any bond or bonds shall be surrendered for transfer, the City shall execute and the transfer agent shall authenticate and deliver a new bond or bonds, for like aggregate principal amount The transfer agent shall require the payment by the bondholder requesting the transfer of any tax or other governmental charge required to be paid with respect to the transfer 7 The SA Bonds shall be in substantially the following form 24936 UNITED STATES OF AMERICA im STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1989 SPECIAL ASSESSMENT LIMITED TAX BOND Rate. Date of Maturity: March 1 , Date of Original Issue May 1 , 1989 CUSIP: Registered Owner Principal Amount Dollars The City of Livonia, County of Wayne, State of Michigan, promises to pay the Principal Amount shown above to the Registered Owner on the Date of Maturity specified above , with interest thereon from the Date of Original im Issue , or such later date to which interest has been paid, until paid at the Rate specified above , payable on March 1 , 1990 , and semiannually thereafter. Principal of the bonds is payable at the corporate trust office of Michigan National Bank, Detroit, Michigan, or such other transfer agent as the City may hereafter designate by notice mailed to the registered owner not less than 60 days prior to any interest payment date. Interest is payable to the registered owner of record as of the 15th day of the month preceding the payment date as shown on the registration books of the City maintained by the transfer agent by check or draft mailed to the registered owner at the registered address. For the prompt payment of this bond, both principal and interest, the full faith, credit and resources of the City are hereby irrevocably pledged. This bond is one of a series of bonds of even date aggregating the principal sum of $1,705 ,000 issued in anticipation of the collection of special assessments in various Special Assessment Districts in the City for the purpose of paying part of the cost of street improvements in said Districts , all in accordance with a duly adopted resolution of the City. Bonds maturing in the years 1991 to 1999 , inclusive, im shall not be subject to prior redemption. 24937 Bonds or portions of bonds in multiples of $5 , 000 of tio this issue maturing in the years 2000 through 2004 , inclusive , shall be subject to redemption, at the option of the City, in direct order of maturity and within any maturity by lot, on any interest payment date on or after March 1, 1999 , at par and accrued interest to the date fixed for redemption, plus a premium, expressed as a percentage of par as follows 2% of the par value of each bond or portion thereof called for redemption on or after March 1 , 1999 , but prior to March 1 , 2000 ; 1-1/2% of the par value of each bond or portion thereof called for redemption on or after March 1 , 2000 , but prior to March 1 , 2001 ; 1% of the par value of each bond or portion thereof called for redemption on or after March 1 , 2001 , but prior to March 1 , 2002 ; 1/2% of the par value of each bond or portion thereof called for redemption on or after March 1 , 2002 , but prior to March 1 , 2003 ; imp No premium shall be paid on bonds or portions of bonds called for redemption after March 1 , 2003 . In case less than the full amount of an outstanding bond is called for redemption, the Transfer Agent upon presentation of the bond called in part for redemption shall register, authenticate and deliver to the registered owner a new bond in the principal amount of the portion of the original bond not called for redemption. Notice of redemption shall be given to the owners of bonds to be redeemed by mailing of such notice not less than thirty ( 30 ) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the City. No further interest shall accrue on bonds called for redemption after the date fixed for redemption, whether such bonds are presented for redemption or not, provided the City has money available for such redemption. This bond is transferable only upon the books of the City kept for that purpose at the office of the transfer agent by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer satisfactory to the transfer agent duly executed by the im registered owner or his attorney duly authorized in writing, 24938 and thereupon a new registered bond or bonds in the same Lim aggregate principal amount and of the same maturity shall be issued to the transferee in exchange therefor as provided in the resolution authorizing the bonds of this series, and upon the payment of the charges , if any, therein prescribed. This bond is payable out of special assessments to be collected on the lands situated in the aforesaid special assessment districts The liability of each special assessment district is limited as set forth in the bond authorizing resolution In case of insufficiency of said special assessment collections , this bond is payable as a first budget obligation out of the general funds of the City, including the collection of any ad valorem taxes which the City is authorized to levy, subject to applicable constitutional , charter and statutory tax rate limitations. It is hereby certified and recited that all acts , conditions and things required by law precedent to and in the issuance of this bond and the series of bonds of which this is one have been done, exist and have happened in regular and due time and form as required by law, and that the total indebtedness of the City, including this bond and the series of bonds of which this is one, does not exceed any constitutional, charter or statutory debt limitation. This bond is not valid or obligatory for any purpose until the transfer agent' s Certificate of Authentication on this bond has been executed by the transfer agent. IN WITNESS wHEREOF, the CITY OF LIVONIA, County of Wayne, State of Michigan, by its City Council has caused this bond to be executed with the facsimile signatures of its Mayor , its City Clerk and its Treasurer and its corporate seal to be printed hereon, all as of the Date of Original Issue. CITY OF LIVONIA By Mayor ( SEAL) Countersigned City Clerk Treasurer 24939 [FORM OF TRANSFER AGENT' S CERTIFICATE OF AUTHENTICATION] Certificate of Authentication This bond is one of the bonds described in the within- mentioned resolution. MICHIGAN NATIONAL BANK, Detroit, Michigan Transfer Agent By Authorized Representative 8 The City Clerk shall fix the date of sale of said SA Bonds and shall cause notice of sale of the bonds to be published in an authorized newspaper at least seven (7) full days before the date fixed for sale of the said bonds 9 The notice of sale shall be in substantially the following form OFFICIAL NOTICE OF SALE CITY OF LIVONIA COUNTY OF WAYNE, STATE OF MICHIGAN $1 , 705 , 000 1989 SPECIAL ASSESSMENT LIMITED TAX BONDS SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the Clerk' s office in the City Hall located at 33001 Civic Center Drive , Livonia, Michigan 48154 , on Wednesday, the 26th day of April, 1989 , until 11. 