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HomeMy WebLinkAboutCOUNCIL MINUTES 1988-12-19 24663 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FORTY-THIRD REGULAR MEETING --- OF THE COUNCIL OF THE CITY OF LIVONIA On December 19, 1988, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 03 P M Councilman Bishop 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, David Preston, Finance Director, William Crayk, Chief of Police, Karen Szymula, Director of Legislative Affairs , James Inglis, Housing Director, Ray Pomerville, Labor Relations Director, Ron Reinke, Superintendent of Parks and Recreation and Michael Reiser, Facility Maintenance Manager On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted*, it was #1168-88 RESOLVED, that the minutes of the 1 ,142nd Regular Meeting of the Council of the City of Livonia, held December 8, 1988 are hereby approved. *Councilwoman McCotter and Councilman Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04 190 B of the Livonia Code of Ordinances On a motion unanimously introduced, supported and adopted, it was #1169-88 WHEREAS, the Livonia Housing Commission celebrated its 25th Anniversary, December 18, 1988, and WHEREAS, on October 9, 1963 the City Council adopted Ordinance 450, authorizing the Mayor to appoint five citizens and did create the Livonia Housing Commission, and 24664 WHEREAS, through the concern of the people of the � City of Livonia in voting tax support, the efforts of the Livonia --- Housing Commission and the support of the Federal Government, McNamara Towers was opened in 1969 in memory of Senator Patrick V McNamara and has served the senior citizens of the community, and WHEREAS, the Livonia Housing Commission has continued its high purpose for the benefit and comfort of our citizens in McNamara Towers, Silver Village, William W Brashear Towers , scattered sites, Section 8 and voucher programs it administers , and WHEREAS, the citizens of the City of Livonia and especially those of advancing age are well served in safe, sanitary, convenient and comfortable housing within their means in the 745 units the Livonia Housing Commission administers, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Livonia commend the Livonia Housing Commission and its Board of Commissioners Pat Whitton, President, George Donaldson, Vice President, Garland Borden, John Bryan and Sharon E Osborn and its Executive Director, James M Inglis, On 25 years of service to the City of Livonia and for the task Of addressing the housing needs in our City L A communication from the City Clerk re Clarenceville School District agreement on school property tax collection was received and placed on file for the information of the Council . A communication from the Secretary of the Board of Education of the Livonia Public Schools, dated December 5, 1988 re continuation of district tax collection practices was received and placed on file for the information of the Council On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was #1170-80 RESOLVED, that having considered a petition submitted by Earl and Mable Cox, 32650 Pembroke, received by the office of the City Clerk on November 29, 1988, wherein a request is submitted for the installation of street lights on Pembroke Street between Mayfield and Hubbard Street and/Or increasing the lighting at Jaycee Park, the Council does hereby refer this im. item to the Engineering Department for its report and recommendation 24665 #1171-08 RESOLVED, that having considered the report and � recommendation of the Superintendent of Parks and Recreation, dated November 23, 1988, approved by the Finance Director and approved for submission by the Mayor, and to which is attached a list of recommended low bidders meeting specifications for the purchase of T-shirts and related paraphernalia for 1989 on a unit price bid basis, the Council does hereby award the said low bids in the manner and form herein submitted for an estimated total price of $5,768 30 #1172-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 23, 1988, approved by the Finance Director and approved for submission by the Mayor, and to which is attached a list of recommended low bidders meeting specifications for the purchase of athletic equipment for 1989 on a unit price bid basis, the Council does hereby award the said low bids in the manner and form herein submitted for an estimated total price of $6,634 12 #1173-80 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated November 28, 1088, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby approve of the leasing of 10 surveillance vehicles from Tennyson Car & Truck Rental , 32570 Plymouth Road, Livonia, Michigan 48150, � on the basis of a one year lease for a total price of $44,988.00, --' the same having been in fact the lowest bid received and meets specifications #1174-80 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated November 28, 1988 which bears the signature of the the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 14 marked patrol police vehicles from Shaheen Chevrolet, 3901 S Logan Street, Lansing, Michigan 48910, for a total price of $175,014.00, of which sum $161 ,000.00 is hereby appropriated and authorized to be expended from Account 101-325-985-000 (Patrol Capital ) , and the balance of the monies required to finance this purchase are hereby appropriated and authorized to be expended from income projected to be received from the sale of used police vehicles which are to be replaced by this purchase, 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. #1175-80 RESOLVED, that having considered the report and &L recommendation of the Labor Relations Director, dated December 24666 6, 1988, which bears the signature of the Director of Finance � and is approved for submission by the Mayor, the Council does �mw hereby authorize the preparation of specifications and thereafter the taking