00 o ' clock a.m. , Eastern Daylight Time , at which time and place said bids will be publicly opened and read. Bids will also be received simultaneously and publicly opened and read at the Municipal Advisory Council of Michigan, 1158 First National Building, Detroit, Michigan im48226 . The City Council will meet at 8 : 00 p.m. , Eastern Daylight Time on that date to consider award of the bids. BOND DETAILS: Bonds will be registered bonds of the denomination of $5 , 000 or multiples thereof up to the amount 24940 of a single maturity, each dated as of May 1 , 1989 , numbered in order of authentication from 1 upwards and will bear interest from their date payable on March 1 , 1990, and semiannually thereafter. The bonds will mature on the 1st day of March as follows: $130 , 000 1991; 125 , 000 1992; 150 , 000 1993 and 1994; 125 , 000 1995 ; 150 ,000 1996 ; 125 ,000 1997 and 1998 ; 150 , 000 1999; 100 , 000 2000 ; 75 , 000 2001 to 2005 , inclusive. PRIOR REDEMPTION: Bonds of this issue maturing in the years 1991 to 1999 , inclusive, are not subject to redemption prior to maturity. Bonds or portions of bonds in multiples of $5, 000 , maturing in the years 2000 through 2004 , inclusive, shall be subject to redemption, at the option of the City, in direct order of maturity and within any maturity by lot, on any interest payment date on or after March 1, 1999 , at par and accrued interest to the date fixed for redemption, plus a premium expressed as a percentage of par as follows: int 2% of the par value of each bond or portion thereof called for redemption on or after March 1 , 1999 , but prior to March 1 , 2000 ; 1-1/2% of the par value of each bond or portion thereof called for redemption on or after March 1 , 2000 , but prior to March 1, 2001; 1% of the par value of each bond or portion thereof called for redemption on or after March 1 , 2001 , but prior to March 1, 2002. 1/2 of the par value of each bond or portion thereof called for redemption on or after March 1 , 2002 but prior to March 1 , 2003 ; No premium shall be paid on bonds or portions of bonds called on or after March 1, 2003 . In case less than the full amount of an outstanding bond is called for redemption, the transfer agent upon presentation of the bond called in part for redemption shall register, authenticate and deliver to the registered owner a new bond of the same maturity and in the principal amount of the portion of the original bond not called for redemption. 24941 Notice of redemption shall be given by the transfer im agent to the holders of any bond or portion thereof to be redeemed by mailing of such notice not less than thirty ( 30 ) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the City. No further interest shall accrue on bonds called for redemption after the date fixed for redemption, whether such bonds are presented for redemption or not, provided that the City has money available for such redemption. INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding 10% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or both. The interest on any one bond shall be at one rate only, and all bonds maturing in any one year must carry the same interest rate. The difference between the highest and lowest interest rate on the bonds shall not exceed three percent ( 3%) per annum. No proposal for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. TRANSFER AGENT AND REGISTRATION: Principal shall be payable at the corporate trust office of Michigan National Bank, Detroit, Michigan, or such other transfer agent as the City may hereafter designate by notice mailed to the registered owner not less than 60 days prior to any change in transfer agent Interest shall be paid by check mailed to the owner as shown by the registration books of the City as of the 15th day of the month preceding any interest payment date. The bonds will be transferable only upon the registration books of the City kept by the transfer agent. PURPOSE AND SECURITY: The Bonds are issued in anticipation of the collection of future due installments of special assessments for street improvements in certain special assessment districts in the City. The special assessments and interest and investment income thereon shall be sufficient to pay the principal of and interest on the bonds when due. The liability of each special assessment district is limited as set forth in the bond authorizing resolution. The bonds will pledge the limited tax full faith and credit of the City as additional security for payment of principal and interest. Pursuant to such pledge, should special assessment collections be insufficient, the City shall be obligated to pay the principal of and interest on said bonds as a first budget obligation from its general funds, including the collection of any ad valorem taxes which the City is authorized to levy, but any such levy shall be subject to applicable constitutional, charter and statutory im tax rate limitations. 24942 The rights or remedies of bondholders may be affected by bankruptcy laws or other creditor' s rights legislation now existing or hereafter enacted. GOOD FAITH: A certified or cashier' s check in the amount of $34, 100 drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City, must accompany each bid as guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder' s representative or by registered mail. AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from May 1, 1989 , to their maturity and deducting therefrom any premium. LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, copies of which opinions will be printed on the reverse side of the bonds, and the originals of which will be furnished without expense to the purchaser of the bonas at the delivery thereof . The fees of Miller, Canfield, Paddock and Stone for services rendered in connection with such approving opinion are expected to be paid from bond proceeds. Except to the extent necessary to issue their unqualified approving opinion as to validity of the above bonds , Miller, Canfield, Paddock and Stone has not been requested to examine or review and has not examined or reviewed any financial documents , statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds , and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents, statements or materials. TAX EXEMPTION: In the opinion of bond counsel, assuming compliance with certain covenants , interest on the bonds is excluded from gross income for federal income tax purposes, as described in bond counsel' s opinion and the bonds and interest thereon are exempt from all taxation in the State of Michigan, except inheritance taxes and taxes on gains realized from the sale, payment or other disposition thereof. The bonds will be designated as "qualified tax exempt obligations" for purposes of deduction of interest by financial institutions. 