of competitive bids in accordance with provisions of law and City ordinance for the installation of a call sequencer to be installed on the City' s eighteen (18) line hunt group beginning with the phone numbe 421-2000 #1176-80 RESOLVED, that having considered the report and recommendation of the City Librarian, dated October 28, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby, for and in behalf of the City of Livonia, accept two LSCA Title I Grants, the first Grant being in the amount of «12,500 00 (Project No. 87-27207-38) , the purpose of which is to establish a Michigan Collection at the Civic Center Library and the second Grant being in the amount of $14,502 00 (Project No 87-27207-28\ , the purpose of which is to strengthen the use of new technologies in the Livonia Public Library System #1177-88 RESOLVED, that having considered the report and recommendation of the City Clerk, dated December 1 , 1988, wherein it is recommended that the election precincts ordinance of the Livonia Code of Ordinances be amended so as to revise the legal description of Election Precinct l7B, the Council does hereby refer this item to the Department of Law for the preparation L of the necessary ordinance amendment for submission to Council #1178-80 RESOLVED, that having considered the report and recommendation of the City Clerk, dated December 7 , 1988, to which is attached a letter from The Observer & Eccentric Newspapers, Inc , dated December 2, 1988, the Council does hereby designate The Observer & Eccentric Newspapers, Inc , Division of Suburban Communications Corporation, 36251 Schoolcraft Road, Livonia, Michigan 48150, as the official newspaper of the City of Livonia, for the period January 1 , 1989 through December 31 , 1989, further, the Council does hereby approve and authorize the publishing of legal notices in The Observer & Eccentric Newspaper, for the price of $6 30 per column inch, based on the present 6 column format, effective January 1 , 1989. #1179-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 20, 1988, and the report and recommendation of the Chief of Police, dated November 22, 1988, in connection therewith, the Council does hereby approve of the request from Sidney M Hiller, Harriet S Hiller, Margaret Ann Hiller and James A Hiller, stockholders in Hiller and Lutey, Inc , to transfer ownership through merger of 1988 SDM Licensed Business from The Food Emporium, Inc. , for a business located at 37399 Six Mile Road, Livonia, Michigan 48152, Wayne County, and the City Clerk is hereby requested bm NL to forward a certified copy of this resolution to the Michigan Liquor Control Commission 24667 � #1180-80 RESOLVED, that having considered the report and Qw� recommendation of the City Engineer, dated November 23, 1988, which bears the signature of the Finance Director, and is approved for submission by the Mayor, with regard to the installation of a traffic control signal device to be located at the intersection of Six Mile Road (westbound) and North Laurel Park Drive, the Council does hereby agree to and approve of the City of Livonia participating in the actual cost of installation and in the future maintenance (including electrical energy charges) of the aforesaid traffic signal control device to the extent of 33%, the total estimated cost of such installation being in the amount of $42,600 00, and the City' s estimated cost of participation being in the amount of $14,200 00, and further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $14,200,00 from the Motor Vehicle Highway Fund (Major Road Account) for this purpose, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the proposed cost agreement submitted in this regard, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed cost agreement, to the Wayne County Department of Public Services, Division of Roads. #1181-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 7, 1980, QL which bears the signature of the Director of Finance and is -- approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk to execute a contract between the City of Livonia and BADA Engineering, 19450 Haggerty Road, Livonia, MI 48152, wherein the latter firm would provide design electrical engineering services for the Idyl Wyld and Fox Creek Golf Courses parking lot lighting projects for the price of $0,500 00, the same to be expended from the Golf Course Capital Projects Fund Account for this purpose, and the Department of Law is hereby requested to prepare the necessary contract to implement this transaction, and the City Engineer is hereby authorized to approve minor adjustments in the work as completed, further, the Council does hereby authorize this item without competitive bidding in accordance with provisions set forth in Section 3 04 l40D2 of the Livonia Code of Ordinances, as amended. #1182-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 1 , 1988, 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 Loveland (7 Mile to Curtis) , Woodring (7 Mile to Clarita) and Clarita (Shadyside to Mayfield) , pursuant to S A D 290, the Council does hereby determine as follows 24668 LaTO authOrize reducing the assessments us 3et fnrth in . the c0nfirmed aSsgssm8nt rVll f0r S A.D 29O, thS revised assessments to be based upon an assessment rate of $9 46 p f f rather than $10 30 p.f.f , b To establish the final project cost at $91 ,653 17 Of this total , $78,909 71 is to be charged to the special assessment district and $12,743'46 is to be assumed by the City' s Motor Vehicle Highway 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 homeowners within the assessment district, and d To authorize an expenditure in the amount of $91 ,653,17 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 Motor Vehicle Highway Fund (M.V.H F ) receipts #1183-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 31 , 1988, which bears the signature of the Finance Director, and is approved for submission by the Mayor, and which transmits final cost 61. NL informatiPn with regard to the improvement of Osmus, Parker and Norfolk, pursuant to S A D 293, the Council does hereby determine as follows a To authorize reducing the assessments as set forth in the confirmed assessment roll for S A.D 293, the revised assessments to be based upon an assessment rate of «9.04 V f f. rather than $11 40 p f f , b To establish the final project cost at $156,001 88 Of this total , $129,540 91 is to be charged to the special assessment district and $26,520 97 is to be assumed by the City' s Motor Vehicle Highway 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 homeowners within the assessment district, and d To authorize an expenditure in the amount of $150,061 88 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 Motor Vehicle Highway Fund (M V H F ) receipts 24669 #1184-88 RESOLVED, that having considered the report and L re��n��Odati�n Vf the Citv E� 'nSer, dated NoVember 7, l9Q8, x~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 Gill Road, Seven Mile to Northland, pursuant to S A D 291 , the Council does hereby determine as follows a To authorize keeping the assessment rate as set forth in the confirmed assessment roll for S.A D. 291 , the revised assessments to be based upon an assessment rate of $42 00 p f.f. , b To establish the final project cost at $437,191 72 Of this total , $121 ,207-80 is to be charged to the special assessment district and $315,983 92 is to be assumed by the City' s Motor Vehicle Highway Fund receipts; c To authorize an expenditure in the amount of $437,191 .72 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 Motor Vehicle Highway Fund (M V H F ) receipts 11185-88 WHEREAS, from time to time it becomes prudent for � the Corporation to invest its excess cash in certain short-term instruments, and in order to facilitate such investments, BE IT RESOLVED THAT the City Treasurer is authorized to open a National Bank of Detroit Corporate Investment Trust to invest cash on behalf of the City of Livonia in the following securities (approved under state law MCL 129,91 ) (1 ) In bonds, Treasury strips, Treasury bills or other direct obligations of the United States or in other agency instruments backed by the full faith and credit of the United States government (2) In Repurchase Agreements, using the above U S securities as collateral and taking possession of the collateral backing the agreement Repurchase Agreements can be only with Michigan banks or primary government dealers approved by the Federal Reserve Board for open money operations. (3) In Commercial Paper, which is at the time of purchase within the three (3) highest classifications established by Moody' s or Standard and Poors rating service and which matures within 270 days Not more than 60% L of any fund may be invested in commercial paper at any time, with no more than 2 5M with any one company 24670 lip ` '(41 Bankers acceptance notes of United States banks, with no more than 2 5M in any one company (5) In the City of Livonia ' s National Bank of Detroit pooled fund #41-51693-00, Maximum Investment Limits for Commercial Paper and Bankers Acceptance notes specified above IF CITY TRUST LIMIT IN BANKER AMOUNTS TO COMMERCIAL PAPER ACCEPTANCE 5M 2 5 2.5 lOM 2 5 2 5 2.5 2.5 15M 2 5 2.5 Balance must be in 2 5 2 5 other Investments specified. #1186-88 RESOLVED, that the Council having considered a communication from the City Engineer dated November 22, 1988, approved for submission by the Mayor, and submitted pursuant to Council Resolution 400-88, and the City Engineer having L ascertained the assessed valuation of all property affected by the proposed street improvement of Foch, Pershing, Clarita, Pickford, Goff and Margareta in the East 1/2 of the Northeast 1/4 of Section 12, T 1S. , R 9E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 22, 1988, and that there has been a full compliance with all of the provisions of Section 3 08,050 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, February 1 , 1989 at 8'00 P M as the date and time for a public hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant 24671 to Section 3 08 070 of said Livonia Code of Ordinances , as amended, and the City Clerk is hereby authorized to give notice =~� and publication of such hearing as is required by Section 3.08'070 of said Code 11187-88 WHEREAS, pursuant to the direction of the City Council in its resolution 1130-88, adopted on November 21 , 1988, 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 November 22, 1988, an assessment roll dated November 22, 1988, for the proposed improvement of Merriman Court, North of Seven Mile Road consisting of a 28' wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) , 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 1130-88. 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 Wednesday, February 1 , 1989, at 8 00 P M. , to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date Of February 1 , 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 #1188-80 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5 2934; MCLA 125, 584\ , as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, February NL 1 , 1989, at 8'00 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item 24672 i P8tition 88-g-l-25, sUbmittedh« K M Phillip�u dnd ~. -'�- ��h� D�lf�n3i f�r a change of zoning of property located on the north side of Ann Arbor Trail , west of Wayne Road in the Southeast 1/4 of Section 32 and the Southwest 1/4 of Section 33 from RUF to R-7 (Rural Urban Farm - One Family Residential to Multiple Family Dwelling) , the City Planning Commission in its resolution 17-219-88 having recommended to the City Council that Petition 88-9-1-25 be denied, and 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 L #1189-88 WHEREAS, pursuant to the direction of the City Council in its