24943 im DELIVERY OF BONDS: The City will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser at Detroit, Michigan, Chicago, Illinois or at such place as may be mutually agreed upon. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Daylight Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds , withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in which event the City shall promptly return the good faith deposit. Payment for the bonds shall be made in immediately available funds. Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery. Unless the purchaser furnishes the transfer agent with a list giving the denominations and names in which it wishes to have each issue of the bonds issued at least 10 business days after sale of the bonds, each issue of the bonds may be delivered in the form of a single certificate for each maturity registered in the name of the purchaser. THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. ENVELOPES containing the bids should be plainly marked "Proposal for Special Assessment Bonds" . Robert F. Nash City Clerk City of Livonia, Michigan 10 There shall be established and maintained a fund to be designated 1989 SPECIAL ASSESSMENT LIMITED TAX BOND DEBT RETIREMENT FUND Into said fund there shall be placed the accrued interest and premium, if any, received at the time of delivery thereof plus a sum, which when taken together with said accrued interest and premium, will be sufficient to pay interest on the SA Bonds until March 1 , 1990 In addition, there shall be paid into said fund the collections of principal and interest on the Rolls in anticipation of the collection of which the SA Bonds authorized by the provisions of this resolution are to be issued If at any time said fund is insufficient to pay the principal of and interest on said SA Bonds as the same become due, the City shall advance from its general funds 24944 as a first budget obligation a sufficient amount of money to pay such principal and interest and, if ncessary, levy taxes on all taxable property in the City for such purpose, subject to applicable constitutional , charter and statutory tax rate limitations 11 There shall be established and maintained a separate fund, to be designated 1989 BOND CONSTRUCTION FUND, into which shall be placed the proceeds of sale of the SA Bonds, except accrued and capitalized interest, and premium, if any, and from which fund there shall be paid the cost of the improvements 12 The City hereby covenants to comply with the requirements of the Internal Revenue Code of 1986, as amended 13 The City shall not invest, reinvest or accumulate any moneys deemed to be proceeds of the SA Bonds pursuant to No 148 of the Internal Revenue Code of 1986, as amended and the applicable regulations thereunder, in such manner as to cause the bonds to be "arbitrage bonds" within the meaning of said section and the applicable regulations thereunder 14 The City hereby designates the SA Bonds as "qualified tax exempt obligations" for purposes of deduction of interest by financial institutions 15 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #350-89 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 Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #351-89 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 323 for a proposed street improvement consisting of the placement of approximately 4" of asphalt on the existing roadway (Alternate IV) on Greenland, West of 24945 Middlebelt and Henry Ruff, Greenland to Puritan, located in the North 1/2 of Section 14 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 April 10, 1989 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 323, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated February 28, 1989, in the amount of $85,378 82, 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 323 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) percent per annum on the unpaid balance of the assessments from December 1 , 1990 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 08 130 110 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of 24946 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 , 1990, (5) The first installment shall be spread upon the 1991 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 , 1990 and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) year' s interest upon all unpaid installments , provided, however, that when any annual installments 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 lieexpiration 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 ($12,506 82) and 100% of drainage costs ($2,000 00) for a total amount of ($14,506 82) On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #352-89 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 10, 1989, submitted pursuant to Council Resolution 209-89 in connection with the report and recommendation of the City Engineer, dated February 8, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the selection of an architectural firm for the proposed construction of the Fox Creek Golf Course Clubhouse, the Council does hereby designate the architectural firm of Kamp DiComo Associates, 24947 lib P C , 15875 Middlebelt Road, Livonia, Michigan 48154, to perform architectural services for the proposed construction of the Fox Creek Golf Course Clubhouse, and the Department of Law is hereby requested to prepare a contract in accordance with the action taken herein for submission to Council for approval On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, this 1 ,150th Regular Meeting of the Council of the City of Livonia was adjourned at 9 14 P M , April 12, 1989 --eazetp21-4-4 Robert F Nash, City Clerk