resolution 529-87, adopted on June 3, 1987, and 1164-88° adopted on December 8, 1988, 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 December 15, 1988, an assessment roll dated December 15, 1988, for the proposed improvement consisting of the installation of 100 watt high pressure sodium lights on either davitt poles or colonial post tops in the Windridge Village Subdivision No. 5, 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 Resolutions 529-87 and 1184-88 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 l 89 i~~ Drive, Livonia, Michigan, on Wednesday, February 1 , � ° 24673 at 8 00 P.M. , to review the said special assessment roll at � which time and place opportunity will be given to all interested -�~ p8rsons 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 February 1 , 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. f1190-88 WHEREAS, pursuant to the direction of the City Council in its resolution 530-87, adopted on June 3, 1987, and 1168-88, adopted on December 8, 1988, 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 December 15, 1988, an assessment roll dated December 15, 1988, for the proposed improvement consisting of the installation of 100 watt high pressure sodium lights on either davitt poles or colonial post tops in the Windridge Village Subdivision No. 6, 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 Resolutions 530-87 and 1166-88. 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 Wednesday, February 1 , 1989, at 8 00 P M , to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid L datu of February 1 , 1989, the City Clerk is also directed ' 24674 to give notice of said hearing by sending written notice L th�rSOf fir�t cla�� mail tO ��ch �nd �v�ry Qwner by property 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 Bishop, McCotter, Taylor, Ochala, Jurcisin, Toy, Feenstra. NAYS None On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was #1191-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 14, 1988, and submitted pursuant to Council Resolution 1059-88 in connection with a letter from the Michigan Liquor Control Commission, dated October 3, 1988, and the report and recommendation of the Acting Chief of Police, dated October 18, 1988, the Council does hereby approve of the request from Elias Mikhaei , stockholder in Elias Party Store, Inc. , to transfer ownership of a 1988 3DM Licensed Business from L Galasakis, Inc. , for a business located at 36274 Five Mile Road, Livonia, Michigan 48154, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 88-9-3-5\ The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council On a motion by Councilman Taylor, seconded by Councilwoman McCotter, libm and unanimously adopted, it was 24675 #1192-80 RESOLVED, that having considered a letter from N TNT-EDM, Inc , 36010 Industrial Road, Livonia, Michigan 48150, dated December 6, 1988, wherein it is indicated that the said TNT-EDM, Inc intends to transfer facilities from the aforesaid address to the Township of Plymouth, and it further indicates that the said TNT-EDM, Inc desires to obtain a 1974 P A 198 exemption for the Plymouth Township facility, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilwoman McCotter, seconded by Councilman Bishop, it was #1193-88 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 23, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Burington Golf Car Distributors, 149 N. Perry Street, Pontiac, Michigan 48058, for supplying the Parks and Recreation Department with a turf cart (Yamaha G-3A) for a total price of $4,750 00, the same having been in fact the lowest bid received which meets specifications, and the bids of W F Miller and the Thesier Equipment Company are hereby rejected for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter, Taylor, Ochala, Jurcisin and Toy NAYS` Feenstra The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #1194-88 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 23, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bids of Bean Bros Bowling & Trophy Co , 21550 Gratiot, East Detroit, Michigan 48021 , for supplying plaques for the Parks and Recreation Department for 1989 for a total estimated price of $2,644 00, the same having been in fact the lowest bid received which meets specifications 24676 On a motion by Councilwoman Toy, seconded by Councilman Ochala, it was RESOLVED, that having considered a communication from the City Assessor, dated November 30, 1988, approved for submission by the Mayor, with regard to a request from Ms Barbara Evans, 14430 Brookfield, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby approve of the division of Tax Item No 46 087 99 0005 000 into three parcels, the legal descriptions of which shall read as follows PARCEL "A" A parcel of land being part of the S W 1/4 of Section 22, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning at a point, located S 0 deg 5 min 35 sec East, along the North and South 1/4 line of said Section 215 91 feet, S 89 deg 52 min 30 sec West, 471 70 feet and N 0 deg 03 min West, 60 0 feet, from the center of said Section, thence continuing N 0 deg 03 min West, 115 44 feet to the South line of Lyndon Avenue, 86 feet wide, thence along said South line N 89 deg 49 min West, 92 50 feet, thence S 0 deg 03 min East, 115 94 feet, thence N 89 deg 52 min 30 sec East, 92 50 feet to the point of beginning Containing 0 245 Acres of land, more or less Subject to easements and restrictions of record PARCEL "B" A parcel of land being part of the S W 1/4 of Section 22, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning at a point located S 0 deg 5 min 35 sec East, along the North and South 1/4 line of said Section, 215 91 feet and S 89 deg 52 min 30 sec West, 471 70 feet from the center of said Section, thence N 0 deg 03 min West, 60 0 feet, thence S 89 deg 52 min 30 sec West, 185 0 feet to the East line of Brookfield Avenue, 60 feet wide, thence along said East line S 0 deg 03 min. East, 60 0 feet, thence N 89 deg. 52 min 30 sec East, 185 0 feet to the point of beginning Containing 0 254 Acres of land, more or less Subject to easements and restrictions of record PARCEL "C" 100. A parcel of land being part of the S W 1/4 of Section 22, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning at a point located on the East line 24677 of Brookfield Avenue, 60 feet wide, said point located S 0 deg 5 min 35 sec East, along the North and South 1/4 line of said Section, 215 91 feet, S 89 deg 52 min 30 sec. West 656 70 feet and N 0 deg 03 min West, 60 0 feet along said East line of Brookfield Avenue, from the center 1/4 corner of said Section , thence continuing along the said East line of Brookfield Avenue N 0 deg 03 min West, 116 44 feet to the South line of Lyndon Avenue, 86 feet wide, thence S 89 deg 49 min East, along the South line of said Lyndon Avenue, 92 5 feet, thence S 0 deg 03 min East 115 94 feet, thence S 89 deg 52 min 30 sec West 92 5 feet to the point of beginning Containing 0 246 Acres of land, more or less Subject to easements and restrictions of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Feenstra NAYS Bishop, McCotter, Taylor, Ochala, Jurcisin The President declared the resolution denied On a motion by Councilman Ochala, seconded by Councilwoman McCotter, and unanimously adopted, it was #1195-88 RESOLVED, that having considered a communication from the City Assessor, dated November 30, 1988, approved for submission by the Mayor, with regard to a request from Ms Barbara Evans, 14430 Brookfield, Livonia, Michigan 48154, for the division of Tax Item No 46 087 99 0005 000 into three parcels, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1196-88 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 24678 28, 1988, approved for submission by the Mayor, and submitted � pursuant to Council Resolution 608-88, and which submits a competitive bid received with respect to the proposed sale of City-owned property located at 18259 Lathers, the Council does hereby accept the bid of and authorize the sale of the aforesaid City-owned property to Mario and Rosa Corsi , 32510 Plymouth, Livonia, Michigan 48150, for a total purchase price of $18,210 00, which sale is conditioned upon the purchaser providing any title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #1197-80 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 28, 1988, approved for submission by the Mayor, the Council does hereby reject the bid of Rainbow Ceramics with respect to the proposed sale of the City-owned property located at 28580 Joy Road, the action herein being taken for the reasons indicated in the aforesaid communication NL- On a motion by Councilman Ochala, seconded by Councilman Bishop, and unaimously adopted, it was 11198-88 RESOLVED, that the Council does hereby request that a "For Sale" sign be posted on certain City-owned property located at 28580 Joy Road, which sign would require that all inquiries be directed to the Finance Director On a motion by Councilwoman McCotter, seconded by Councilman Taylor, it was #1199-88 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 28, 1988, approved for submission by the Mayor, and submitted pursuant to Council Resolution 511-88, and which submits competitive bids received with respect to the proposed sale of City-owned property located at 11584 Cardwell , the Council does hereby accept the bid of and authorize the sale of the aforesaid City-owned property to Franklin Hall Homes, Inc , 375 W Girard, Madison Heights, Michigan 48071 , for total pVrChase prfce nf $8,75U UO, which sale i3 cOnditioned up0n the purchaser providing any title worh as may be rgquired La for this transaction, the action herein being taken in order 24679 to best serve the interests of the community, further, the � w� action herein is made subject to and conditioned upon the � approval of the required variances by the Zoning Board of Appeals necessary for the issuance of a building permit to construct a residential building on the subject property A roll call vote was taken on the foregoing resolution with the following result. AYES McCotter, Taylor, Ochala and Jurcisin NAYS Bishop, Toy and Feenstra The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #1200-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 14, 1988, approved fOr submission by the Mayor, with regard to the installation of three pressure reducing valves located on MiddlebGlt and Merriman Roads within the Quakertown Subdivision area, the Council does hereby determine as follows. 1 . To advise the Wayne County Office of Public Services (Permit Section) that the City of Livonia will assume jurisdiction and maintenance of the 1-1/4" diameter sump pump outlets connected with the installation of pressure reducing valve pits within the Merriman Road and Middlebelt Road rights-of-way immediately south of Eight Mile Road, and 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above pressure reducing valves and storm sewer construction A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter, Taylor, Ochala, Jurcisin and Toy NAYS Feenstra The President declared the resolution adopted On a motion Councilman Ochala, seconded by Councilman Jurcisin, Land unanimously adopted, it was 24680 #1201-88 RESOLVED, that having considered a communication from the Department of Law, dated December 7, 1988, approved by the City Engineer and the Finance Director, and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Newburgh Road right-of-way located in Section 32, owned by Gary Jackson and Joyce M Jackson, his wife, which land is more particularly described as follows The Northerly 84 00 feet of Lot 745, "Supervisor' s Livonia Plat No 12," of part of Section 32, Town 1 South, Range 9 East, Livonia Township (now City of Livonia) , Wayne County, Michigan Recorded in Liber 66 of plats, on Page 65, Wayne County Records (9234 Newburgh road - Tax Item No 46-126-01-0745-003) subject to the following conditions (1 ) the purchase price shall be in the sum of $55,000 00, (2) sellers shall have rent-free occupancy from date 16 of closing until July 1 , 1989, and a lease rental at $300 00 per month thereafter, (3) the City of Livonia shall pay Charles W Allen, Jr the sum of $500 00 for the appraisal on this property, (4) the City of Livonia shall pay for the cost of title work in the sum of $320 00, (5) the City' s portion of the prorated City, County, County Drain, School and Community College Taxes shall be in a sum not to exceed $1300 00, BE IT FURTHER RESOLVED, that a sum not to exceed $57,120 00 is hereby appropriated and authorized to be expended from the 7 9 Million Dollar General Obligation Road Improvement Bond Issue for the acquisition of the said right-of-way, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was 24681 Liss #1202-88 RESOLVED, that having considered the report and recommendation of the Director of Finance and the Personnel Director, dated December 12, 1988, approved for submission by the Mayor, the Council does hereby authorize the establishment of the classifications of Computer Administrator I (pay range $23,400 00 - $27,164 80) and Computer Administrator II (pay range $28,849 60 - $33,550 40) , the action herein being made subject to the approval and concurrence of the Civil Service Commission On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #1203-88 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 315 for a proposed improvement consisting of a 31 ft wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II ) on Lyons, Oakley, Santa Anita and Jamison in the Northeast 1/4 of Section 24, 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 160 hearing thereafter having been held thereon on December 12, 1988 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No 315, 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 October 14, 1988 in the amount of $545,549 41 , 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 315 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of eight (8%) per annum on the unpaid 24682 halance of the assessment from the date of � confirmation Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be adjusted to a rate which is not more than 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 , 1990 and subsequent installments on December 1st of succeeding years (4) Pursuant to the provisions of Section 3 08'130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective 0~_ property owners assessed in the manner and substance as provided by said Section 3 08. 190, Any property owner assessed may, within sixty (60) days from December 1 , 1989 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1990 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 , 1989, and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) years interest upon all unpaid installments, provided, however, than when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08 220 then there shall be spread upon the tax roll for such year on the interest for all unpaid installments, and (6) The City Council does hereby determine to pay �� 15% of the paving costs $72,457 41 and 100% of 24683 the drainage costs $57,500 00 and 100% of the right-of-way costs $5,000 00 for a total amount of $134,957 41 On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was #1204-88 RESOLVED, that the Council does hereby request that the Department of Law submit its report and recommendation with regard to the acquisition of right-of-way on Lyons between Jamison and Oakley necessary to complete the proposed street improvement A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter, Taylor, Ochala, Jurcisin and Feenstra NAYS Toy The President declared the resolution adopted On a motion by Councilwoman McCotter, seconded by Councilman Taylor, Lit was RESOLVED, that having considered a communication from the City Planning Commission, dated October 19, 1988, which sets forth its resolution 10-188-88 adopted on October 18, 1988, with regard to Petition 88-8-2-39, submitted by Meadowdale Foods, Inc requesting waiver use approval to utilize SDD and SDM licenses with a new Great Scott Supermarket to be located within 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 December 12, 1988, pursuant to Council Resolution 1047-88, the Council does hereby concur in the recommendation of the Planning Commission and approves the SDM waiver use but rejects the recommendation of the Planning Commission and approves the SDD waiver use and the said Petition 88-8-2-39 is hereby approved and granted, subject to obtaining the transfer of an existing SDD license from another location to this location A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter and Taylor NAYS Ochala, Jurcisin, Toy and Feenstra The President declared the resolution denied _ -- 246A4 On a motion by Councilman Jurcisin, seconded by Councilman Ochala, LI- dnd unanimously adopted, it was #1205-80 RESOLVED, that having considered a communication from the City Planning Commission, dated October 19, 1988, which sets forth its resolution 10-188-88 adopted on October 18, 1988, with regard to Petition 88-8-2-39, submitted by Meadowdale Foods, Inc requesting waiver use approval to utilize 3DD and SDM licenses with a new Great Scott Supermarket to be located within 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 December 12, 1988, pursuant to Council Resolution 1047-88, the Council does hereby concur in the recommendation of the Planning Commission and the SDM waiver use is hereby approved and the SDD waiver use is hereby denied for the same reasons as those set forth in the aforesaid action taken by the Planning Commission For the record, Councilman Bishop and Councilwoman McCotter stated that, despite the above vote, they supported an 3DD waiver use for this location LOn a motion by Councilwoman McCotter, seconded by Councilman Bishop, it was #1206-88 RESOLVED, that having considered a communication dated October 23, 1988, from Robert N Davis, 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 October 18, 1988 by the City Planning Commission in its resolution 10-197-88 with regard to Petition 88-7-2-28, submitted by R & M Clinic, requesting waiver use approval to establish a child care center within an existing building located on the east side of Levan Road between Five Mile Road and Jamison Drive in the Northeast 1/4 of Section 20, the Council does hereby designate Wednesday, February 1 , 1980 at 8 00 P M. as the date and time for conducting a public hearing with regard to this matter, such public hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City 24685 Clerk is hereby requested to do all things necessary in � order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolution with the following result' AYES Bishop, McCotter, Ochala and Jurcisin NAYS Taylor, Toy and Feenstra. The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was #1207-80 RESOLVED, that having considered a communication from the City Planning Commission, dated October 28, 1988, which sets forth its resolution 70-189-88, adopted on October 18, 1988, with regard to Petition 88-8-2-41 , submitted by Scott R. Williams, requesting waiver use approval to establish seating within an existing carry-out delicatessen (N.Y � Deli ) located in Fountainview Plaza on the west side of Newburgh Road between Seven Mile Road and Northland Road in the Southeast 1/4 of Section 6, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on December 14, 1988, pursuant to Council Resolution 1080-88, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 88-8-2-41 is hereby approved and granted, the approval herein being conditioned upon the seating being limited to twelve stools at the counter A roll call vote was taken on the foregoing resolution with the following result' AYES. Bishop, McCotter, Ochala and Jurcisin NAYS Taylor, Toy and Feenstra The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #1208-80 RESOLVED, that having considered a communication from the City Planning Commission, dated October 31 , 1988, m. 0 which sets forth its resolution 18-192-88, adopted on October 24686 L18, 1988, with regard to Petition 88-9-2-44, submitted by Alan Zack requesting waiver use approval to operate an auto body shop within an existing building located on the east side of Stark Road, south of the C & 0 Railway in the Southeast 1/4 of Section 28, which property is zoned M-1 , and the Council having conducted a public hearing with regard to this matter on December 14, 1988, pursuant to Council Resolution 1081-88, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 88-9-2-44 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was #1209-88 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 960-88, adopted on September 28, 1988 wherein the Council did approve Necessity for the improvement of Greenland, west of Middlebelt and Henry Ruff, Greenland to Puritan with a 28 ft. wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, McCotter, Jurcisin and Toy NAYS Taylor, Ochala and Feenstra The President declared the resolution adopted On a motion by Councilwoman McCotter, seconded by Councilman Jurcisin, it was #1210-88 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 3, 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 26, 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 placing approximately four inches of asphalt 24687 on the existing roadway (Alternate IV) on Greenland, west of Middlebelt, and Henry Ruff, Greenland to Puritan, in the North 1/2 of Section 14, 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 August 3, 1988, (4) determine that the estimated cost of such improvement is $92,378.82; (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 borne and paid by the City shall be $12,506.82 (15% of paving) and $9,000 00 (100% of drainage) and that the balance of said cost and expense of said public improvement amounting to $70,872 00 (85% of paving) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments 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 N. 1/2 of Section 14, T 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan described as containing the following described property as indicated on the Proposed Assessment Schedule and the Proposed Special Assessment District 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 24688 11. 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 also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon 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 the said Code A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, McCotter, Jurcisin and Toy i'm NAYS Taylor, Ochala and Feenstra The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilman Taylor, it was #1211-88 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 316 for a proposed improvement consisting of a 31 ft. wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II) on Floral , Seven Mile to Curtis, and Clarita and Pickford, Deering to West of Floral , in the Northeast 1/4 of Section 12, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on December 14, 1988 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 316, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, 24689 im. NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated October 26, 1988 in the amount of $433,750 58, 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 316 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of eight (8%) per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of Linterest shall be adjusted to a rate which is 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 , 1990 and subsequent installments on December 1st of succeeding years. (4) Pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances , as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may, within sixty (60) days from December 1 , 1989 pay the whole or any part of the assessment without interest or penalty; im. (5) The first installment shall be spread upon the 1990 City tax roll in the manner required by Section 24690 3.08 210 of the Livonia Code of Ordinances, as __ amended, together with interest upon all unpaid installments from December 1 , 1989, and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) years interest upon all unpaid installments; provided, however, than when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3.08.200, or after the expiration of the sixty (60) day period as provided by Section 3.08.220 then there shall be spread upon the tax roll for such year on the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 15% of the paving costs $47,782 58 and 100% of the drainage costs $115,200.00 for a total amount of $162,982.58 A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, McCotter, Taylor, Ochala, Jurcisin and Feenstra NAYS: Toy. low The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #1212-88 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 317 for a proposed improvement consisting of approximately 4" of asphalt over the existing roadway (approximately 16' wide) (Alternate IV) on Wentworth, West of Middlebelt in the Southeast 1/4 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 December 14, 1988 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 317, 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 October 26, 1988 in the amount of $33,360 00, are fair and equitable and based upon 24691 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 , provided, however, that deleted from the Special Assessment Roll is the property owned by the Apostolic Church at 29667 Wentworth and 29575 Wentworth, (2) Said Special Assessment Roll No 317 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%) per annum on the unpaid balance of the assessment from the date of confirmation Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be adjusted to a rate which is not more than 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) 110. 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 , 1990 and subsequent installments on December 1st of succeeding years (4) Pursuant to the provisions of Section 3 08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3.08 190 Any property owner assessed may, within sixty (60) days from December 1 , 1989 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1990 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 , 1989, and thereafter one (1 ) installment shall be spread upon each 24692 annual tax roll together with one (1 ) years interest upon all unpaid installments, provided, however, than when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3.08 200, or after the expiration of the sixty (60) day period as provided by Section 3.08.220 then there shall be spread upon the tax roll for such year on the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 15% of the paving costs $4,104 00 and 100% of the drainage costs $6,000.00 for a total amount of $10,104.00 On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was 11213-88 RESOLVED, that having considered a letter from the Personnel Director and the Director of Labor Relations, dated ims December 16, 1988, approved by the Director of Finance and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on December 15, 1988, wherein the Commission recommends that the Council concur in a proposed three year contract to be entered into by and between the City of Livonia and the Police Officers Association of Michigan in behalf of its affiliate the Livonia Police Officers Association for the period December 1 , 1988 through November 30, 1991 , and that the necessary amendment to the Retirement Plan Ordinance, the Compensation Plan and changes in certain benefits as required to effectuate this agreement be approved, the Council does hereby determine to approve of and concur in the aforesaid action; and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was 11214-88 RESOLVED, that having considered a communication dated December 5, 1988, from the Department of Law Ltransmitting for Council acceptance a Grant of Easement executed by Corporate Property Associates 6 and Corporate Property Associates 7, by Sixth Carey Corporate Property, 24693 Im. Inc. and Seventh Carey Corporate Property, Inc. , Corporate General Partners, by Eve E Goldberg, Second Vice President, with regard to the Holiday Inn - Livonia West located north of Six Mile Road and East of the 1275 Expressway, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #1215-88 RESOLVED, that having considered a communication from the City Librarian, dated November 30, 1988, approved by the Finance Director and approved for submission by the Mayor, and which details certain gifts received from various clubs and individuals, the Council does, for and on behalf of the City of Livonia, accept the said gifts in the manner and form herein submitted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1216-88 RESOLVED, that having considered a communication from the Fire Chief, dated December 12, 1988, wherein it is indicated that the Fire Department has received a cash donation from the Livonia Heart Fund in the amount of $3,000 00, the purpose of which is to further the training of firefighters in order to maintain their Emergency Medical Technician licenses, the Council does, for and on behalf of the City of Livonia, accept the said donation in the manner and form herein submitted. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, this 1 ,143rd Regular Meeting of the Council of the City of Livonia was adjourned at 9.06 P.M. , December 19, 1988. Ro17.9.14tP )144.4 ert F Nash, City Clerk L